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GDPR Breach - Grievance Procedure

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  • GDPR Breach - Grievance Procedure

    Hi

    I would like to know if a grievance procedure meeting is held, and it is recorded and the employee is told by the employer's representative two times in the meeting that they will provide a transcript of the meeting to the employee for review and signoff.

    The the employer ends up not providing it to the employee yet provides the transcript to an external mediator and the transcript is used by the external mediator to question the employee without the employee having sighted the transcript and then secondly, the transcriber has made errors and put in the transcript things the employee did not say and this can be verified by the recording, has the employer breached the employee's GDPR rights in that:

    1) they did not provide the transcript to the employee to sign off on and/or make aware that they would be providing it to an external mediator?

    2) the employer provided the transcript which was inaccurate to an external mediator without the acknowledgement of the employee?

    In terms of the ICO's Employment Code of Practice could this also be seen as gathering information for deceptive purposes?

    Also could this be a breach of the employment contract if there is mention of a grievance procedure company process and policy?

    Thanks
    Last edited by DMal2435; 30th December 2021, 00:22:AM.
    Tags: None

  • #2
    Where specifically do you think an GDPR breach has occured because none of the above appears to be a breach.

    As for the employment contract, can you quote the clause you are refering to?

    Comment


    • #3
      If the employer said that they would provide a transcript / notes, then they should have done so.
      The employer should have asked you to sign off on the transcript / notes to say that you agree
      that is what was said during the meeting.

      Also they should have sought your consent before passing the transcript / notes to a third party.
      It basically means that the grievance meeting that was held was 'pointless', if the transcript / notes
      doesn't reflect what was said in the meeting.

      You should of had someone take notes on your behalf.

      Comment

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