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.

 

Oh and 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?

 

I feel that my manager has done this to make an example out of me to warn other members of staff, except she has gone the wrong way about it and hasn't given it much thought.

 

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

 

Thanks for reading

[i hate bailiffs]

remember suspension among other things is to To allow proper investigation

Are you a member of a union?

 

When you have your investigation meting you can have someone with you that could be a friend ,work colleague

but from what you say a work colleague may not be the best option

 

 

You may have grounds for tribunal but you need to let it go through the motions

Keep the upper hand stay calm through it and keep the upper hand:-)

 

Others will be along that can advise you better but have been there in the past

good luck

[B..]

Thank you for your reply!

 

Unfortunately I'm not a member of a Union. I did call a couple on the day I got suspended but they said there wasn't a lot they could do as it was too short notice.

 

My manager has said I can't have anyone accompany me in the investigatory meeting, but if it goes to the disciplinary stage I can.

 

EDIT - As I posted this late last night, I was extremely exhausted and completely forgot to add something pretty important!! I applied for a job a few weeks ago before any of this happened and I have had my second interview today. I'm pretty certain I will get offered the job, and my current employment only requires me to give a weeks notice. Will my employer be able to give me a bad reference, even though I've done nothing wrong?

Edited February 7, 2013 by B..

[PenaltiesGalore]

Hello B,

 

Have you been suspended? If not, have a look at the disciplinary policies on your intranet, if you have been suspended, contact HR and ask them to email the policies to you. When I have dealt with investigations, you are allowed to take a rep or a work colleague in with you. Some 'managers' don't know half of their own policies and procedures!!

As for short notice, you are legally allowed to ask for an adjournment so you can seek advice. You have to be given notice for the meeting, they can't just call it when they want. Have a look at the policies and this will set out the notice period that you should be given.

 

As you are the only one who is going through this as far as you know, I would just go in and say what has happened, just because others were involved does not make a wrong a right, not saying you were wrong but just deal with your meeting for now. You obviously will have to state that you did not instigate the conversation.

 

Can you try and contact a rep and ask them that you want to join but when can they be available to represent you. You might not be able to get proper legal advice through the union as you have to be a member for a specific time before you become entitled but they should not refuse to give you advice.

 

Good luck

Edited February 7, 2013 by PenaltiesGalore

[renegadeimp]

The manager is correct sadly. There is no automatic right for you to have someone to accompany you into an investigation meeting. However, if you are nervous or are feeling victimised, then you can get someone totally unrelated to the incident to come and make sure everything is done by the book. As an ex union rep, i can tell you for a fact that in a lot of investigations where an employer tries to refuse a witness to attend with a person, that the investigation is usually very biased and a lot of the time, the accused is pretty much ignored.

 

What the OP needs to do, is write down everything that occured and make sure that the nurse that started this off is named and shamed. If the employer has any sense, then the nurse would be disciplined, and the OP issued with a warning. Yes, the OP did techniaclly breach confidentiality as did the other members of the group, but they had no knowledge that it was confidential. The nurse however did know and told the OP about the disciplinary and then decided to make him/herself look good and went to telltale on the OP.

 

I have seen this a LOT over the years, but to get it sorted, the OP needs to have solid facts and get everything straight. Good employers will use different investigation tactics to try and trip accused parties up in regards to seeing if their view of events stays the same, or changes.

 

The main thing in my opinion though, is the OP needs get his/her story straight, and not hesitate to name the others involved, as it seems they have been singled out.

[Surfer01]

I am fairly sure that you have the right to have someone accompany you into a meeting relating to discipline or a grievance otherwise what si the point in being a union member.

[renegadeimp]

There is no automatic right to representation in an investigation meeting. Only in disciplinary or subsequent. However, representation can be sought for an investigation, if the accused is identified as "vulnerable".

 

For an investigatory meeting, a union rep can offer to help the accused by going over the evidence supplied by the accused party and giving them advice, but again, there is no right for them to sit in and observe unless the accused is "vulnerable".

[stu007]

Hi

 

I have to second renegadeimp that their is no automatic right to representation at the investigation stage only at disciplinary.

 

Now the but if the companies own policy and procedure for investigation stage states you are entitled to representation then you can but you would need to see a copy of this to clarify it.

[Emmzzi]

Looking at another forum OP has a new job offer so this may be moot....