If you have experienced a dismissal records data breach, you may be eligible to claim compensation. Dismissal from work can be a highly stressful experience, and a breach of this information could have significant effects on your well-being.
This guide will explain how to claim compensation for a personal data breach regarding your dismissal information. We will discuss potential compensation amounts and the criteria set out by data protection legislation for claiming.
Furthermore, we will discuss what personal data is, and the steps organisations should take to protect it.
If a data breach of dismissal or disciplinary information harmed you, you might be eligible to claim compensation. Our advisors can provide free legal advice and can tell you if your claim is valid. If they find your case to be eligible, they may connect you with a solicitor from our panel.
To learn more or start your claim, get in touch:
Select A Section
- What Is A Dismissal Records Data Breach?
- What Data Could Be Included In A Dismissal Records Data Breach?
- How Should Your Employer Protect Your Data At Work?
- Dismissal Records Data Breach Compensation Calculator
- Start A No Win No Fee Compensation Claim
Data breaches are security incidents. When a personal data breach occurs, this incident affects the availability, confidentiality, or integrity of your data. Personal data is any information that could identify you. The personal data of UK residents are protected by two main pieces of legislation.
Data controllers and data processors must comply with data protection legislation such as the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). A data controller is in charge of determining how and why they collect and use your personal data. A data processor then processes this on the controller’s instructions.
If your dismissal records are included in a personal data breach, you may be able to claim. However, you must meet the criteria set out by the UK GDPR:
- The data breach must involve your personal data
- Failings on the part of the controller or processor must lead to the breach
- You have to experience harm because of the breach, either financially or psychologically
Generally, you will have six years to start your personal data breach claim. However, this becomes one year if your claim is being made against a public body.
To find out if you could be eligible to make a claim following a dismissal records data breach, contact our advisors today.
Data breaches at work can affect your personal data, which is data that identifies a person. Some examples of personal data that could be included in your dismissal records could be:
- Date of birth
- Email address
- Phone number
- Bank account number and sort code
Your dismissal records could also contain special category data. This is a kind of personal data that requires extra levels of protection according to data protection law. Some examples of special category data that could be found in your dismissal records include:
- Health data
- Your sexual orientation
- Your race or ethnicity
- Your religious views or beliefs
If your personal data has been compromised by a dismissal records data breach that has caused you harm, get in touch with our team.
Under data protection law, employers are responsible for protecting the personal data they collect and process. Guidance for this can be found through the UK GDPR, and through the Information Commissioner’s Office (ICO).
One thing that employers can do to aid in data protection in the workplace is to provide data protection training. For example, training employees on UK GDPR compliance, as well as features such as the blind carbon copy (BCC) feature in emails. Training in these areas can help reduce the risk of a human error data breach.
Employers must also ensure that they have adequate cyber security systems in place to digitally protect personal data. This can help prevent cyberattacks. Likewise, employers should have adequate onsite security where necessary to protect physical data. For example, a lockable filing cabinet for files that contain medical data.
If you would like to make a claim following a dismissal records data breach, get in touch with our team today for free legal advice and guidance.
You can receive up to two types of damages if your dismissal records data breach claim succeeds. The first type of compensation is material damage, which provides compensation for any monetary losses that the breach causes. For example, a breach of your bank data, like your account number or sort code, could lead to significant financial losses. Criminals could steal money from your account. Or make fraudulent purchases using your credit card.
Non-material damage provides compensation for the psychological injuries that a data breach causes. For example, a data breach could lead to post-traumatic stress disorder (PTSD), anxiety, and depression.
Below, there is a table containing guideline figures for non-material damage awards. The Judicial College Guidelines (JCG) provides these figures to legal professionals to help them value compensation claims.
|Mental Harm Caused||Severity And Damages||Comments|
|Psychological Harm||Severe - £54,830 to £115,730||Symptoms in this bracket could make it hard for the person to work, study or maintain relationships.|
|Psychological Harm||Moderately Severe - £19,070 to £54,830||The symptoms of this bracket are similar to the case above, but there is a more optimistic prognosis.|
|Psychological Harm||Moderate - £5,860 to £19,070||A marked improvement of symptoms goes on to provide a good prognosis.|
|Psychological Harm||£1,540 to £5,860||How much could be awarded will depend on how long and to what degree the person was affected.|
|Post-Traumatic Stress Disorder||Severe - £59,860 - £100,670||The injury has severely affected this person's ability to function or work at the same level and in the same way they did before the trauma.|
|Post-Traumatic Stress Disorder||Moderately Severe - £23,150 to £59,860||Some degree of recovery is expected with professional treatment, leading to a more optimistic prognosis.|
|Post-Traumatic Stress Disorder||Moderate - £8,180 to £23,150||A large recovery is expected, and any continuing symptoms are non-disabling.|
|Post-Traumatic Stress Disorder||Less Severe - £3,950 to £8,180||A mostly full recovery takes place, with only minor symptoms that continue.|
Please be aware that these figures are guideline amounts. They are not guarantees of what you could receive. To get a free estimate of what your dismissal records data breach claim could be worth, contact our team of advisors.
If you would like to make a personal data breach claim, you may be wondering if you can hire legal representation. A No Win No Fee solicitor from our panel could be able to help you make your claim with a Conditional Fee Agreement (CFA).
Typically, a CFA allows you to access all the benefits of expert legal representation without paying ongoing costs or upfront fees to your solicitor. In the event of a successful claim, your solicitor will take a success fee. This is a small percentage of your compensation, with a legal cap. Without success, this fee is not paid.
Contact our advisors today for your no-obligation consultation to see if you can start a data protection breach claim. If they find you have a valid claim for compensation, an advisor may connect you with a solicitor from our panel. To get in touch:
Online Data Breach Resources
Reading these resources, you can learn more about making a data breach claim.
- Comparison Site GDPR Data Breach Compensation Claims Guide
- Can I Keep 100% Of My Compensation With A No Win, No Fee Claim?
- Recruitment Agency Data Breach Claims
Or, for more helpful resources:
Thank you for reading our guide to claiming compensation for a dismissal records data breach.
Written by HC
Edited by CH