Employer Data Breach Compensation – How To Sue

During your employment, your employer will be responsible for handling and processing your personal data, including your name, address, and financial details. Whilst your trust is typically instilled in your employer to handle your data adequately, this may not always be the case. Therefore, if your personal data was compromised, you may be wondering how to sue for employer data breach compensation. Fortunately, our panel of solicitors could help guide you through the claims process, helping you to gather evidence such as a notification of the breach, as well as your medical records to show the harm you suffered. In all, you will need to demonstrate that your employer failed to adhere to data protection laws, causing you to suffer financial and/or emotional harm.

At How To Sue, our friendly team of advisors are here to help you through this challenging time. We understand that starting a data breach claim against your employer can be a daunting prospect, so we’re here to guide you through this process. As part of the free services that we offer, you could enjoy an eligibility assessment to look at the merits of your claim. Following this, you could be connected with one of the specialist No Win No Fee data breach solicitors from our panel. Through their decades of combined experience, one of the solicitors could assist you with how to sue for employer data breach compensation.

To start your employer data breach compensation claim today, please feel free to get in touch with a friendly advisor today.

Frequently Asked Questions

1. How To Sue For Employer Data Breach Compensation
2. Examples Of How Employer Data Breaches May Occur
3. How Much Compensation Can I Sue For After An Employer Data Breach?
4. What Is Needed When Suing For A Data Breach By Your Employer?
5. Do I Need a Solicitor to Sue for Employer Data Breach Compensation?
6. Can I Sue For Employer Data Breaches On A No Win No Fee Basis?
7. More Information

How To Sue For Employer Data Breach Compensation

To sue for employer data breach compensation, you must be able to demonstrate that you suffered harm due to your employer’s failure to adhere to data protection laws. In all, your personal data is protected by two fundamental laws: the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR). These laws ultimately govern data privacy and protection within the UK. They must be adhered to by data controllers (the organisation that processes data) and processors (who may be appointed to process personal data by a controller). Your employer would be considered a ‘data controller’.

However, if your employer failed to adhere to these pieces of legislation, it could lead to a personal data breach at work. A personal data breach is an incident that affects the integrity, confidentiality, or integrity of your personal data.

As such, you will need to fulfil the following eligibility requirements to start your personal data breach claim:

• A data processor or a data controller at work failed to adhere to data protection legislation
• Your personal data was compromised by the breach
• You must have suffered financial and/or emotional harm due to the personal data breach.

What Personal Data Can Employers Legally Hold?

Employers can legally hold personal data necessary for the employment relationship; such as your name, national insurance number and bank account details.

Personal data comprises any information that could identify you either directly (such as your name) or indirectly when pieced together with other information (such as an ID number and your birthday).  Please see the following examples of personal data that can be held by your employer:

• Your name
• Your address
• Your national insurance number
• Emergency contact details
• Your personal email address, unrelated to your company email.

Employers can also hold special category data; this information is sensitive and therefore requires additional protections under UK GDPR. Special category data held by your employer can include:

• Data relating to your racial or ethnic background
• Data about your religious beliefs
• Medical information

Can I Claim Against My Employer Without Losing My Job?

Yes, you could make a claim against your employer without losing your job. In all, it’s illegal for your employer to dismiss you, demote you, or treat you unfavourably for making a legitimate compensation claim against them.

If you’re dismissed for making a data breach claim against your employer, this could amount to an unfair dismissal. As such, you may have grounds for an employment tribunal.

In essence, your employer can only dismiss you for valid reasons unrelated to your claim, such as misconduct, performance issues or redundancy.

To learn more about how to sue your employer for data breach compensation, please get in touch with one of our friendly advisors today.

Examples Of How Employer Data Breaches May Occur

Employer data breaches may occur due to a number of factors, often involving human errors and malicious activity. Please note that a data breach alone is not enough to start a claim against your employer. You must be able to prove that your personal data was included in this breach, and that you suffered harm as a result.

Please see the following examples of how employer data breaches may arise:

• An employer could accidentally send an email containing payroll data to the wrong recipient, leading to significant emotional harm.
• An employer could leave confidential information about staff medical conditions on a desk in view of visitors, resulting in a personal data breach. These members of staff could therefore experience anxiety and PTSD as a result.
• An employer could fail to install necessary software updates, leaving the system vulnerable to exploits. Due to this, personal data revealing the national insurance numbers of staff members could become compromised in a cyber attack.
• An employer could fail to use the Blind Carbon Copy field (BCC) when sending information using personal, non-business email addresses. These email addresses could be viewed by multiple recipients, causing psychological harm to the member of staff.

Please note that the above list is not exhaustive, and employer data breaches can occur in many different situations.

To discover more about how to sue for employer data breach compensation, contact one of our advisors today.

How Much Compensation Can I Sue For After An Employer Data Breach?

The amount of compensation you can sue for after an employer data breach will entirely depend on the damage you’re claiming for and how severe it was.

In a data breach claim, your psychological harm is referred to as ‘non-material damage’.  It ultimately relates to psychological harm caused by a personal data breach, including emotional distress, depression, PTSD and anxiety.

When valuing compensation for your non-material damage, a solicitor will use the Judicial College Guidelines (JCG) for reference. This publication is common among legal professionals as it contains compensation guidelines for many different types of harm, including psychological damage.

All entries in the table below, apart from the first figure, have been taken from the JCG. Please be aware that they are merely guidelines and do not guarantee how much you could be awarded.

