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I have some friends* who work for the same employer in a very stressful environment - the workload has steadily increased over the years, the company has no money to invest in staff and it sounds like management are not terribly interested in supporting them anyway, different managers are quite happy to pass their pressures onto their staff without anyone caring to see what workload the staff already have, and it just keeps mounting up and up. The company, to their credit, have employed the services of a third party supplier to offer a confidential employee assistance programme, so that staff can discuss the stresses and strains of everyday life and seek advice, but here's the rub - although the service is advertised as confidential, employees must book an appointment through the boss's PA, and although there are no particular fears that the contents of meetings will be disclosed, there is concern that management will all have awareness of their staff using this service to discuss in management meetings.
So here's the question - can a company provide a private, confidential service and have legitimate access to find out which members of staff take advantage of it?
* It's not me - my job's ace, and I have no such concerns with our EAP. 🙂
I've not come across that before, I'm a manager and have frequently made employees aware of our eap programme and given them all the details of how to contact them if they wish (3rd party provider) but we as a company have no idea if they use it as they contact them directly. That's been the case for 2 companies I've worked for.
So here’s the question – can a company provide a private, confidential service and have legitimate access to find out which members of staff take advantage of it?
Yes, I refer staff for various medical reasons for assessment, treatment and only get report outcomes if the staff give permission.
It's a bit suspicious.
It's clearly not anonymous for a start.
And why would the company pay for a 3rd party service if they have already identified an potential issue with stress/over burden.
Why not adress the issue directly?
I have used three different systems, two as a manager. We have no mechanism for managers to be informed and given the broad nature of our EAP i would be surprised if that were the case.
If we refer to occupational health we get a report, but that is only for anything work significant.
Matt
And why would the company pay for a 3rd party service if they have already identified an potential issue with stress/over burden.
Its often chucked in with something else as part of a package - insurance cover, a H&S provider, some sort of legal/HR package - I assume because failing to manage stress in the workplace has liability issues and this is one way to show "you cared".
Sounds unusual, most EAPs are accessed directly by staff outside of company channels, with some having capacity for má ager to refer in and get a report but only with staff members consent. Ones I've worked with only provided stats such as number of uses/ contacts and trends of reason access such as work stress/ non work stress but completely anonymised.
Yes, I refer staff for various medical reasons for assessment, treatment and only get report outcomes if the staff give permission.
Just to build on that, can staff go without being referred and you not know?
This is very much like the anonymous staff survey where i get an email telling me I havent done it yet.
Just to build on that, can staff go without being referred and you not know?
For certain things yes but remember you also have a duty to inform your manager if you Health can impede you from doing your job.
I'm civil service but our EAP is a separate confidential hotline, and works great
I’ve not come across that before, I’m a manager and have frequently made employees aware of our eap programme and given them all the details of how to contact them if they wish (3rd party provider) but we as a company have no idea if they use it as they contact them directly. That’s been the case for 2 companies I’ve worked for.
Exactly how it works where I work.
In situations where we feel an assistance programme may be appropriate we tell people "this is a resource which is available to you." It's down to them whether they use it or not and we have no visibility.
employees must book an appointment through the boss’s PA,
Why, when it's a third party? What is the PA adding to this transaction, surely it's down to the employee to 'book an appointment' with a third party, there's no reason for a PA to be involved.
For certain things yes but remember you also have a duty to inform your manager if you Health can impede you from doing your job.
An EAP is for the benefit of the employee (clue's in the name) not the employer. Of course an employee should disclose an issue which may cause problems at work yes, but that's why they get pointed at an EAP in the first place rather than as a result of it.
Is it actually illegal in any sense, do we think? Or just a rubbish thing to do?
Perhaps is everyone booked to see them then management may wake up to reality.
An EAP is for the benefit of the employee (clue’s in the name) not the employer. Of course an employee should disclose an issue which may cause problems at work yes, but that’s why they get pointed at an EAP in the first place rather than as a result of it.
I know. It actually benefits both though but yes it’s for employees.
Is it actually illegal in any sense, do we think? Or just a rubbish thing to do?
What is described is probably not illegal in and of itself. However, if the MD / PA then do anything with that information other than administering an appointments diary (the reason that seems to have been given) then that would be a different kettle of monkeys. That "other than" would include retaining the information for longer than is necessary for the legitimate purpose(s) for which it is held.
As others have said, from the background info it sounds like it's more a defensive than supporting implementation so a rubbish thing to do - it's there so that when they end up in an ET accused of not doing anything about workplace stress they can point to it and say "we did a thing"
My friends say thank you very much for your input, very useful. 🙂 Interestingly, management have today implemented a compulsory Friday morning meeting once a month where people HAVE to turn up and talk about how they're feeling. Interesting to hear how that goes... 🙂
Ones I’ve worked with only provided stats such as number of uses/ contacts and trends of reason access such as work stress/ non work stress but completely anonymised.
