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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49850
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Evening, I work insurance firm. A number of employees

Customer Question

Evening, I work for an insurance firm. A number of employees have been suspended for commission fraud. Work called me for a statement which was then copied and sent to the employees who were suspended. I feel like this is a breach of trust and it feels wrong to me. I was only told about this by a suspended employee. I never gave permission for this info to be shared. Did they do something wrong?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

The employer has not necessarily done anything wrong here. If you were interviewed as part of an investigation in the workplace then it is assumed that this information can be used against the people alleged of the misconduct. It is possible for you to request anonymity when giving evidence but that is for you to request – not for the employer to offer, nor would they assume you wanted to be anonymous and ask you whether it is acceptable to disclose you as the witness.

Even with a request for anonymity the reason for the request and the motives of the informant needs to be explored. In a small workplace, or in instances where the witness is genuinely in fear of physical violence, various steps can be taken to protect the witnesses' identity. The reality is, however, no guarantee of complete confidentiality to the witness can be given. There may always be a risk that subsequent criminal or civil (including employment tribunal) proceedings are issued and the accused employee will seek disclosure of the witness statements or notes of interview, which will identify the witness.

Saying that, in ordinary disciplinary proceedings, witnesses' anonymity may be protected if the witness requests it. That could be done quite easily as long as the main information in the statement is disclosed and the employee knows what the evidence against them is and allows them to defend it.

Ben Jones :

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether you need further help or if I can close the question? Thank you

Expert:  Ben Jones replied 2 years ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks