EX Employer, rather strange request

[advicep]

Hi. I left a job over a year ago and stayed friendly with one of the managers. Anyways I bumped into a ex work collegue who was on sick leave one day in town (this was probably in the summer) and we chatted for not even 5 minutes, they explained they were on sick leave due to an incident that happened between themselves and their line manager, we then went on to chat about other things they did hand over a business card as while off they were deciding weather to go into some freelance work. I then mentioned that I was still in touch with a manager (not their line manager)- the worker then panicked and asked me not to say anything to this manager about the business card (which I didn't and still haven't) anyways about 3 weeks on I met my manager friend for lunch and we chatted (we are friends as I said so we chatted about our personal lives - nothing to do with work) I did say I bumped into the worker who was off sick , but in the past I have bumped into loads of ex collegues and would naturally say 'ohh I saw so and so the other day'. Anyways I have thought absolutely nothing of it until yesterday ( a couple months on) this worker who was off sick has handed in their notice and said they had bumped into a ex collegue and were told that a manager (my friend) had disclosed to this ex collegue why they were off sick. My friend rung me about this and said that HR and A senior manager 'will be speaking to me' about this. This seems extremely odd for a large company to call in a workers friend to find out what they discuss over lunch (these are not working lunches, these are unpaid meeting up organised in our own time), I also think is really strange they think that me and my friend would meet up to discuss another worker and their manager (I cant imagine how they think these people would fit into our conversation) Anyways I thought my friend was very happy in work, so all this just sounded strange to me but it turns out the company is making cuts and people are trying to discredit each other. So as a gesture of goodwill I said I would meet this manager (semi) informally to clarify the events ( that I bumped into a worker they said they were off, and yes I am friends with a manager but we don't discuss work). The ex employee is not persuing any legal action against the company so i'm not even obliged to go to this meeting Im only doing it because my friends job / integrity is at stake due to this letter. I am tempted not to go as this senior manager has a reputation for bullying and intimidation, but that also makes me want to go prepared to make this company understand that they are not above the law and that it is very questionable for a company to be asking their workers friends what they discuss in their private time - (also this company don't have strict relationship policies there are married couples working for the organisation) If I go to this meeting I feel I need to be prepared (I was going to ask that they write me a letter and that a member of HR is also present) I want to make it clear maybe in writing that I am going as a civilian on my own time, as I still work locally for a new company which supplies services to organisations across the area. I am wondering if they will try and paint me as some type of gossip and discredit me as a professional or after this one off meeting continue to ask or more information is this harassment and can I take legal action or go to the local paper, has anyone got any advice I could put in a letter. Sorry this is such a strange post but the whole situation feels like something from the school yard.

[charitynjw]

Re: EX EMployer, rather strange request

Hi advicep, & welcome to Legal Beagles.

Please correct me if I've misunderstood this; your manager friend may be in trouble because an ex-employee has resigned, citing an assumed reason that your manager friend has breached some kind of confidentiality by repeating hearsay. (ie, something which you may have told him about the ex-employee)?

[advicep]

Re: EX EMployer, rather strange request

Hi advicep, & welcome to Legal Beagles.

Please correct me if I've misunderstood this; your manager friend may be in trouble because an ex-employee has resigned, citing an assumed reason that your manager friend has breached some kind of confidentiality by repeating hearsay. (ie, something which you may have told him about the ex-employee)?

I think its that he handed in his notice and cited the incident he told me about when I bumped into him in town (his manager shouting at him in front of two other collegues ....... one of which I think now must have been my friend). I don't know in what context he has said this I think either he is saying my friend was a witness to it (proving this by saying she disclosed it to an ex collegue me??which she didn't) or he is has written it to outline his concerns about the way the company operates. My friend didn't say anything to me, I saw her a few weeks after I bumped into the ex collegue in town.
A senior manager now wants me in to ask what was discussed which is fine, I will do it though I don't think i'm legally obliged to, but then I feel that is all I need to do (as there is no legal battle) and realistically how credible is my word as a 'friend'.

[enquirer]

Re: EX EMployer, rather strange request

You would be well advised to refuse.

[charitynjw]

Re: EX EMployer, rather strange request

I agree with enquirer.

The ex-employee may be trying a Morrow v Safeway Stores repudiatory breach claim.

[teaboy2]

Re: EX Employer, rather strange request

DO NOT under any circumstances get involved with this - for one they have no right to disgust this matter relating to your friend or other employee with you (a third party), Doing so would likely be a breach of both your friend and other employees privacy by the employer (i.e both meetings occurred outside working times) but may also be a breach of data protection (discussing employment matters with you a third party) and even a breach of confidentiality rights of both your friend and other employee.

You could also be opening yourself up for libel or slander claims by talking to the employer, from either your friend or other employee - Simply inform your friend what the company has requested of you and advise him/her of your serious concerns regarding the employer potentially being in breach of your friends rights and that they are very likely to be in repudiatory breach of your friends employment contract by attempting to do so, though that depends of what the employer has so far disclosed to yourself. Or the ex-employee is possibly trying to go down that route (as pointed out by charity above).

End of the day, as you are not an employee of the company it is of no concern to you, and the employer has no right to make such a request or place you in such a situation. So advise the employer of such making it clear you will not be dragged in to this and they have no right to request a meeting with you to disgust 1 current and 1 now former employees conversations that they had with yourself outside of their working hours, nor do you confirm or deny the allegations.

I say you do not confirm or deny, as that way you are neither admitting what was said as alleged nor are you denying it and that way, neither side to this can accuse you of anything wrongful statements.