Breach of confidence

[charitynjw]

Re: Breach of confidence

It all depends on what your contract and terms of employment say on the subject. Employers can set their own rules. In the end, it's all at their discretion. They may well turn a blind eye to something that would clearly be a sackable offence for years if they are otherwise happy with you and your work, once they decide they want to get rid of you, they'll go hunting around for a reason. :sad:

See post #5

[MissFM]

Re: Breach of confidence

See post #5

Maybe you could summarise and translate into simple language and say what it means for us chickens please Charity x?

[FlamingParrot]

Re: Breach of confidence

Am I reading this correctly,whilst off sick the OP was part of a company set up with some friends?
were they using NHS equipment in NHS time to work or communicate with/for this company?

It would have been up to the others to respond or not to the OP's emails on NHS time and/or equipment, as for the OP, he/she couldn't have been using NHS equipment or NHS time if they were at home, and it's the OP who seems to be in trouble, not their friends.

[wales01man]

Re: Breach of confidence

They could have taken a laptop home? I think more info from OP is needed so those who can advise do so

[charitynjw]

Re: Breach of confidence

Maybe you could summarise and translate into simple language and say what it means for us chickens please Charity x?

Hi Gizler, & welcome to Legal Beagles.

Wow!

In my honest opinion.
First & foremost, this has got to be an Article 8 issue.
http://en.wikipedia.org/wiki/Article...n_Human_Rights
http://www.equalityhumanrights.com/
The right to a private life.

Secondly, serious misuse of IT equipment usually concerns accessing pornograhy, etc.
There should be a written policy - what does that say?
'What it says on the can'

Fraudulent claim? - what proof do they have which counters your GP's & OH's evidence?
SAR them, or CPR 31 https://www.justice.gov.uk/pre-trash...ld/_old/part31
Get all their documented evidence to see what's being said behind the scenes.

Also, could you expand on
"I found out from the Information commissioners office that a criminal investigation was under way due to the council alleging that while I was on sick leave I was working on my business. I put this to my employer and they then gave me a hearing date for the disciplinary. This is alarming; I'd certainly want to know what the heck was going on!"

chaz

[MissFM]

Re: Breach of confidence

chaz

Thank you, Nobby - obvious when you know how x

[charitynjw]

Re: Breach of confidence

Thank you, Nobby - obvious when you know how x

Thanks, I'm trying.

(Very trying! - signed, Nobby's OH)

[Gizler]

Re: Breach of confidence

Wow thanks for the replies.
The evidence that was presented were emails that I sent from my personal laptop, phone email to my friends at their council jobs. I know it was stupid to say the least but we honestly didn't think that we were doing anything wrong. When it seemed that the business was going to kick off we all had every intention of declaring potential conflicts of interest.
The problems arose due to the council finding out about the business before my friends could declare anything. It was during the councils internal investigations into my friends that the emails came to light and this was the evidence that was given to the NHS.

It also came to light that the council had contacted 3rd parties about me and our perspective business, with one of those 3rd parties being another council who were interested in working with us. They said that they couldn't now work with us as they had been informed that there was an investigation taking place.

I did send a SAR to the council which they refused due to the 'investigation'. I complained to the ICO who under the FOI act forwarded the letter from the council justifying why they were exempt. This letter said that I was alleged to have committed fraud.

It was at the disciplinary hearing that I was told that the counter fraud investigators found no evidence of criminality and that was why it was decided that it would become an internal investigation, but they are still calling it fraud and would have sought to have the monies paid back but wish to demote me instead.

The IT policy that they used allows personal use, and says nothing about personal business. They say that because I emailed my friends at their work and we talked about our personal business, I was encouraging them to misuse the system.

There are no clauses in my contract about working elsewhere or declaring a conflict of interest.

[Gizler]

Re: Breach of confidence

[QUOTE=charitynjw;363700]Hi Gizler, & welcome to Legal Beagles.



Fraudulent claim? - what proof do they have which counters your GP's & OH's evidence?
SAR them, or CPR 31 https://www.justice.gov.uk/pre-trash...ld/_old/part31

They told me that due to data protection I cannot see the Counter fraud report, I guess that they are being misleading here then??

[Gizler]

Re: Breach of confidence

Hi again.
I've been looking through the paperwork and considering whether to appeal or not. Even though they say that they are satisfied that I am guilty on all grounds and the allegations were upheld, they have not told me what the actual evidence is or the particular points in the relative contracts that I've particularly breached. Also this statement, "The panel however, did consider that there remains sufficient trust and confidence in you to re-engage you in a lower banded post, with reduced responsibilities," however the lower banded post is still senior???

I know that some people might think that I should just accept and get on with it but, surely either I've broken the contract or not. Your thoughts would be much appreciated.