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Grievance and confidentiality

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  • Grievance and confidentiality

    Unusual situation of domestic abuse where the perpetrator is a colleague.

    My ex-partner was also my colleague. I was abused at home and at work. I reported the abuse to the police and raised the grievance which has now been concluded with majority of allegations substantiated. Police investigation is still ongoing.

    I was told by the Investigating Manager that I am bound by confidentiality regarding the information gathered in the grievance process. I can sort of understand why, but it does not seem right that I cannot talk about the abuse I experienced at home to anyone? Surely I can breach confidentiality where I believe that a crime has been committed?

    Any advice is much appreciated.
    Tags: None

  • #2
    Re: Grievance and confidentiality

    Originally posted by muriel View Post
    Unusual situation of domestic abuse where the perpetrator is a colleague.

    My ex-partner was also my colleague. I was abused at home and at work. I reported the abuse to the police and raised the grievance which has now been concluded with majority of allegations substantiated. Police investigation is still ongoing.

    I was told by the Investigating Manager that I am bound by confidentiality regarding the information gathered in the grievance process. I can sort of understand why, but it does not seem right that I cannot talk about the abuse I experienced at home to anyone? Surely I can breach confidentiality where I believe that a crime has been committed?

    Any advice is much appreciated.
    The abuse at work by your ex partner is a matter for work and any investigations. The abuse at home by your partner is not a matter for the employer but for the police. They're both separate things. Your manager can stop you from discussing information affecting work and your ex partner relating to matters of employ but nothing else. However, you could at your discretion choose to limit the people you want to tell, ie don't tell all and sundry. The employer may be concerned that his business could be harmed in some way. I do not think that the employer can bind you by any confidentiality agreement affecting any other matter than work, but the employer may try to use it if there is a confidentiality clause that you have signed. Have you signed any confidentiality clause? Even if you have I doubt any confidentiality agreement is legally enforceable. My question is who do you want to tell outside of work about your abusive partner?

    Comment


    • #3
      Re: Grievance and confidentiality

      I have not signed any confidentiality statements. The confidentiality agreement was verbal and it is included in the minutes.

      My ex-partner (X) is a valued and widely liked employee. I would like to be able to speak out that my ex abused me if someone mentions that they are sorry for my ex to leave (which is the outcome of the investigation), "because X is such a nice person". This does not mean that I will make a public announcement, but I would like to be able to say that X abused me and while X may be a good employee, X is also a serial abuser and had done this before.

      Am I right thinking that I should be able to say what my ex did to me outside of work, but not what X did to me when we worked together?

      Comment


      • #4
        Re: Grievance and confidentiality

        Originally posted by muriel View Post
        I have not signed any confidentiality statements. The confidentiality agreement was verbal and it is included in the minutes.

        My ex-partner (X) is a valued and widely liked employee. I would like to be able to speak out that my ex abused me if someone mentions that they are sorry for my ex to leave (which is the outcome of the investigation), "because X is such a nice person". This does not mean that I will make a public announcement, but I would like to be able to say that X abused me and while X may be a good employee, X is also a serial abuser and had done this before.

        Am I right thinking that I should be able to say what my ex did to me outside of work, but not what X did to me when we worked together?
        Employment law aside, you have the right to a private life inside and outside of work. Your employee cannot control you or deprive you of your private life in work but only if it relates to specific areas of employment. Do you really want people to know? If the investigation is over, then technically you can say what you want inside or out of work about your abusive ex partner. The problem is your employer may try to discipline you or even dismiss for you 'being a trouble causer'...ie causing dissention in the work place. If you do tell people, do it with discretion or you could end up losing your job, in the real world. Right?

        Comment


        • #5
          Re: Grievance and confidentiality

          Right.
          Thank you for your advice. I am not planning to go round team meetings updating colleagues. Just wanted to be clear what my rights are if I choose to disclose domestic abuse at work.

          Comment


          • #6
            Re: Grievance and confidentiality

            Originally posted by muriel View Post
            Right.
            Thank you for your advice. I am not planning to go round team meetings updating colleagues. Just wanted to be clear what my rights are if I choose to disclose domestic abuse at work.
            I am not a legal professional; I have merely studied law. So the information I have provided is my opinion only, is not to be taken as condoned or agreed to by Legalbeagles community or website in general, neither is it intended to be legal advice.

            Comment

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