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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
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I recently accidentally left a bag with a company tablet,

Resolved Question:

Hi,
I recently accidentally left a bag with a company tablet, phone and confidential papers in a restaurant and have not been able to get it back it has been lost / stolen.
I followed the correct process and reported what happened and I was ensured that the laptop and phone is encrypted and no data could be breached.
The concern is the confidential papers that were in the bag, they do not have any customer data on them but do include confidential future plans for the company that I signed a None Disclosure Agreement on.
Can I be fired for gross misconduct for misplacing the papers and potentially letting them fall into the hands of someone outside the company I work for?
Many thanks
Ross
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
Hi Ben, 10 years I have worked there for
Expert:  Ben Jones replied 1 year ago.
Whilst not necessarily a matter of gross misconduct, it could amount to gross negligence which can also be a dismissible offence. However, do not assume the worst straight away. Hopefully there would be no adverse effect of the company because the chances of the paperwork getting into the hand of competitors who could use this information against your employer are rather slim. You also reported the matter straight away and have a long service, with I presume good disciplinary record. So there are factors which would work in your favour. What I expect may happen here, if the employer is going to treat this as a disciplinary matter, is to issue you with a warning to basically fire a warning show to make it clear that what you did is unacceptable and you should be paying more attention when you are in possession of such sensitive data. So they can leave the warning on file for a certain period of time and monitor your performance to ensure nothing similar happens again for that period. If you cannot demonstrate that and for example there are further incidents in that monitoring period then they may consider dismissal, depending on what these are and their seriousness. However, for the time being just make it clear it was a one off and apologise for what has happened, and as mentioned hopefully this should not result in dismissal, just a warning. 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
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Customer: replied 1 year ago.
Very helpful, thanks.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best