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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6943
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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Is telling a customer one of your colleagues has been suspended

Resolved Question:

Is telling a customer one of your colleagues has been suspended breach of confidentiality?
Submitted: 2 years ago.
Category: Employment Law
Expert:  michael holly replied 2 years ago.

Presumably there is nothing about this in your contract or any company policy?

Whast were the circumstances of the disclosure?

Best regards

Michael

Customer: replied 2 years ago.
I'm a contract manager covering a large area Aberdeen to Manchester and had worked over 60 hours that week. I contacted a client to let them know that the engineer coming to do a job for them wouldn't be as he'd been suspended. my employer then suspended me pending an investigation. I just wasn't sure if this breach of confidentiality could be considered as gross misconduct.
Expert:  michael holly replied 2 years ago.

If there is no policy then your employer can only rely on it being breach of an implied term in your contract of " trust and confidence".

It may have be wise not to say anything but , as a matter of fact, the engineer had been suspended. Suspension is not the same as doing something wrong it is commonly used by employers to investigate an allegation without the employee having to come into contact with others who may be involved. It also begs the question what are you supposed to have said instead?

I am not sure what you are supposed to have said to explain the engineers absence, if your employers are suggesting you should have lied this hardly places them in a great light either.

I do not believe in all the circumstances this can be gross misconduct which should be reserved for more serious misconduct such as fighting, dishonesty etc.

I hope this helps. If there are any further points please reply.

Best wishes

Michael

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