Suspended Pending Investigation Gross Misconduct

[Notacop]

Hi All,

I work in a call centre and have been suspended today for multiple counts of gross misconduct.

I have a couple of questions about how likely (or unlikely more probably) it is I can keep my job.

They allege that I have broken data protection on 4 occasions that centre around basic administration of customer information.

So each customer account is protected by a password, I take the calls, take the password then help them. Company policy is that you can only give the reminder to the account holder.

First instance I took a call from AH husband, he confirmed his wife's name and could not tell me the password, he stated he would pass me to his wife, I then gave her the reminder and she gave me the password. The problem is when he passed the phone over I didn't reconfirm her name after the husband had told me it. So breached DPA.

Second instance I cleared the customer through the required security questions after she initially failed to give me the password and forgot to change the password reminder on the account from the generic one it was set too. Again they say that this breaches the DPA.

Third instance the password was the customers surname. They say that I should have prompted her to change it. And that this is a breach of DPA.

And final occasion is that I did in fact give the reminder to someone who was not the account holder, her husband. Who then gave correct password.

I was wondering if any of the above are actual breaches of the data protection act or just that the company deems it so in line with their policies.

Also does this automatically amount to grounds for summary dismissal without pay in lieu of notice. My contract does not specifically mention data protection but does mention that they should give me one months notice.

What factors decide whether this is misconduct or gross misconduct?

The company allege that the training materials they provide explicitly set out there policy on data protection. I know they don't. Is there any way I can get this training information.

I am not a member of any union is it even worth getting one of my colleagues to sit in the meeting?

I have been working there for just over 12 months so they could just sack me anyway under the new system. I take around 100 calls per day and the above (bar the last one) could have happened to anyone of my colleagues.

Another thing to add is that the company thought they hired me on a 12 months contract. They wrote to confirm this 6 months in but they had actually offered me a permanent contract, this was made clear both verbally by the interviewer and the contract they issued so i disputed it. They then said that they would honour the contract. But just past the 12 month mark the quality department has taken the time to go through what I expect would be quite a substantial amount of my calls. Feel like I have been had!

Any advice would be greatly appreciated.

Much love,

Notacop

[stevemLS]

Re: Suspended Pending Investigation Gross Misconduct

Whilst not directly contrary to any specific provision of the DPA, I would say that this could be interpreted as a breach of the data protection principles contained in Schedule 1 of the Act and specifically the 7th principle. http://www.legislation.gov.uk/ukpga/1998/29/schedule/1

If this was a case I was hearing, I wouldn't regard it as gross misconduct, rather as misconduct, I would probably give you a written warning and require you to attend refresher training on information governance.

That is what I would do based on the facts you have given, it might be different had you been spoken to about data protection issues in the past and I am afraid I am not saying that a tribunal would find it unreasonable if you were to be dismissed which is somewhat academic anyway given that you do not have the required service to bring a claim for unlawful dismissal, as you recognise.

As to the training policy, if they are relying on it then yes, you have a right to have sight of a copy of it.

I would always say you should take someone to the hearing with you, it is an important protection for you to have someone there who can take a note of what is said.

Good luck.

[Notacop]

Re: Suspended Pending Investigation Gross Misconduct

Hi Steve,

Many thanks for your reply. I am still awaiting my invitation to the meeting but the company allege that each of the instances above is a case of gross misconduct. It was some comfort to know that as it stood above some leniency may have been shown.

The water is muddied slightly as I have done a refresher course on data protection within the month leading up to these offences. The reason I need print screens of the course is that i know it does not mention customers names as passwords or changing password reminders. My plan of attack is to try to whittle down the offences to just the last one where I gave the reminder to the wrong person. Although from memory on the call they stated it was their wife's account I am about 80% sure that when I opened the account up he was the named account holder. I need to see the account in question but I am unsure they will let me!

They have also insisted that I agree to keep the matter strictly confidential which I am finding a bit of a hindrance to gathering evidence for my arguments. I am also not allowed to speak to my line manager or any of my colleagues regarding the issue. The thing is that some of my colleagues are aware of the situation, so it seems as if this courtesy is only expected the one way. I have had messages on social media from friends and colleagues that paint the picture that it is common knowledge that I have been suspended for a breach of data protection. My line manager has told members of my team it appears.

