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AIBU?

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Original poster

HELP work fuck up?

85 replies

jeppyjop · 23/11/2020 22:49

I need to be careful how I phrase this as to not be outing sorry.

I work for a big company in the financial sector. Our small department in this company has an issue with something it shouldn’t so we are trying to help improve it. It’s a charity initiative more than anything but in the early stages of research.

As part of the research we needed more data. A graduate was helping me and we decided to submit a freedom of info request to get some help with our research - it was sent to a public body. All within the law.

An email was sent from the head of the small body to the head of our whole company - it was scathing. Said that if we went ahead with the request, which they’d be legally required to do if we do not withdraw, then they would never work with us (they don’t currently) and would be sure to have “learned about the company”.

Essentially the person has misunderstood why we are needing the info. I assume that it reflects bad on them. Any person could request this info but they would have less reason not to provide it.

I am scared. I am small fry. I don’t know what will happen? I wasn’t asked to send the request or to get someone to. We did it out of initiative and it’s been badly received. But realistically we did nothing wrong.

What would you do? I’ve forwarded it to HR for assistance and help. I’m so worried. I can’t sleep and I will have to wait for next steps in the morning.

The worst part is that my research was my ticket to promotion. Not sure anymore!

OP posts:
BrummyMum1 · 24/11/2020 00:00

Will this even get past the CEO’s PA? I’d call or email the PA in the morning and tell them to ignore the email as it’s being dealt with by your department.

Mypathtriedtokillme · 24/11/2020 00:16

Them jumping straight to the nuclear option of emailing the CEO screams them hiding something to me.

Either there is something wrong with the data, it hasn’t been keep in an accessible way, is incomplete or shows them in an extremely negative light.

CorianderLord · 24/11/2020 00:47

Frankly the public body threatening you for a legal FOI is outrageous and makes me think they're hiding something very dodgy

CorianderLord · 24/11/2020 00:50

@popebenedictsp45

"Journalists, students etc use FOI as a shortcut to genuine research. Where previously you would ask for an interview, data etc and the public sector would be able to prioritize, "

I'm a journalist. If I want some info my first port of call is to pick up the phone and ask. But civil servants are generally instructed not to talk to the media, and 9 times out of 10, I'm told to ask for it as a FOI. It might seem like a drain on resources but it's public information and they're obliged to provide it.

And as a journo, this scenario of yours would have my spidey senses tingling BTW OP!

Ditto
dayslikethese1 · 24/11/2020 01:06

They're the ones in the wrong; if they're subject to FOI they have to respond unless what you have asked for falls under an exemption and then they have to write to you and explain that. It's pretty shocking they're threatening you over a legal request tbh.

BungleandGeorge · 24/11/2020 01:21

If it’s a charity receiving a grant from the public sector they are not subject to FOI are they?

blisstwins · 24/11/2020 02:58

I am so sorry you have to sweat this. I think you have gotten good feedback and my fingers are crossed for you.

ScotchBunnet · 24/11/2020 06:21

The public body has behaved in a way which is bonkers. Whether they want to provide this information or not is irrelevant - they have a legal obligation to do so (unless it falls under specific exemptions) and no right to intimidate you into withdrawing it. They have behaved really unprofessionally and it does make it seem like they have something to hide.

I have to make FOI requests fairly regularly as part of my job and sometimes it’s obvious the information is being sought for a reason which might not directly benefit (and could actually cause reputational harm) to the institution in question and I have never received a response as dodgy and unprofessional as the one you have.

Original poster
jeppyjop · 24/11/2020 06:39

@ScotchBunnet I am in shock. I wish my company would support the request but they will apologise and withdraw it I am certain (they’ve already said that’s what we will do. But awaiting HR)

We don’t normally send FOI as far as I’m aware. Maybe that’s why.

My DP is going to now request the same thing from his email as he works in public sector also. It’s a standard request.

After my work have decided what to do is there a way to report the threats? It’s very blatant “if you do not withdraw it, then I will have no choice but to make assumptions about your ethos...”

OP posts:
ProfessorRadcliffeEmerson · 24/11/2020 07:06

The Information Commissioner is responsible for FOI and data protection matters, their office might be rather interested in that email. As PP have said, they organisation is legally obliged either to give you the information or explain why not (they don’t hold it, a relevant exemption applies, it isn’t practical to answer because it would take so long), and they haven’t complied.

ilovemydogandMrObama · 24/11/2020 07:17

Most CEOS have assistants who respond on these sorts of issues.

