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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have recently been disciplined by my boss for telling my

Customer Question

I have recently been disciplined by my boss for telling my uncle that my job has been put at risk of redundacy. My boss says that I have broken confidentiality. Is this legal? Does the confidentiality clause in my contract apply to redundancy?
Submitted: 4 years ago.
Category: Law
Expert:  Alice H replied 4 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

How were you disciplined? What does the confidentiality clause actually say?
Customer: replied 4 years ago.
I was given a written warning. After which i was told to levae work and wait for further instructions. I was told that i am still an employee of the company and would be paid as normal. I still have my phone, laptop and car but i am not allowed to perform any duties at the General Manger of HR and Comunnity Relations. Unfortunately i would need to contact The HR deparment in London as I dont have a copy of my employment contract here.


Expert:  Alice H replied 4 years ago.
So basically you've been suspended for discussing your situation with a relative? How did your employer find out about this conversation?
Customer: replied 4 years ago.

I am a dual national(British and Sierra Leonean) and I am currently on an expatriate congract in my country, Sierra Leone. i am working for a british mining company called London Miining. My uncle is the Atttorney General of the country. He rang my boss to find out what was going on. I initailly rang my uncle to disucss my next steps and see if he could recomend a good local lawyer for me. I intend to persue legal action in the Uk
Expert:  Alice H replied 4 years ago.
OK thanks for the additional information. Confidentiality clauses are inserted in most employment contracts and the purpose is to protect the interests of the business. Usually the clause is drafted widely and covers and disclosure of any information relating to the business activities of the employer. In other circumstances the clause is more narrowly constructed dealing with particular situations. To be clear about your position, you will need to obtain a copy of your contract to see exactly what applies to you. The issue of discussing redundancy plans with a relative may or may not be covered. Disclosure of confidential information can amount to misconduct for which an employee could be dismissed. However, dismissal does depend on the nature of the information disclosed and before dismissal the employer must investigate the matter is a fair and reasonable way. Failure to do so could give rise to a claim for compensation - dismissal may give rise to a claim for unfair or wrongful dismissal - such claims can be brought either in the County Court or Employment Tribunal. Each have different powers. Before deciding what your next step should be I suggest you obtain a copy of your contract and make sure that when you obtain legal advice that you have a copy to hand.
Expert:  Alice H replied 4 years ago.
Can I assist any further? If not please take a moment to rate my answer.

Alex
Expert:  Alice H replied 4 years ago.
Please remember to rate my answer so that I am credited for my time. I am happy to answer any follow up questions for free. Thanks - Alex