In light of the above I have spoken to a former manager who was a friend of mine, recently left the company who advised that the managerial policy regarding data protection issue is a 3 strike dismissal policy i.e. if they can prove I breached it on 3 occasions summary dismissal would follow. This situation is quite common apparently which raises more questions for me.

How can I get my evidence if I am not allowed to contact the duty/line manager and in what way could the offences become more serious if I contact colleagues to discuss?

Is there anyway for me to prove the policy mentioned by the former manager, this is a huge company so they surely would have a discipline policy for management, would I be entitled to view this?

And finally one more point to add without going into sour grapes territory here. I am aware that the company has a policy which breaches the data protection act in quite a big way regarding SAR applications. The decision has been taken at director level to withold call recording information as part of any SAR request by our customers, only providing account notation despite being petitioned by customers regularly in instances of mis selling and the like. As we know this is customer data and is covered under a SAR. The company keeps a huge archive of calls on their in house system and even uses this to chastise employees whenever we have a bad customer satisfaction survey. It is easily accessible and stored in mp3 format. Would knowing this information and passing it on to the information commissioner be an act of whistle blowing? Would this offer me any protection if I can prove I brought this up previously? Am I like to get thrown out of the door with a summary dismissal for even bringing this to the attention of my accusers in the meeting? They may think I am trying to blackmail them. Which I definitely am not!

Thanks again for taking an interest in my plight and wishing me luck. I suspect I will need it!

[stevemLS]

Re: Suspended Pending Investigation Gross Misconduct

Hi Steve,

Many thanks for your reply. I am still awaiting my invitation to the meeting but the company allege that each of the instances above is a case of gross misconduct. It was some comfort to know that as it stood above some leniency may have been shown.

The water is muddied slightly as I have done a refresher course on data protection within the month leading up to these offences. The reason I need print screens of the course is that i know it does not mention customers names as passwords or changing password reminders. My plan of attack is to try to whittle down the offences to just the last one where I gave the reminder to the wrong person. Although from memory on the call they stated it was their wife's account I am about 80% sure that when I opened the account up he was the named account holder. I need to see the account in question but I am unsure they will let me!

This is unfortunate timing and doesn't assist your case. If you need to access the account in order to prepare for the investigation/hearing, they should give you reasonable access, probably supervised. They should probably let you have access to the call recordings as well, although that may not assist as, no doubt, they will be relying on them to prove the case.

They have also insisted that I agree to keep the matter strictly confidential which I am finding a bit of a hindrance to gathering evidence for my arguments. I am also not allowed to speak to my line manager or any of my colleagues regarding the issue. The thing is that some of my colleagues are aware of the situation, so it seems as if this courtesy is only expected the one way. I have had messages on social media from friends and colleagues that paint the picture that it is common knowledge that I have been suspended for a breach of data protection. My line manager has told members of my team it appears.

This is very common. Again, if you need to access your manager or colleagues to prepare your case, that should be permitted. How would it help, though? Were they witness to the calls?

In light of the above I have spoken to a former manager who was a friend of mine, recently left the company who advised that the managerial policy regarding data protection issue is a 3 strike dismissal policy i.e. if they can prove I breached it on 3 occasions summary dismissal would follow. This situation is quite common apparently which raises more questions for me.

How can I get my evidence if I am not allowed to contact the duty/line manager and in what way could the offences become more serious if I contact colleagues to discuss?

Because you have contravened a reasonable instruction given during th course of the investigation. If you need to speak to specified individuals, put, in writing, to the investigating manager who you need to talk to and why and seek their agreement.

Is there anyway for me to prove the policy mentioned by the former manager, this is a huge company so they surely would have a discipline policy for management, would I be entitled to view this?

If you haven't already you need a copy of their disciplinary policy and any relevant data protection policies. It may be, however, that the 3 strikes thing is an "unwritten rule".

And finally one more point to add without going into sour grapes territory here. I am aware that the company has a policy which breaches the data protection act in quite a big way regarding SAR applications. The decision has been taken at director level to withold call recording information as part of any SAR request by our customers, only providing account notation despite being petitioned by customers regularly in instances of mis selling and the like. As we know this is customer data and is covered under a SAR. The company keeps a huge archive of calls on their in house system and even uses this to chastise employees whenever we have a bad customer satisfaction survey. It is easily accessible and stored in mp3 format. Would knowing this information and passing it on to the information commissioner be an act of whistle blowing? Would this offer me any protection if I can prove I brought this up previously? Am I like to get thrown out of the door with a summary dismissal for even bringing this to the attention of my accusers in the meeting? They may think I am trying to blackmail them. Which I definitely am not!

