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Confidentiality during disciplinary interview

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  • Confidentiality during disciplinary interview

    Hello, I hope everyone is well. I hope someone can offer an opinion or advice on the following.

    I was subject to an (unfair) disciplinary investigation which lead to an abandoned hearing. During the investigation, the investigating officer gave me a list of alleged incidents and asked me to respond to them which I did in writing.

    The investigating officer then sent my responses, in full, to another witness who was hostile to me to comment on. This witness was the manager of my manager and she has since left.

    My question is, was the investigating officer wrong in doing this? I believe that he should have kept all information confidential and where he had need to investigate further, he should have put questions to the other witness based on my responses rather than send the whole lot to her.

    I've asked ACAS who have referred me to their code, but I can't find an answer in there. Our own disciplinary procedure does not mention anything that covers this besides not giving information to keep information confidential and not share to third parties outside the organisation.

    Any advice appreciated.
    Tags: None

  • #2
    Hi SKAYPGOTE

    Hopefully the following will answer your question , the ICO also can be contacted in a number of ways -

    https://ico.org.uk/media/for-organis...tices_code.pdf

    Comment


    • #3
      Information carried out as part of an investigatory meeting should remain confidential.

      However a level of some information needs to be provided to witnesses in order for them to be able to respond to questions presented by the person conducting the investigation.

      In my view the witness should have been provide with a series of questions that resulted from the responses you gave.

      ​​​​​​​All witnesses should be informed that any information they are given or that they provide should remain confidential.
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