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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 2407
Experience:  Owner at James Bruce Solicitors
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I have been suspended from work on accusations of breach of

Customer Question

Hi, I have been suspended from work on accusations of breach of Gdpr, I was looking in our branch computer folder for holiday planners and opened a form that turned out to be my managers review,I never read the whole thing just the part that was open, I mentioned this to another colleague who has informed my manager, I gave a statement and have been suspended, they accused me of taking photos and sharing them around
JA: Have you discussed the accusation with a manager or HR? Or with a lawyer?
Customer: It was with a manger, she took a statement and has been in contact with our hr department
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: im fully employed and not part of a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 15 days ago.
Category: Employment Law
Expert:  james bruce replied 15 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

You say it is claimed you also took photos, did you do that?

Customer: replied 15 days ago.
I took a photo of part of the screen as it some good comments about my performance. I showed these to my girlfriend when I got home and then deleted the photo
Expert:  james bruce replied 15 days ago.

Thank you for that additional information, that will be helpfull in allowing me to advise you today.
I am sorry to say, that because you accessed company information to which ypu should not have done, and then took photos, even though part may have been about you, you have broken GDPR rules. The company are fully entitled to hold a formal disciplinary hearing for you in regards ***** ***** data breach, and I have to warn you, that the matter could be treated as gross misconduct that could lead to the termination of your employment.

If a disciplinary hearing does take place, you are entitled to a union rep with you, if you are in a union, and if not another employee can attend with you.

Any breach of GDPR is normally taken seriously. Had you only opened the document in error, and then immediately closed it, you could of had a defence, but then actually taking photos of documentation is a serious breach.

Customer: replied 15 days ago.
Ok, thanks for your help
Expert:  james bruce replied 15 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.