That is how it works at my place. We just get a monthly stats update of how many people have used the service.
We had a confidential survey a few months ago. First questions were what site are you based at, which department do you work in and what’s your job. First two narrowed it down to my specific department and I’m the manager. The only manager on that site and in that department. Super confidentiality right there!
And why would the company pay for a 3rd party service if they have already identified an potential issue with stress/over burden.
so that staff can discuss the stresses and strains of everyday life and seek advice,
I would hazard a guess that the comapny generally envisages staff looking help with financial woes, relationship advice, low level legal assistance all that kind of stuff. If they aren't self aware enough to realise they are causing workplace stress, they won't be thinking staff will be using it to moan about the company.
The purpose of these is to give the employers something to say "we look after our staff" while paying as little as possible to do so. Much cheaper than removing workplace stress or employing folk directly.
management have today implemented a compulsory Friday morning meeting once a month where people HAVE to turn up and talk about how they’re feeling.
Nope, I can't remotely begin to see how that could possibly go wrong.
The beatings will continue until morale improves.
It kind of sounds like if ISIS did workplace well-being initiatives. Do people get executed if they don't show up for the Feelings Circle?
I had an employee that was off work long term for personal issues. Person said they were using the EAP and a couple of other support services offered by the company. Came back to work a couple of times but I stood up for the employee and got an exemption for additional sessions to be paid so he could continue getting support...I could not even get confirmation that the employee attended any of the inclusive or additional sessions!!!
Works both ways.
I can't think of the lawful basis for the data processing activity for the boss's PA booking that for them.
"Individuals have the right to be informed about the collection and use of their personal data. This is a key transparency requirement under the GDPR.
You must provide individuals with information including: your purposes for processing their personal data, your retention periods for that personal data, and who it will be shared with. We call this ‘privacy information’.
You must provide privacy information to individuals at the time you collect their personal data from them."
Don't bring data protection in to this. I can think of a number of lawful bases for an employer to do this, of course it is necessary for somebody to make bookings. The issue is confidentiality and if the PA will really keep it confidential. Your HR person would be a better choice. They clearly don't want anyone to make a booking.
I know a fair bit about EAP both as a manager, and from the perspective of actually selling EAP products to employers
I can absolutely confirm that there is ZERO need for the PA to do the booking.
It's a direct to employee service.
The boss is snooping.
Doesn't sound like the kind of place I'd work
management have today implemented a compulsory Friday morning meeting once a month where people HAVE to turn up and talk about how they’re feeling.
I've been involved with meetings where the icebreaker is to go around the room and ask how people are feeling today. The idea is that you can temper your response/assessment of what happens later on in the meeting based on what people have said at the start.
I'm not completely comfortable with it, and don't use it in sessions I run, but I can sort of see the point on it.
Also wider awareness of mental health issues can only be a good thing, and getting folk to discuss them more in the open without fear can help in improving things.
BUT no EAP system should have to be booked through anyone else. Wasteful and potentially dangerous.
Don’t bring data protection in to this.
Why ever not, it's a valid discussion point.
I can think of a number of lawful bases for an employer to do this
I'd be interested to hear them.
The issue is confidentiality and if the PA will really keep it confidential.
Interestingly, one of them asked the PA about this, and they have an email response stating that the manager will be told who's made a booking, but they've promised not to discuss it in senior team meetings.
SO glad I don't work there...
Most workplace processing is contract or legitimate interests or even statutory requirement, depending on the type of data and purposes of the processing but that is not really the point.
Somebody has to process a minimal amount of personal data to make sure a person gets an appointment, which meets the requirement for necessary processing. This is usually managed by an external party who is usually a data controller in their own right to maintain confidentiality.
It is unlawful to process personal data without a lawful basis so if there wasn't one than every workplace scheme in the country is breaking the law!
The employer must be responsible for determining the lawful basis, the processing would not happen if person A did not work at Organization B. An organization can be a data controller even if they never see the personal data in question.
Normal practice is to contract the processing out to maintain confidentiality. Bad practice is to get the PA to do it!
Normal practice is to contract the processing out to maintain confidentiality. Bad practice is to get the PA to do it!
And for her to tell the manager who booked. Which she is. 🙁
I hate to be Mr Thread Bumpy-Bumperson, but does it change things if they can say they know for a fact that management WILL know who's attended?
I can think of a number of lawful bases for an employer to do this
It takes more than a lawful basis to make processing legal, which is what the post you replied to was pointing out.
This is very much like the anonymous staff survey where i get an email
Ours emails you a copy of your responses. Which would be all confidential except that IT, Compliance and your boss all have access to your email.
Interesting twist this morning, I hear - after Friday's touchy-feely compulsory "how are you?" meeting, item number one on the agenda this morning was "we have FAR too much staff absence"... Like - the people at the meeting were ipso facto not absent? Speak individually to the absent folk, not the ones that turned up...
SOOOOO glad I don't work there. 😀