I am afraid that making allegations like this rarely ends well for the person that makes them. It is quite common for someone to attempt to use some wrongdoing elsewhere in the organisation - ask yourself, though, in what way does this mitigate your actions?

Thanks again for taking an interest in my plight and wishing me luck. I suspect I will need it!

Afraid this is not quite as positive as my first post - I would value [MENTION=70489]judgemental24[/MENTION] view of these facts (writing their name like that flags it up for their attention)

[Kati]

Re: Suspended Pending Investigation Gross Misconduct

[MENTION=26290]mariefab[/MENTION] might be able to offer advice too??

[Notacop]

Re: Suspended Pending Investigation Gross Misconduct

Thanks for your continued interest guys. I look forward to any input that the people you mentioned could provide. I think I should prepare for dismissal and start searching for a new job.

I would just resign but the investigatory meeting made it clear that should I resign the investigation would go ahead anyway. Is it proper for me to ask what would be on any reference the company provide in either circumstance? I would rather risk the dismissal for gross misconduct than get a reference which stated I resigned pending investigation, which I have read will be seen as a cop out and an admission of guilt. But if this could be avoided I think I'd snap their hand off.

I take on board what you say Steve about throwing accusations about and in retrospect I probably don't need to speak to my colleagues if I can get access to the information required. A bit gutted about not seeing my colleagues again but that is par for the course I guess.

Luckily this is not my main career but a stop gap, I am studying to become a teacher and that is about another 2 years away yet. Still I need to pay the rent. I think I will aim for temp jobs in the mean time. And start googling jobs after dismissal for gross misconduct.

Again thanks for taking an interest!

Notacop

[mariefab]

Re: Suspended Pending Investigation Gross Misconduct

As you are aware, they could dismiss you without giving any reason. So, the fact that they've gone to all this trouble makes the chances of your surviving there pretty slim.
The only other thing I can suggest is apologising for the errors and undertaking to do better in future if given the opportunity.
A good grovel (very) occasionally works in these kind of circumstances.

[stevemLS]

Re: Suspended Pending Investigation Gross Misconduct

I would just resign but the investigatory meeting made it clear that should I resign the investigation would go ahead anyway. Is it proper for me to ask what would be on any reference the company provide in either circumstance? I would rather risk the dismissal for gross misconduct than get a reference which stated I resigned pending investigation, which I have read will be seen as a cop out and an admission of guilt. But if this could be avoided I think I'd snap their hand off.

I think you are right to be cautious about resignation.

I do see a potential route in gauging the mood music and seeing whether they would accept a resignation with an agreed reference to save them the trouble of going through disciplinary proceedings.

mariefab is absolutely right in that a grovel can sometimes work.

Have you had any previous issues with them?

[Notacop]

Re: Suspended Pending Investigation Gross Misconduct

Hi,

Not had any previous issues with them but they are keen to get rid of people as I said they thought they hired me on a 12 month contract and this is day 1 of month 13 when this happened.

I spoke again to the manager that left and apparently they issue a fixed reference which says dates of employment and rehire yes/no.

So not too bad although I guess prospective employers will put 2 + 2 together for a company of this size if it was a no! He also said if the resignation is accepted it is an auto yes. So my best hope at this stage I think is to hope they let me resign. Been job hunting like crazy. 3 days into suspension and no contact as yet.

Thanks for the advice as always!

Notacop

[stevemLS]

Re: Suspended Pending Investigation Gross Misconduct

Well that is good news about the reference. I think that practice is so common now that there would not be any negative inferences with a bare facts reference.

What do you mean by an "auto yes"?

If I were you, I think I would be tempted to wait until I got the "invitation" to a disciplinary hearing so that you can assess the evidence that they have against you.

[Notacop]

Re: Suspended Pending Investigation Gross Misconduct

So if they accept the resignation then the box rehire would be marked yes.

I will wait to see the evidence then probably contact the hiring manager. I will get some advice when I get the letter.