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College has sent information to Apprenticeship employer that he is Autistic without consent.

NAS65492

Hi all,

My son had been doing a carpentry course and went for an apprenticeship of which the company wanted to employ him.  He has worked at the company since January full time this year until he can start his apprenticeship in March. 

The college have taken a long time (applied Sept 2025) and have just arrange an interview of which they have now sent information to the College which was on his original application for the college, his GCSE results and that he has ASD.  We made it very clear to his tutors etc that he did not want the employer to know of his diagnosis .   

He was asked today by his work partner who is teaching him if he has Special Needs (to which he replied no)  He doesn't see himself as having needs and just wants to be treated 'normally' and get on with his life and work hard.  He has his interview next week with both Directors the College and himself.  I rang the college yesterday after I saw the email that had divulged his personal information.  There is no safeguarding issue and I was told that nothing would be said (this was verbal so have nothing in writing), he did have an EHCP and we were told that it would not continue once he is on an apprenticeship.  The College said a Manager would call me back yesterday and I have not heard anything.  I am very worried that 1) he will lose his apprenticeship as they perhaps won't want to take him on and 2) my son really didn't want anyone knowing, he has never told anyone.  Thank you for reading and any help guidance would be very much appreciated.

  • In order to to get any reasonable adjustments then the employer must have knowledge of the disability. If they do not then legally they are in clear.

    I know myself that when I disclosed to my employer about a previous disabilities and then with my ASD that was the start of my troubles. Yes the legal protections are there but there are so many ways that an employer can attempt to justify not making adjustments and treating  with dignity and respect.

    It has been expensive for me so far in lawyers fees with more to come as my tribunal is only months away. I have lost my career and do not think I will be able to get another position in the same field. So I gotta win this.

  • I would complain both to the college and the Information commissioner!  This is indeed a breech of GDPR

    Whilst there can be advantages to disclosing a diagnosis, there can be huge disadvantages and it is nobody's business but the individual concerned to decide what to do and disclose or not.  The college must not do that to other students in future.

    Since the 'damage' to your son's embarrassment has already done and cannot be undone, however, I would encourage him to appreciate that legal protections have also just kicked in for him.  No, he cannot lose his apprenticeship just because they now know he is Autistic.  That would be clear discrimination of the type that would land the company in court if they refused him a job or sacked him on those grounds.

    Cold comfort, I know when his right to be the determiner of who gets to know has been breeched.

  • in reply to Mr T

    thank you so much for your advice.  Currently waiting to hear from the Data Protection Officer.

  • in reply to TheCatWoman

    Hi. Thank you so much for replying. I am going to look into this. 

  • in reply to Fibonacci Squid

    Hi. I hope it doesn’t jeopardise it that but its everyone knowing as its so private. He doesn’t want to be treated oe looked at differently. 

  • I would definately say this is a breach of GDPR or data protection. Complain to College Data Protection officer. Also I would contact the colleges equalities officer as this may have been discriminatory and a breach of confidence.

    I work in the NHS and this would be taken most seriously.

    Also the apprenticeship interview are not allowed to ask about disabilities as that is discriminatory under the equalities act 2010.

  • It may help your subsequent conversation with the College to know that, even through DWP sponsored employment support programmes for people with disabilities and Autism; even they ask you to state which of 3 levels / styles of disclosure they are allowed to make to an employer on your behalf:

    DWP Disclosure Levels.pdf

  • Maybe not a safeguarding issue but does sound like a GDPR issue. Particularly as ASD status is technically a medical thing and therefore has a 'special' GDPR status. 

    I agree with  that as he's been working there well it shouldn't jeopardise the apprenticeship so that worry doesn't need to occur.

    We can't give legal advice here, so I can't tell you what to do but if you continue to struggle to meet with a manager it may be worth asking for a meeting with their Data Protection Officer if they have one, as it would technically be within their remit.

  • I would think that if your son has been working at this place and is getting on well then shouldn't jeopardise any apprenticeship. But I agree that it was none of the colleges business to tell anyone, particularly when it could effect his chances of further training and job prospects.

    I wonder if there's anything legal you could do?