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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Reputation damage because off breach of confidentiality

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Reputation damage because off breach of confidentiality during disciplinary procedures
I am currently invited to a disciplinary hearing. This after an informal investigation was done. I am confident at this that no disciplinary will turn out negative for me because it is quite a week case. But because of a breach in the conviviality during the
during disciplinary procedures, damage to my reputation already has been done.
I will explain the situation. In the beginning of August I was approach by another department within the company, to apply for a position they had open. They asked me if a wanted to apply for it because they same me as a good candidate and believed it would be a
good career path for me. I did apply and went to the interview process. The interview was on the 19 of August. Didn’t have direct or official feedback about the result till this date.
On the 6th of September I had informal investigation/chat, because some issues about me were raised. On the 13 of September I received a letter that I was invited to a disciplinary hearing.
The day after September the 14 it was announced by email that somebody else received the job I interviewed for on the 19 of August.
Without going into details it is pretty clear to me and I think I can prove this, that the decision makers for the job opportunity have known about the investigation, coming disciplinary hearing accusation made. And because of that decided to recruit and hire a different candidate.
To me this a breach of confidentiality during disciplinary procedure and I suffered reputation damage because of it.
My question is what can I do with this? At this moment I think I will like to keep working for this company. But I feel highly damaged in my good name within the company and already resulted in not getting a job/promotion.
Can I ask anything from my employer to correct or compensate this error, which has been damaging for me? I like some advice on this.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 1 year ago.
Thank you, ***** ***** name is Laurens
Expert:  Ben Jones replied 1 year ago.

Hi there Laurens. How long have you worked there for? Please can you also briefly explain what the disciplinary was for?

Customer: replied 1 year ago.
I work here since august 2015. The disciplinary is for unprofessional conduct and inappropriate during work
Customer: replied 1 year ago.
In more detail, spoken rude to co workers
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thanks Ben and good luck with the court case.Laurens
Expert:  Ben Jones replied 1 year ago.

Many thanks. I will get back to you at the earliest opportunity.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The first issue is that you have no proof any breaches of confidentiality were made and you are speculating. The timing may be suspicious but that does not mean it is because of what you think happened. Some proof will be needed.

Secondly, you were not guaranteed this job – you had only applies for it and were waiting for the decision. You were not offered it and then had the offer withdrawn. So there is no guarantee you would have got the job even the was no issue with the disciplinary. You have to remember that an employer can choose whoever they want for the job, even if they are not the best and they can decide to refuse to employ the best candidate.

Finally, there may not have been a breach in the first place. For example, your personnel file could be accessible by anyone in the company who has the authority to do so, such as managers. The department you were interviewing for could have simply exercised its access privileges to check your record. That is not a breach of data protection – these people could have had the right to access it in the circumstances.

It is also worth mentioning that the most appropriate remedy here would have been of constructive dismissal but you need to have 2 years service to be able to claim which you do not have. So whilst you can complain internally to the employer about this, and is impossible for you to make the usual claim in this situation and anything else is going to be rather difficult to pursue. So use the grievance route but consider leaving it at that as it is unrealistic you can do anything else about it.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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