Disciplinary for gross misconduct.



  • I had given the telephone number to NSPCC to assist in a welfare check. Thank you for your input all.
    As far as I am aware the NSPCC (like the RSPCA) have absolutely no statutory powers, although they like to give the impression that they do. So although the fact that the data breach was to the NSPCC might be seen as mitigation, technically it isn't.

    To be honest, this all depends on the firm's policy / view. Some companies would treat this as very serious indeed whilst others may be sympathetic or laid back about it. 

    In our place of work, we can't give info to the police without a Data Release Form, even if they come into the building in uniform with badges etc

    If an organisation needs access to data a company holds (and has a legal right to it) then they should follow proper procedure and if necessary get a warrant or a court order if either are legally justified.
  • YBR said:
    Have you been given any training/guidance about what to do when GDPR bumps up against Safeguarding situations?
    So often Safeguarding trumps everything else that it is very hard to say no. None the less you should have escalated.
    I think there is a mitigation worth mentioning here.

    OP, All the best in this situation.
    But the NSPCC do not, as far as I know, have statutory powers. If the situation warranted it they should have referred the matter to the proper authority (police or social services) to deal with.

    If they pressured the OP to break her company's rules (and possibly act illegally) are they going to ride to her defence? I rather doubt it!
  • LunaLater said:
    I didn't sell any data or anything like that. I used a work system to obtain someone's contact number, and I passed that information on to someone else (1 other person)... the non-emotional part might be difficult. I cried my eyes out in the investigation meeting as I actually love my job and really scared. 
    That’s going to be a dismissal then, as it’s right up at the top end of misuse of data.
    Given there was no financial gain for the OP, I think that "right up at the top end of misuse" is slightly overstating it.
    No, the fact is it was an intentional breach and intentional sharing of the information, not carelessness or a misunderstanding.
  • lincroft1710
    lincroft1710 Posts: 17,601 Forumite
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    edited 24 September 2023 at 3:18PM
    fatbelly said:
    I had given the telephone number to NSPCC to assist in a welfare check. Thank you for your input all.
    I remember a similar case where a CitizensAdvice worker did this and was dismissed. It went to tribunal as an unfair dismissal and the employee won iirc.

    If you can locate the case, or use a professional to do that, the tribunal's reasoning my be useful
    Unless the circumstances are exactly the same, it does not set a precedent. Even if it did, it is not unknown for tribunals to decide the previous decision should not be followed.
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