Unfair dismissal

The_Masked_Avenger

I've been accused of deliberately breaching data protection/GDPR rules by sending name and address details to an unauthorised person but no sensitive information. The person concerned was acting with the full knowledge and authority of the senior manager running the activity and that manager had run the activity for over 20 years with no argument ever recorded. He was also her husband and trusted in this role. The initial information was sent to the manager directly via her work email address and was forwarded to him by her. He then contacted me to ask for the format to be changed slightly and because I replied directly this is where the allegations have been made. I should add I have a 22 year unblemished record.

Any thoughts?

Comms69

The_Masked_Avenger wrote: »

I've been accused of deliberately breaching data protection/GDPR rules by sending name and address details to an unauthorised person but no sensitive information. The person concerned was acting with the full knowledge and authority of the senior manager running the activity and that manager had run the activity for over 20 years with no argument ever recorded. He was also her husband and trusted in this role. The initial information was sent to the manager directly via her work email address and was forwarded to him by her. He then contacted me to ask for the format to be changed slightly and because I replied directly this is where the allegations have been made. I should add I have a 22 year unblemished record.

Any thoughts?

Yes several:

What’s the actual question?

The_Masked_Avenger

Ah sorry - does this merit gross misconduct and dismissal basically. The other issue is the manager who could prove everything was done with her knowledge and authority has been forced out too.

The_Masked_Avenger

But she has "resigned" on an entirely different matter.

Comms69

The_Masked_Avenger wrote: »

Ah sorry - does this merit gross misconduct and dismissal basically. The other issue is the manager who could prove everything was done with her knowledge and authority has been forced out too.

There's more to it than you've written - even if that's just understanding the nature of the business and the background to this 20 year arrangement.


The short answer is no, this is not gross misconduct. However that doesn't mean it wont lead to dismissal. Are you in a union? if not, why not?


Irrelevant what happened to her.

The_Masked_Avenger wrote: »

But she has "resigned" on an entirely different matter.

Do you want to stay?


If you do, it may be better to accept the mistake and hope you get a warning.


If you want to go, then it may be better to simply offer to resign in exchange for a neutral reference.

The_Masked_Avenger

Yes much more to it but need to be careful what I say doesn't breach confidentiality and damage my case.
Not covered by a union unfortunately but I do have legal cover on my home insurance which I'm waiting to hear from.

Comms69

The_Masked_Avenger wrote: »

Yes much more to it but need to be careful what I say doesn't breach confidentiality and damage my case.
Not covered by a union unfortunately but I do have legal cover on my home insurance which I'm waiting to hear from.

The problem is a union would help you keep your job and support you in any disciplinary - consider joining one for the future.


In any case it's very difficult to say without context on what they might decide. I assume at the minute you're suspended?

The_Masked_Avenger

Yes since end of Jan. No longer want to go back anyway as I don't trust them anymore and suspect they would try to make life impossible if I went back.

The_Masked_Avenger

Can you join a union even if your employer doesn't recognise one?

Comms69

The_Masked_Avenger wrote: »

Can you join a union even if your employer doesn't recognise one?

Ofcourse. - that's the whole point of unions.


Would be pretty useless if an employer could 'bar' you

Andy_L

The_Masked_Avenger wrote: »

Can you join a union even if your employer doesn't recognise one?

Yes. However they generally won't help with an issue that occurred before joining