Employment advice

Recently I was called into a meeting by my employer to be told that I had been subject of an internal investigation following a complaint received from outside the company. It turns out that an employee of a local council had called to complain about me, saying that I was involved in a particular criminal activity (computer hacking of their systems), this leading to my company investigating me. Whilst they found nothing themself (which they wouldn't) they said that no action would be taken unless any charges, or an arrest was made. Obviously this draws a question over my integrity with my employer. Seemingly the only reason I was not suspended immediately was due to the fact that I do not have access to customer account systems.
I know that I am not guilty of any of this and contacted the police to offer my help, who knew nothing. I am politically involved, and requested a meeting with some of the local councillors to discuss a potential security issue with their computer systems and customer data - given what I had been told. They got back to me to confirm that there had been no breach, and no hacking had taken place at all. The assumption is that this was a malicious response to a complaint made regarding a breach of DPA made about this employee last year.
I then made a dpa request to my employer for a copy of my personnel records relating to this information, and have all details relating to this complaint, and the allegations made, which they duly supplied.
Is there anything that would prevent me now using this as evidence in a complaint to clear my name? Technically this is defamation - actually, as the person was aware the allegation was untrue it could be classed as 'criminal defamation', though I ideally am after an unreserved apology for me and my employer only at this point.

Thanks

Comments

  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    freddie0 wrote: »
    Recently I was called into a meeting by my employer to be told that I had been subject of an internal investigation following a complaint received from outside the company. It turns out that an employee of a local council had called to complain about me, saying that I was involved in a particular criminal activity (computer hacking of their systems), this leading to my company investigating me. Whilst they found nothing themself (which they wouldn't) they said that no action would be taken unless any charges, or an arrest was made. Obviously this draws a question over my integrity with my employer. Seemingly the only reason I was not suspended immediately was due to the fact that I do not have access to customer account systems.
    I know that I am not guilty of any of this and contacted the police to offer my help, who knew nothing. I am politically involved, and requested a meeting with some of the local councillors to discuss a potential security issue with their computer systems and customer data - given what I had been told. They got back to me to confirm that there had been no breach, and no hacking had taken place at all. The assumption is that this was a malicious response to a complaint made regarding a breach of DPA made about this employee last year.
    I then made a dpa request to my employer for a copy of my personnel records relating to this information, and have all details relating to this complaint, and the allegations made, which they duly supplied.
    Is there anything that would prevent me now using this as evidence in a complaint to clear my name? Technically this is defamation - actually, as the person was aware the allegation was untrue it could be classed as 'criminal defamation', though I ideally am after an unreserved apology for me and my employer only at this point.

    Thanks

    HI

    The question you have asked is more of a data protection issue - we would suggest that you check this with the
    Information Commissioner's office
    Helpline: 0303 123 1113 (Mon-Fri 9.00am-5.00pm)
    Website: www.ico.gov.uk

    In terms of the alleged defamatory statement made we can understand your desire to clear your name. Defamation is where a false statement made by one person about another discredits that person's character, reputation or credit worthiness. If a defamatory statement is spoken the defamation is slander. If it is written, it is libel.

    Seeking an apology is an option not least because legal proceedings in respect of defamation of character are costly since legal aid is not normally available for these sorts of cases.

    However is also worth noting that you should avoid doing anything to draw further unwanted attention to what has happened.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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