Breach of confidentiality and investigation

[TanLou]

Hi, I am undergoing an investigation process, but in the meantime I have logged a breach of confidentiality against my boss, for disclosing details to my team before I was aware. Would I be right in thinking that because I have logged a grievance against him for breach of confidentiality, he can no longer complete my investigation?

[Kati]

Re: Breach of confidentiality and investigation

[MENTION=51026]Ula[/MENTION] or [MENTION=26290]mariefab[/MENTION] should be able to answer xx

[mariefab]

Re: Breach of confidentiality and investigation

Not necessarily.
It depends on things like the size of the organisation you work for and whether the breach was connected with the investigation.

[TanLou]

Re: Breach of confidentiality and investigation

Not necessarily.
It depends on things like the size of the organisation you work for and whether the breach was connected with the investigation.

Hi, thank you. Yes large organisation. Details about the investigation taking place and the details of it were discussed with people it shouldn't have been I.E. fellow employees before the person was actually told. Would it therefore be in ethical for that manager to complete the investigation as he had allegedly breached confidentiality by discussing everything with people who shouldn't know anything about it ?
Thanks again in advance 😊

[mariefab]

Re: Breach of confidentiality and investigation

Again it depends....sorry I hate writing that.

If he discussed details with fellow employees as part of his investigation to discover whether the matter under investigation had become normal practice, or to establish whether any of them were witnesses to the matter, that would be just part of his role as the investigator.

If, instead it was just gossiping, because none of those he spoke to could possibly have any information relevant to his investigation, that would be very poor practice. But whether,or not, it would be a breach sufficient to remove him from the process would depend (again!) on the terms of the relevant disciplinary/capability/whatever procedure and whether those terms were contractual.