This guide will look at when you could claim for employer data breach compensation. Discovering that your personal information was compromised at work can cause significant worry and disruption. If you feel that personal data was misused by your employer, you could be eligible to seek damages and so we explain how to sue for a data breach.

There are two main data laws that protect the public called the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). They require two groups who use personal information to comply with processing rules. Typically these are:

• Controllers – those who decide how and why personal data is used (in this case an employer).
• Processors – a group who work with the data either as part of the same company or as an outside agency.

Failure of either party to meet the data processing laws above could be classed as wrongful conduct. This could form the grounds of a compensation claim if you were financially and/or emotionally harmed because of this.

This guide will start with an explanation of an employer data breach and the eligibility criteria for starting action. After this, we give some examples of how personal data might be breached at work. Then we answer important questions about job security after a data breach and what evidence is needed to support a case.

In the final section, we look at compensation – how it is calculated and what areas of harm it seeks to address. We close the guide by looking at the many benefits of working with a data breach solicitor offering No Win No Fee terms to get started.

You can discuss your employer data breach claim in person right now if you prefer. Our dedicated advisors are available 24/7 to offer free guidance when you:

• Call us on 0800 408 7827.
• Use the live support option.
• Reach out and contact us to arrange a callback. Alternatively, please continue reading.

Browse Our Guide

1. What Is An Employer Data Breach?
2. Can I Claim Employer Data Breach Compensation?
3. What Are Examples Of Workplace Data Breaches?
4. News Stories Related To Employee Data Breaches
5. Could I Lose My Job If I Make An Employer Data Breach Claim?
6. How Do I Start An Employer Data Breach Claim?
7. How Much Employer Data Breach Compensation Could I Receive?
8. Can I Make A Workplace Data Breach Claim On A No Win No Fee Basis?
9. More Resources About Claiming Data Breach Compensation

What Is An Employer Data Breach?

A data breach is an accidental or unlawful security incident that affects the confidentiality, availability or integrity of your personal data. Personal data is a term used to describe information which alone or alongside other details might reveal or infer your identity. For example:

• Name and address.
• Date of birth.
• National insurance number.
• Contact phone and email address.
• Banking details.
• Disciplinary information and personal references.

In addition to this, more sensitive information relating to medical information, ethnicity, sexual orientation or political beliefs is subject to enhanced data protection and classed as special category data.

If data controllers or processors fail to adhere to the DPA and UK GDPR laws, they could face a significant fine from the Information Commissioner’s Office (ICO). This independent watchdog monitors the way companies use personal data belonging to the public.

Can I Claim Employer Data Breach Compensation?

To commence an eligible claim against an employer for a data breach, it is necessary to demonstrate three main points:

• The data breach was caused by the controller or processor’s failure to comply with data protection laws.
• Your personal data was implicated.
• You suffered financial damage, mental distress or both as a result.

What Are Examples Of Workplace Data Breaches?

An employer data breach caused by wrongful conduct could arise in a number of ways. Here are some examples:

• An employer fails to secure paperwork about your employment history and references. This results in paperwork being lost and causing you worry and distress.
• The HR department at work fails to update computer systems and ensure IT protections are adequate. As a result, the company computer is hacked and your personal details are compromised on the internet.
• An employer loses a laptop or memory stick with your personal data on it. After falling into the hands of others, you experience theft from your bank account.
• Letters from your employer are posted to the wrong address or wrong email address despite them having the correct contact details for you. This causes you significant anxiety and financial damage.

News Stories Related To Employee Data Breaches

Here, we look at companies who have fallen victim to data breaches that have seen their employees’ data compromised;

• WH Smith staff were hit by a cyber-attack. Their names, addresses, ages and national insurance details may have been breached. (Source: https://www.bbc.co.uk/news/business-64823923)
• The British Library was the victim of a high-profile cyber attack, and employees’ and readers’ personal data was stolen. (Source: https://www.theguardian.com/books/2024/jan/15/british-library-cyber-attack-staff-users-analysis)
• BBC employee data breach saw details of more than 25,000 current and former employees exposed in a data breach. (Source: https://www.theguardian.com/media/article/2024/may/29/data-breach-exposes-details-of-25000-current-and-former-bbc-employees)

Could I Lose My Job If I Make An Employer Data Breach Claim?

Legally, you are not allowed to be sacked for seeking data breach compensation from your employer. You have a right to seek damages if the liability lies with your firm. Should your employer dismiss you for starting a compensation claim, you may be in a position to claim unfair dismissal. Our advisor can discuss your worries in a free consultation right now on the number above.

 

How Do I Start An Employer Data Breach Claim?