Could you send a quick email to him/her to explain?

But seems to be as if you have hit a raw nerve, and their response is evidence of this.

Oblomov20 · 24/11/2020 07:36

You seem surprised by their reaction, but I'm not. The bullying email yes, seems ott. But no one likes a FOI request, you must surely know that?

rainkeepsfallingdown · 24/11/2020 07:39

@dayslikethese1

They're the ones in the wrong; if they're subject to FOI they have to respond unless what you have asked for falls under an exemption and then they have to write to you and explain that. It's pretty shocking they're threatening you over a legal request tbh.
This - it's not a normal response and it reflects badly on the person who wrote it, not you. I wouldn't be surprised if the head of that small body ends up in the press within the next 12 months for some kind of fraud or other criminal behaviour. It's the sort of batshit reaction someone desperately trying to avoid going down would have.

It's not you, it's him. The head of your organisation will understand that.

Eddielzzard · 24/11/2020 07:46

I agree, this reflects very badly on them. They have no option but to release the information, not threaten your CEO. Very odd.

GeoffNorcottfan · 24/11/2020 07:47

Really sorry you had this experience. I have too. In my case, boss took my side, and all was well. But the sleepless nights before my meeting to discuss it! I can still feel sick thinking about it.

Ellmau · 24/11/2020 07:51

Did you send the request to their FOI officer?

I would definitely report to Information Commissioner, the response is not on.

And if you get fired, take it to the press.

Original poster
jeppyjop · 24/11/2020 07:51

@Oblomov20 I can understand it’s annoying, but they regularly receive FOI requests similar.

The head of the body (I say small, it’s actually one of the most known institutions in the world - the papers would eat it up) said they will legally have to respond unless with withdraw but seriously consider we do so. They say this is due to using their resources to fulfil the request for a private profiteering company. Thing is, as a private company, I could use any of the data from FOI requests they’ve already issued. We made it clear it’s for internal purposes only. We probably should have explained it’s a charitable initiative.

OP posts:
Terriorer · 24/11/2020 07:53

If I was your boss I’d back you and want to know what they had to hide.

I deal with this sort of thing all day in work. It’s a legal obligation. They have to provide it.

RhiWrites · 24/11/2020 07:58

My DP is going to now request the same thing from his email as he works in public sector also. It’s a standard request.

Noooooooooooo! Don’t do that! There is no reason to do that. They will know it’s you and complain again and you will get fired! Don’t do it!!!!!

BexR · 24/11/2020 07:59

Will it not look completely obvious if your husband submits the query again. That would be my next cause of sleepless nights.

How will you reference the data source in your work? Wont the complaining organisation see it?

SpillingTheTea · 24/11/2020 08:01

*My DP is going to now request the same thing from his email as he works in public sector also. It’s a standard request.
*
Well that's adding fuel to the fire and a very silly thing to do at the moment. It will be obvious it is you. That won't go well..

YukoandHiro · 24/11/2020 08:02

I use FOI in my work and it's really common for companies to freak out when they get a request. Often they can't actually get the data together in the time limit as they haven't been keeping their own books properly.

Did you put in a request for the info through less legalistic channels first? Eg did you contact the CEO's support staff or the comms/public affairs team? If not they might be wondering why you didn't do that first and think you have sinister motives. I would get in touch with their comms team, explain situation and see if they can de-escalate for you.

Yesyoudoknowme · 24/11/2020 08:06

Could you (or get your boss to) contact your CEO and explain what the public body has misunderstood? You say he doesn't have a clue what you are doing - make him aware so he can see it is the public body being unreasonable. What have you to lose if you are already in fear of losing your job? CEOs are people too - they aren't some higher god just because of their role in the business.

Original poster
jeppyjop · 24/11/2020 08:07

I never sent the request, so no one has any idea who I am. The person who sent it was my subordinate - they didn’t check with me first but they had my permission to ask the question.

The information is useful to DP, that’s why. It’s useful to anyone. It would be very obvious why if I could say their name. But it’s a complete surprise the info hasn’t been requested before. In some ways it has “please provide the breakdown of female applications for 2019” but we just asked for more years and some more detail.

The request shouldn’t cause this reaction, it’s genuinely absurd.

OP posts:
YukoandHiro · 24/11/2020 08:09

I agree with others saying don't involve your DP. If it's too similar they will get their comms team on it, do a bit of digging via social media, work out you're together and get you fired.
Avoid that!
Personally I would send that email to both the Information Commissioner and a good journalist.