Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?
Does the employer know about this?
what were the contents of the file that were lost?
as you were entrusted with the safekeeping of this information, it could be a potential misconduct issue if you had lost it as it will also be a data protection concern. Of course there is no guarantee that the employer will treat this as gross misconduct but there is the potential of that happening - it really depends on the employer, you can never guess how seriously they will treat this so it can be quite subjective. One important thing in your case is that you will not be protected against unfair dismissal - we are really talking worst case scenario here in the event they decide to dismiss you but if that was to happen then you will not be able to challenge it as being unfair because you need to have at least 2 years' service to do so. Thy can therefore legally dismiss you for more or less any reason, including this loss of documents. As mentioned, there is no guarantee they will do this but the potential is there so bear that in mind. In the meantime, try to resolve this as best as you can - you have already tried to locate the file but also you may want to come clean with the employer - if you are honest and admit your mistake, apologising and offering to try and resolve as best as possible, the employer may still accept it was not done maliciously and was human error
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
it really depends on the contents and the effects of their loss will have on the employee/business. The main issue is the data protection breach and also it would be relevant if you did not follow certain company rules, like if you were not supposed to take these out, supposed to store them securely, etc. So there are many if's and the biggest uncertainty is how the employer would treat this
So whatever I may thin, the employer could think completely different and it is their opinion that matters here
then it really is a decision for the employer, remembering that they can decide to dismiss even if in normal circumstances it is not a serious offence to justify dismissal - it is your short length of service that will make this lawful, but as mentioned there is no guarantee it will end up in dismissal
don't think the worst yet. As mentioned if you come clean are honest with the employer, tell them it was an accident, apologise and state you will do all that is necessary to resolve this then they may be lenient, but I must stress again it all depends on the employer - I can't predict their response, ony they know that
you may indeed do but it depends on whether he then gets suspicious as to why you are asking him for these assuming you should have them. You could say it is to check for any discrepancies and dress up the request to avoid any suspicion
has this clarified things for you?
ok great, all the best and hope it works out one way or another