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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50157
Experience:  Qualified Employment Solicitor
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i went through a recent disciplinary at work which resulted

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i went through a recent disciplinary at work which resulted in no further action taken agaisnt me. During the course of my disciplinary process i walked into two of my managers reading my letters marked private and confidential to the director and chair of the disciplinary process. One of the managers also took minutes at my investigatory hearing. the other manager was nothing to do with the disciplinary. My letter included evidence for my disciplinary and personal information about me. i have now put in a grievance. In my oppinnion they have contravened there own disciplinary policy and confidentiality policy and my rights to a fair and just disciplinary process. Is there a case law i can use as part of my grievance hearing agaisnt them and do i have a good case for my breach of confidentiality?
garry Clark
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How log have you worked there for?

20 years unblemished record

Ben Jones : Sorry ,y connection dropped earlier. How do you think this has affected the outcome of your disciplinary, especially as no further action was taken against you?

The disciplinary was halted as soon s i bought up my own breach. It resulted in all reception staff needing training. there was enough evidence to show the disciplinary was not going to go anywhere even without my own breach. My concern was the fact that my managers decided to red my letters which contained personal information about me and confidential information about my discplinary.


there own disciplinary procedure states that all information and the disciplinary process will be confienial. they have also breached thee own confidential policy and the data protection act i believe.

Ben Jones : Whilst i agree that confidentiality has been breached here you only have a couple of options to take this further. One is to raise a grievance which you have done, the other is a more drastic one and it would involve you resigning and claiming constructive dismissal, assuming that you believe this has made it impossible for you to continue working there. However you cannot take any other legal action, because for example a breach of data protection can only be pursued if you have suffered losses as a result of the employer's actions, which does not appear to be the case here. So the best option is to go down the grievance route and make it clear that this is a breach of trust and confidence, something which is implied into every employment relationship and a breach of their own policies. The best you can expect is to have the employer potentially discipline those at fault and perhaps to amend their existing procedure or training in this respect

Thats what i thought. Thanks for that.

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