Urgent Advice Needed! Suspension - Breach of confidentiality

B..

Hi all,

I work as an administrator within the care sector.

One day last week I was working in my office as normal. I went onto the unit to get a cup of tea and was told by a nurse that a member of staff had been suspended. I had absolutely no knowledge of this until the nurse told me.

We then (a group of 4) had a light hearted discussion about a previous incident (that I didn't know much about) which we all thought could be the reason for the member of staff getting suspended, and that was it.

The same nurse that told me about the suspension, then went and told my manager that I had been discussing the matter with others.

Next thing I know I have been suspended on grounds of 'serious breach of confidentiality'

I have the investigatory meeting on Friday afternoon this week and I have absolutely no idea what will happen.

I have no idea how I could have breached confidentiality as I knew nothing of it, until the nurse told me about it. Also they only found out because the person that had been suspended, went and told everyone on the unit.

As far as I am aware, even though there were four of us discussing it, only I have been suspended. My manager told the nurse (who got me suspended) to have an informal chat with the rest of the staff, and that's it.

Has anyone got any advice? Where do I stand legally? and knowing what my manager is like, I know she will do her best to try and make it stick. If she does and goes ahead and gives me a disciplinary, can I take her to a tribunal?

Another thing to mention is that I applied for a job a few weeks ago before any of this happened. I've had the second interview today and find out by 1pm if I've got the job or not, which I'm pretty confident I have.

I am only required to give 1 weeks notice to my current employer and was asked in my second interview if I could start a week on monday, which I said yes to.

Will my employer be able to give me a bad reference, or include the fact I was suspended? Even though I have done nothing wrong?

I'm really worried now! as I really want this job, it's about a 5 min walk from my house and is an extra £250 a month!

I have called ACAS and the information they gave me was extremely vague, so I'm still non the wiser.

Thanks all.
B

KiKi

B.. wrote: »

Hi all,

I work as an administrator within the care sector.

How long have you worked in this company?

Has anyone got any advice? Where do I stand legally? and knowing what my manager is like, I know she will do her best to try and make it stick. If she does and goes ahead and gives me a disciplinary, can I take her to a tribunal?

Don't jump ahead yet - you don't want to go to tribunal unless you absolutely have to. And you can't go to a tribunal purely on the basis that you disagree with a disciplinary decision. Without knowing all the details it's difficult to determine...but the nurse was told to inform people which she did. You and others were then heard discussing a previous incident which may well have been confidential, so I can see why the manager is taking action. Suspending someone pending action is a neutral action to protect you and the company until an investigation and disciplinary has been carried out. The outcome may be nothing.

Wait to see what happens first.

Will my employer be able to give me a bad reference, or include the fact I was suspended? Even though I have done nothing wrong?

They can give a truthful reference, so yes, they could say you are currently suspended or similar. Whether or not you have done anything wrong is another matter - but that doesn't negate your suspension. You might not feel you've done anything wrong, but obviously your manager feels differently.

I think you need to wait and see what happens. If you get this new job (fingers crossed) then you may be able to negotiate a good or neutral reference with your manager if she's that happy to see you go.

KiKi

joolsybools

Sorry not much advice I can give, but what is your company policy on confidentiality? Are you allowed to take anyone to the investigation meeting with you tomorrow?

B..

I have worked there 17 months.

Perhaps I could have worded parts of my post better.

I'll do a quick break down to try and make it clearer:

• Nurse comes into my office and says 'X has just been been suspended' (I knew nothing until now)
• I then went onto the unit to make a cup of tea and was told that 'X had been onto unit' and told members of staff 'I've been suspended'
• All members of staff then discuss what could have been the reason, then member of staff brings up previous argument that X and manager had
• we all then agree it could possibly be because of that, then move onto something else
• Nurse then goes to manager and says I've been discussing it
• I get suspended the next day for breach of confidentiality
• Manager then asks Nurse to go 'have a word' with the other members off staff that were involved. No action taken against them.

I can't see how I've breached confidentiality because no-one was formally informed of the suspension to 'X' and no one was instructed to inform staff either - he decided to tell everyone himself. The argument which I mentioned was overheard by everyone on my day off.

I'm not allowed anyone to accompany me in the investigatory meeting tomorrow. I can't get a copy of the policy until I'm back at work so unsure.

KiKi

Well at least you have protection against unfair dismissal, then.

All you can do is put across your side of the story at this point, as they're only investigating, it's not a disciplinary meeting. Tell them what happened, apologise, explain you didn't realise it was confidential because the nurse AND the person concerned had told you.

Explain that all of you were discussing it - it seems the nurse only heard you, maybe you said something specific that raised her concerns?

Either way, all you can do is tell the truth and apologise if you have made a mistake. Come back and let us know what happens - and yes, get a hold of the confidentiality policy (is there one? is there anything in your contract?).

KiKi

B..

Thanks KiKi.

I'm just really worried about the fact that I've found the perfect job and now I may be at jeopardy of losing it if I get offered it. For something so minor.

emsywoo123

B.. wrote: »

Thanks KiKi.

I'm just really worried about the fact that I've found the perfect job and now I may be at jeopardy of losing it if I get offered it. For something so minor.

Have you heard about the new job yet OP?

B..

Literally got the call 1 min ago and have got the job!

only problem is they've requested the references today so they'll get them tomorrow, the same time as my meeting....

Hmm71

I'm sorry I can't give you any advice about the disciplinary meeting but just wanted to say congrats on getting the new job, you must be very relieved. Sounds like you may well be better off out of your current place.
Hopefully someone like LazyDaisy or Uncertain will pick up this thread and can give you some really helpful advice, though that's not to say that Kiki didn't!

Acc72

B.. wrote: »

The same nurse that told me about the suspension, then went and told my manager that I had been discussing the matter with others.

I don't understand - the nurse discussed the matter with you and then reported you for discussing it ?

Also, why are none of the others under investigation ?


Ok, congratulations on your new job.

Under the circumstances I would go to the meeting and calmly explain what happened, being very polite and apologetic if you need to be (even if you dont want to be).

Then see what they say - they may say that is fine, don't do it again. At that point you can then resign and request a reference (which would not mention this issue as it did not progeress to a disciplinary).

If they do want to pursue this to a disciplinary then you are in a position where you want to leave and they are probably in a position where they want you to leave and not have the hassle of going through the procedures etc.

If this happens then either speaking to the union or an "off the record" chat with a manager could be in order to explain that it would be easier all round if you left, and that you want a full clean reference ?

B..

100% correct - that's exactly what's happened. I don't understand it either.

My feeling is that I've been singled out because she doesn't like me talking to other members of staff and residents of the home, as I get on well with them and she doesn't. In my opinion she's trying to teach me a lesson

I'll take it as it comes and see what happens in the meeting tomorrow. I'm just now worried that she will receive the reference request first thing tomorrow which may change her plan of action. I.E instead of letting me off, progress it now she knows I'm trying to leave.