Investigating the personal affairs of workers in reorganization processes can generate a violation of the fundamental right to privacy, with legal consequences for the company and those directly responsible.

The appeal No. 3094/2024 filed by the worker against the ruling handed down by the Social Court No. 8 of Barcelona (orders 527/2023) regarding the protection of fundamental rights is resolved.

The worker provided services as coordinator of the selection center in Spain of a company dedicated to the food sector. In January 2023, the company carried out an organizational restructuring, which involved the appointment of a new human resources and processes coordinator, to whom the worker reported directly.

Between January and May 2023, the work environment was characterized by excessive working hours, tension and concern. The worker had several meetings with her superiors, in which his professional performance and his ability to manage the restructuring of the selection department were questioned. In some of these meetings, it was suggested to him that it would be advisable for him to resign as department head.

During these interviews,His direct boss asked him about his personal life, including the professional situation of his partner and children., and recorded this information in internal minutes archived in the cloud, with access only to him and his assistant. Although the information was not disclosed, the worker considered that it was an intrusion into her privacy, since, although she answered the questions, she did so in an environment of hierarchical pressure, which questioned the voluntariness of her answers. Critical observations were also reflected in the minutes:"I have many doubts about the fact that you are capable of tearing down everything that exists and defining it from scratch". The worker, despite the situation, expressed her willingness to collaborate in the restructuring process through emails, although the restructuring process generated anxiety and mental imbalance.

On April 27, 2023, the employee went to the company's medical service and was diagnosed with psychological discomfort. She was prescribed medication, in addition to recommending that she go to the mutual insurance company. On May 5, he went to the mutual insurance company and was diagnosed with unspecified anxiety disorder. The employee reported the labor conflict she had in the company. The mutual insurance company informed him that his pathology could not be considered a work accident.On May 8, 2023, a temporary disability process began due to adjustment disorder with depressive episode, derived from the work environment and pressure from managers.

On June 30, 2023, she was disciplinaryly dismissed.. As a result of the lawsuit filed by the worker, on July 11 the company initiated a harassment protocol which concluded that the events described in No they constituted signs of workplace harassment.

The Social Court No. 8 of Barcelona dismissed his claim absolving the defendants of all claims.The worker, not being satisfied with the resolution,filed an appeal alleging:

• Intrusion into your privacy (Violation of article 4.2 e) of the Workers' Statute, and article 18.1 of the Spanish Constitution).
• Situation of workplace harassment and absence of health and ORP protection against psychosocial risks (Violation of articles 10.1 and 15 of the Spanish Constitution, articles 4.2.d) and 19 of the Workers' Statute, as well as article 14 of Law 31/1995 on the Prevention of Occupational Risks and article 1.1.A) of ILO Convention 190, in relation to article 183 of the Law Regulating Social Jurisdiction).

• Request for compensation for moral damages and losses for a total of €75,000.

And what did the company claim:

The company claimed that the questions about his personal life were intended to generate an environment of trust.. The meetings and interviews carried out did not constitute harassment or systematic pressure, but rather normal professional criticism within a restructuring process. And he defended that the company had complied with all its obligations regarding prevention.

The TSJ of Catalonia declared the violation of the right to privacy and jointly condemned the company and its superior, coordinator of human resources and processes, to pay €10,000 in moral damages..

The Court did not recognize workplace harassment or violation of physical or moral integrity, considering that, although the work environment was tense and there was professional criticism, it did not constitute harassment or systematic humiliation. There were no insults and the references to the worker's resignation were related to her position as head of the selection center and not to her continuity in the company. The Court found that the coordinator acted in an incisive and insisting manner, but not disrespectfully.

Regarding the lack of protection in preventive and health matters, there were no corporate breaches.. The company had a plan for the prevention of occupational risks and planning of preventive activity and there is no evidence that the worker had submitted any communication about her situation, despite the fact that she had expressed to her superior the discomfort caused by the tense and aggressive work environment and the effects on her health.