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Employer Breach of Trust

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  • Employer Breach of Trust

    Hi, would appreciate some advice on a breach of trust issue with my wife’s employer.

    My wife and I have recently adopted a child. My wife is now on Maternity/adoption leave from her full time position with a local company. Her HR department were obviously fully aware during the process of the adoption and my wife made it clear that she wanted it kept confidential obviously for our own privacy and the safety of the adopted child.


    My wife became aware from colleagues at her employer that her job had been advertised on the company network and mentioned that it was a 12 month contract to cover adoption leave in the job advertisement. So obviously now her whole company (approx. 200 employees) is now fully aware we have adopted as my wife was the only employee filling the advertised roll so it doesn’t take a genius to work out why she is off work.


    To add insult to injury the job is today advertised in the local paper so now the whole county is aware that the job is to cover adoption leave!
    My wife made it clear to her supervisor and HR that the fact we were adopting needed to be kept confidential so I would appreciate some advice on what course of action to take and what laws/guidelines my wife’s employer may have breached?
    Tags: None

  • #2
    Re: Employer Breach of Trust

    To be honest, people would find out anyway, its not like you'd be able to hide the fact you have adopted a child from people (without wrapping the child in blankets and keeping him/her in the cupboard 24/7), especially work mates and neighbors even.

    Plus they are perfectly entitled to advertise the job, but not only that the description of the job has to be accurate i.e. 12 months contract to cover adoption leave. The employer never referred to your wife directly by name or indirectly either in said advert.

    Also your adoption is a matter of public record anyway, so its hardly a confidential matter.

    I appreciate and understand your wanting to protect your family and your child. But am sorry to say, you have no case here at all
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Employer Breach of Trust

      Ahh ok , thanks for the help.

      Comment


      • #4
        Re: Employer Breach of Trust

        Am sorry it wasn't what you wanted to hear as i perfectly understand why you would want it to be confidential, but unfortunately the employer hasn't done anything wrong, and theirs no point in giving you hope when there is none. Plus its better you know that now then waste time and money going down the legal route when any such claim would be thrown out for being without merit to be perfectly honest with you.

        If the employer had directly named or referred to your wife, then that would have been a different story. So unless they specifically told a colleague of your wife at work, there is no breach of confidentiality!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: Employer Breach of Trust

          Im sure the adopted child is more important than a few words spoken or in a job ad

          Comment

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