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  • FIRST POST
    • The Masked Avenger
    • By The Masked Avenger 15th Mar 19, 3:00 AM
    • 10Posts
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    The Masked Avenger
    Unfair dismissal
    • #1
    • 15th Mar 19, 3:00 AM
    Unfair dismissal 15th Mar 19 at 3:00 AM
    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?
Page 1
    • Comms69
    • By Comms69 15th Mar 19, 5:40 AM
    • 8,041 Posts
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    Comms69
    • #2
    • 15th Mar 19, 5:40 AM
    • #2
    • 15th Mar 19, 5:40 AM
    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?
    Originally posted by The Masked Avenger
    Yes several:

    What’s the actual question?
    • The Masked Avenger
    • By The Masked Avenger 15th Mar 19, 6:44 AM
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    The Masked Avenger
    • #3
    • 15th Mar 19, 6:44 AM
    • #3
    • 15th Mar 19, 6:44 AM
    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
    • By The Masked Avenger 15th Mar 19, 6:58 AM
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    The Masked Avenger
    • #4
    • 15th Mar 19, 6:58 AM
    • #4
    • 15th Mar 19, 6:58 AM
    But she has "resigned" on an entirely different matter.
    • Comms69
    • By Comms69 15th Mar 19, 7:33 AM
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    Comms69
    • #5
    • 15th Mar 19, 7:33 AM
    • #5
    • 15th Mar 19, 7:33 AM
    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.
    Originally posted by The Masked Avenger
    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.

    But she has "resigned" on an entirely different matter.
    Originally posted by The Masked Avenger


    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
    • By The Masked Avenger 15th Mar 19, 7:55 AM
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    The Masked Avenger
    • #6
    • 15th Mar 19, 7:55 AM
    • #6
    • 15th Mar 19, 7:55 AM
    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
    • By Comms69 15th Mar 19, 8:07 AM
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    Comms69
    • #7
    • 15th Mar 19, 8:07 AM
    • #7
    • 15th Mar 19, 8:07 AM
    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.
    Originally posted by The Masked Avenger


    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
    • By The Masked Avenger 15th Mar 19, 8:28 AM
    • 10 Posts
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    The Masked Avenger
    • #8
    • 15th Mar 19, 8:28 AM
    • #8
    • 15th Mar 19, 8:28 AM
    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
    • By The Masked Avenger 15th Mar 19, 8:29 AM
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    The Masked Avenger
    • #9
    • 15th Mar 19, 8:29 AM
    • #9
    • 15th Mar 19, 8:29 AM
    Can you join a union even if your employer doesn't recognise one?
    • Comms69
    • By Comms69 15th Mar 19, 8:49 AM
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    Comms69
    Can you join a union even if your employer doesn't recognise one?
    Originally posted by The Masked Avenger


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


    Would be pretty useless if an employer could 'bar' you
    • Andy L
    • By Andy L 15th Mar 19, 10:14 AM
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    Andy L
    Can you join a union even if your employer doesn't recognise one?
    Originally posted by The Masked Avenger
    Yes. However they generally won't help with an issue that occurred before joining
    • The Masked Avenger
    • By The Masked Avenger 15th Mar 19, 10:39 AM
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    The Masked Avenger
    Useful to know for future but as you say not any help with this incident. For some reason I always thought you could only join a union if your employer officially recognised one.
    • Comms69
    • By Comms69 15th Mar 19, 10:40 AM
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    Comms69
    Useful to know for future but as you say not any help with this incident. For some reason I always thought you could only join a union if your employer officially recognised one.
    Originally posted by The Masked Avenger


    No idea why you'd think this. They'd be pretty useless wouldn't they?
    • The Masked Avenger
    • By The Masked Avenger 15th Mar 19, 12:30 PM
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    The Masked Avenger
    Yes that's why it never occurred to me to join one. I thought they were for railway workers, shop workers etc. But not office workers in private firms
    • Comms69
    • By Comms69 15th Mar 19, 12:42 PM
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    Comms69
    Yes that's why it never occurred to me to join one. I thought they were for railway workers, shop workers etc. But not office workers in private firms
    Originally posted by The Masked Avenger
    Anyone and everyone


    There's the big ones - unison, unite, etc.


    but also specialist ones for specific sectors / professions
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