Question about accounts and confidentiality.

rattipus

I wasn't sure where to post this, so I put it here.

Can my accountant disclose any information to a 3rd party without my consent?

I am currently in the process of taking my former employer to a tribunal, as he classed me as self employed (something which is being disputed) I did my own tax return for which I used an accountant recommended by him.
I had a letter from my former employer today and in it he said he was awaiting information about my status from the accountant. I am not happy about this and I didn't think an accountant has the right to discuss any issues concerning myself without my knowledge or consent.

I thought that accounts were bound by confidentiality.

Can anyone clarify this for me please.

LinasPilibaitisisbatman

Accountants should remain confidential unless their is a legal or professional duty to disclose.

However given you are suing your former employer one would suggest their is no reason not to disclose unless your claim is fraudulent and you know the accounts will seal this.

rattipus

No my claim certainly is not fraudulent, the fact is that the employer is flouting ever law there is.
He is classing employees as self-employed so he doesn't not have to give them any rights, not to mention it saves him thounds every year.
The reason I don't wish to disclose information is that he has no right to obtain this without my consent.

Zazen999

Did you get a contract with the accountant, if so I'd dig it out and have a read through.

I take it he invoices you and you pay him, yourself, with no intervention by your former employer?

rattipus

I'll have a look to see if I can find it.
I payed the accountant directly.

dmg24

Although the defendant cannot normally request information directly from your accountant, they may request that the accountant be called as a witness. They may then ask the accountant questions which are relevant to the case. Whether the accountant is required to answer these questions really will depend on what the defendant is asking.

Is there a reason why you would not want the accountant to answer questions?

rattipus

I have no problem for the account to be called as a witness, I just don't see how he can be allowed to tell my former employer information willy nilly. I guess if you pay enough people will tell you anything.

xmaslolly76

A complete blonde question here but if you were employed by the company why were you doing your own tax returns. I thought if you were employed they had to do all that for you ?

rattipus

It's what done in working practise that decided weather you are self-employed or an employee regardless of who pays tax. My accountant actually told me I had to change a lot of what I submitted to him as I looked employed. I bet he won't remember that.

rattipus

you can be employed and still do your own tax returns. It called being self-employed for tax purposes apparently. I'm fighting the fact I was actually employed and not self-employed.

xmaslolly76

ahh ok thanks i just wondered :-)