Harm	Severity	Compensation Pay-out
Mental harm with financial losses	Very severe - including material damage such as lost earnings, relocation costs and medical expenses for counselling	Up to £250,000 plus
Psychiatric Damage	Severe - affecting the person's ability to cope with life, education and relationships	£66,920 to £141,240
Psychiatric Damage	Moderately Severe - significant problems affecting the ability to cope with life, relationships and work, but a more positive prognosis than more severe cases	£23,270 to £66,920
Psychiatric Damage	Moderate - with a marked improvement by trial and a positive prognosis.	£7,150 to £23,270
Psychiatric Damage	Less Severe - considering the length of the period of disability.	£1,880 to £7,150
PTSD	Severe - with permanent affects that prevents the person from working, with all aspects of life badly-affected.	£73,050 to £122,850
PTSD	Moderately Severe - involving some recovery with professional help, yet still with a significant disability	£28,250 to £73,050
PTSD	Moderate - the person will have largely recovered	£9,980 to £28,250
PTSD	Less Severe - a full recovery may have been made within one to two years.	£4,820 to £9,980

Can Employer Data Breach Compensation Cover Financial Losses?

Yes, successful employer data breach claims could cover financial losses. These are refered to as ‘material damage’ in a data breach claim. This relates to any monetary losses you may have suffered due to the personal data breach.

Examples of financial losses that could be claimed for may include:

• Therapy costs if you suffered mental distress due to the breach.
• Loss of earnings due to time taken off work to recover from the mental distress caused by the breach.
• The cost of additional home security.
• Relocation costs if the breach caused you to live in fear from a leaked address.

Please note that financial losses must be supported with evidence, such as:

• Credit reports
• Receipts
• Bank statements
• Payslips
• Invoices

To discuss your personal data breach experience with one of our friendly advisors, please get in touch today. They can estimate how much your claim could be worth as well as discuss how to sue your employer for data breach compensation.

 

What Is Needed When Suing For A Data Breach By Your Employer?

When suing for a data breach by your employer, you will ultimately need to show who was responsible for the breach, how the breach affected your personal data and how it affected you mentally and financially. Simultaneously, you will also need to comply with the claim time limits.

As such, please see the following guidance about evidence and time limits in data breach compensation claims:

What Evidence Do I Need to Sue for Employer Data Breach Compensation?

Evidence you will need to sue your employer for data breach compensation could include the following:

• A letter of notification from your employer notifying you of the personal data breach.
• The findings of an investigation by the Information Commissioner’s Office (ICO). Whilst reporting a personal data breach to the ICO is not necessary, they could investigate the breach on your behalf.
• Your medical records showing a professional diagnosis with a mental condition due to the personal data breach.
• Your financial records to show the monetary losses you suffered due to the data breach. This can include payslips, invoices and receipts for medical expenses and lost earnings.

If you’re put through to one of the expert data breach solicitors from our panel, they could gather this evidence on your behalf.

Is There a Time Limit for Employer Data Breach Claims?

Yes, there is typically a 6-year time limit for employer data breach claims. Please note that this limitation period will begin from the date you became aware of the breach.

However, if you’re claiming against a public body, the time limit will only be 1 year.

To discover more about time limits in employer data breach claims, please feel free to get in touch with our helpful advisors today.

Do I Need a Solicitor to Sue for Employer Data Breach Compensation?

No, you will not need a solicitor to sue for employer data breach compensation; it’s highly suggested that you do instruct a legal professional to manage the claims process. A solicitor will have experience in securing successful settlements, and can therefore ensure that your case is properly managed and valued. By managing the legal complexities, a solicitor will massively reduce the risk of you losing and having to pay your employer’s costs.

If you’re put through to one of the dedicated No Win No Fee solicitors from our panel, you could experience the following advantages:

• Expert assistance with evidence-gathering, ensuring that details such as insufficient security systems and ignored data protection rules do not get overlooked.
• Putting you in contact with the specialists who can help you after your employer data breach. This can include counsellors and cognitive-behavioural therapists as well as security specialists.
• Consistent updates so you always know where your employer data breach claim stands.
• Help with how to sue for employer data breach compensation by providing expert advice
• Explanations of legal terminologies to give you a full understanding of the data breach claims process.
• Negotiating on your behalf to achieve a settlement that accurately reflects your mental and/or financial suffering.

To learn if you could be eligible to claim, please contact our advisory team today.

Can I Sue For Employer Data Breaches On A No Win No Fee Basis?

Yes, you could sue for employer data breaches on a No Win No Fee basis if you’re connected with one of the experienced solicitors from our panel. Operating under a Conditional Fee Agreement (CFA), you can enjoy the following:

• No solicitor service fees at the beginning of your case, as it develops, or in the event that the outcome is unsuccessful.
• If the outcome of your case is successful, a success fee will be paid to your legal representation. Please note that the percentage of the success fee is capped by law, and will be taken from your compensation.

Contact How To Sue To Claim For An Employer Data Breach

For more information about how to sue for employer data breach compensation, our advisors are here to help you. Please feel free to contact one:

• Call on 0800 408 7827
• Use our free live chat feature
• Contact us by completing our online form

More Information

To discover more about personal data breach claims, please see some of our other guides:

• Learn how to claim for bank data breach compensation
• Get help with suing for an email data breach
• See the following advice about how to sue for a HMRC data breach

Additional external resources:

• See the following advice on where to get urgent help for mental health from the NHS
• Learn about the personal data that an employer can keep about an employee from Gov.UK
• Look at the following penalties that have been issued by the ICO for data breaches

Thank you for reading our helpful guide on how to sue for employer data breach compensation.