An employer data breach compensation claim starts with evidence. You need to assemble as much proof as possible that wrongful conduct by the employer caused the personal data breach which harmed you. With this in mind, the following is useful:

• Medical proof showing any psychological harm.
• Any correspondence from the employer about the data breach. All companies need to report breaches that hold the potential to impact freedoms and rights to the ICO within 72 hours. They should also inform the people impacted. This correspondence is vital evidence.
• Proof of your complaint to the Information Commissioner’s Office if you choose to make one.
• A copy of the ICO’s findings (if they investigate).
• Documented evidence of the financial harm the data breach has caused you.

With this in mind, if you have any questions about evidence and how to sue for a data breach, you can contact our advisory team for more free help and support.

How Much Employer Data Breach Compensation Could I Receive?

Successful data breach compensation claims may be made up of two heads of loss. Non-Material damage is the emotional suffering caused by the breach. It may be necessary to submit medical evidence of the stress, anxiety or trauma caused by the data breach to prove this.

Legal professionals may compare your medical evidence with types of psychiatric harm listed in the Judicial College Guidelines (JCG). This publication (now in its 17th edition) provides professionals with a list of suggested award bracket amounts for a variety of injuries.

Not to be read as guaranteed amounts; they aim only to act as a starting point for the valuation process. The excerpt below illustrates. Also, please note – our first-line entry is not part of the JCG.

Compensation Guidelines

Description of Injury	How Severe?	Compensation Guidelines	Notes
Multiple Severe Harm and Material Damage Award.	Severe	Up to £500,000+	Multiple types of harm indicated and an award made for the lost income, psychiatric fees and costs of relocating/restoring privacy.
Psychiatric Damage - General	(a) Severe	£66,920 to £141,240	A marked degree of difficulty dealing with life, work and education with a negative prognosis for the future.
	(b) Moderately Severe	£23,270 to £66,920	Cases here indicate significant problems similar to those in bracket above but a more positive future prognosis is indicated.
	(c) Moderate	£7,150 to £23,270	Despite issues centred around work, relationships and education, a distinct improvement is seen by the time the case may need to be heard.
	(d) Less Severe	£1,880 to £7,150	Awards in this bracket reflect the duration of the illness caused.
PTSD - Post-Traumatic Stress Disorder	(a) Severe	£73,050 to £122,850	Here, a permanent impact is seen that radically damages the person's ability to cope with any aspect of life as they did prior to the event.
	(b) Moderately Severe	£28,250 to £73,050	Similar to above but with the distinction that the intervention of professional counselling helps.
	(c) Moderate	£9,980 to £28,250	The injured person largely recovers and on-going symptoms are manageable.
	(d) Less Severe	£4,820 to £9,980	Almost a complete recovery and only minor symptoms persisting beyond this.

How To Claim For Material Damage After A Workplace Data Breach

Material damage is the financial harm caused by the data breach. This includes:

• The expense of seeing a counsellor for the related stress.
• Proof of any loss of earnings caused by time off work with stress.
• Invoices that reveal expenses for replacing devices, restoring privacy or installing home security.

You can access free and immediate guidance on evidence for material and non-material damage. Simply connect with our dedicated team, and if they can, they will connect you to a skilled date breach solicitor from our panel. They have decades of expertise in helping claimants aim for the most appropriate amount of compensation owed to them.

Can I Make A Workplace Data Breach Claim On A No Win No Fee Basis?

After suffering a damaging personal data breach caused by your employer, you might be seriously considering starting a claim for the financial and emotional harm it caused. You are free to do this independently, however, data breach cases can become complex. If you would prefer to access the help of a data breach solicitor, we can help.

At How To Sue, the data breach solicitors on our panel can provide their services through a version of the commonly used No Win No Fee contract. For example, a Conditional Fee Agreement (CFA) typically means you would not need to:

• Pay any fees upfront to hire your solicitor.
• Pay any ongoing fees to your solicitor for the service provided going forward.
• Need to pay any fees for completed solicitor’s services if the claim fails.
• If your employer data breach compensation claim is successful, your solicitor will deduct a success fee as their payment from the compensation. This fee has a legal cap in place and ensures that as the claimant, you benefit most from the outcome.

To learn more about accessing excellent legal represaentation this way, you can start by:

• Completing a contact us form to arrange a callback.
• Using our chat feature to speak to one of our advisors live.
• Calling us on 0800 408 7827

More Resources About Claiming Data Breach Compensation

In addition to this guide about employer data breach compensation claims, we have listed some internal and external resources below to help:

In conclusion, we appreciate your interest in our guide about employer data breach compensation. We invite you to connect with advisors for further assistance.