Employee Confidentiality

Sambucus_Nigra

Jarndyce wrote: »

I think if I no longer worked there and had moved on and got another job I wouldn't give two hoots.

Well, jolly good for you. :T:T:T

I would and so does the OP's wife. I'd want to contact HR and find out what they are going to do about it. I'd not lie down and just ignore this.

Jarndyce

Sambucus_Nigra wrote: »

Well, jolly good for you. :T:T:T

No need for that.

Sambucus_Nigra wrote: »

I would and so does the OP's wife. I'd want to contact HR and find out what they are going to do about it. I'd not lie down and just ignore this

Why would you bother? Its an employer you left months ago and you have no legal recourse so why waste energy on it? What exactly would you suggest that HR could "do about it"?

edinburgher

I would and so does the OP's wife. I'd want to contact HR and find out what they are going to do about it. I'd not lie down and just ignore this.

I'd definitely make a complaint, because OP's wife does have a right to some privacy thanks to data protection laws and there's no real reason a third party should be told about her work performance (unless it was for a reference and even then, I don't think references go down to that sort of detail unless you're a billionaire investor or a professional football player )

(Wouldn't expect much to happen as a result bar an apology though)

Sambucus_Nigra

Jarndyce wrote: »

No need for that.
Why would you bother? Its an employer you left months ago and you have no legal recourse so why waste energy on it? What exactly would you suggest that HR could "do about it"?

Because I have a reputation. Because it might just stop them doing it again. I'd want the statement withdrawn and the third party to be made aware that I wasn't underperforming when I left and I'd want an apology from the person who did it.

I wouldn't want compensation if that's what you are after knowing....but I'd be fuming if they did this to me.

SarEl

Sambucus_Nigra wrote: »

IF I had the evidence......as I said then yes, I'd do something.

It is not good form to go spouting about past employees - we don't know who the third party is - we don't know the ins and outs and as this could harm future employment opportunities it needs to be followed up and an apology needs to be made IF there is evidence and the third party is a relevant person who never needed this information.

I very much doubt that you would let your reputation be damaged in this way - we've seen you get upset when other people have suggested [quite wrongly] that your methods are in question [and that's on an anonymous forum] and I'd expect any professional to follow up something like this.

I think you are failing to understand what I am saying. Even had this been said in a reference (and it wasn't) it is legitimate opinion and third party information at that. As has been pointed out, there are lots of reasons why her name may have been brought into this grievance, and it seems odd that an employer would have simply said something about somebody totally unconnected with the grievance unless the grieving party brought her up in the first place. If this has been said to her directly then by all means she could have objected to the content - but that is all she could have done. Similarly, she can do as you suggest and go to a solicitor who will charge her for sending a letter to the employer - money she cannot get back because there is no apparent breach of the law. So I am not saying she may not have a right to be annoyed - I am suggesting that there is uterrly nothing that she can do about it.

But there is another issue. Your friend obtained this information from a friend who divulged confidential information obtained during a grievance procedure. So by all means hand that information to the employer, even better than that, put it in a letter from a solicitor. Because that would certainly solve the employers problems - divulging such information is gross misconduct and could very easily result in her friends dismissal.

She has left the employer, and it would appear that her decision to do so was a sound one. I am not defending the employer, I am saying that what is currently an annoyance that frankly, she should never have been told about, could become far more damaging to her and to her friend by dragging this out and making theats.

SarEl

PS - on re-reading the OP I think I shouild also point out that the "third party" is the OP's friend! So that firmly places the OP's friend in the frame for disclosing confidential information, not the employer!

Pete111

Sambucus_Nigra wrote: »

Well, jolly good for you. :T:T:T

I would and so does the OP's wife. I'd want to contact HR and find out what they are going to do about it. I'd not lie down and just ignore this.

Honestly (speaking as someone in HR) other than perhaps tightening up processes to help ensure 3rd party data wasn't alluded to in future investigations etc what do think HR will do?

In this case it's quite possible in terms of the context given, that the employers response (whilst not ideal) may have been to a specific query raised by the employee making the greivance claim ie

'X and I both thought this policy etc was wrong and unethical '

'well both X and yourself miss/missed your targets regularly and as such are/were weaker performers - the company feels this may have a significant bearing on your views here.'

Personally, I really wouldn't be too concerned if you called... and I certainly wouldn't be worried from a legal/financial perspective.

Sambucus_Nigra

Pete111 wrote: »

'well both X and yourself miss/missed your targets regularly and as such are/were weaker performers - the company feels this may have a significant bearing on your views here.'

Actually, you have no right to spout about a person's performance to anyone and everyone - whether true or not. Should you even BE in HR if you can't keep private & confidential information to yourself?

Jarndyce

Sambucus_Nigra wrote: »

Actually, you have no right to spout about a person's performance to anyone and everyone - whether true or not. Should you even BE in HR if you can't keep private & confidential information to yourself?

Sambucus_Nigra wrote: »

I'd be fuming if they did this to me.

Sambucus_Nigra wrote: »

I think I'd also be fuming to be honest. And I'd call the HR dept up and ask them
a - why and
b - how they can make reparation before I see a solicitor about it.

Are you Eskimo in disguise? :D

Sambucus_Nigra

SarEl wrote: »

I think you are failing to understand what I am saying.

No - I completely understand what you are saying. But you are talking from the angle of being a lawyer. I am talking from the angle that if anyone said that about me I'd be furious and making a huge fuss.

I am not certain what would happen as it's never happened to me.

But there is no way I'd just say 'meh' and move on.

If you would then that's great. But I wouldn't.

This is an open forum, and the OP asked for opinions. Just because you have answered does not mean other people cannot answer and give their viewpoint. And that is mine.

And again, we don't know the exact situation so depending on whether that is ever made crystal clear might change my mind. I can only go on what the OP has expressed.