Legal question regarding investigation at work

Ereshkigalangcleg · 21/10/2021 19:18

How about a company whistleblowing policy, do they have one? Sorry you're being treated this way

MajorCarolDanvers · 21/10/2021 19:18

Give ACAS a call

But err on the side of caution. Talking to people outwith your workplace e.g. family or friends should be fine. But I wouldn't discuss it with colleagues.

Do you have any form of employee assistance or wellbeing support at work that you can call for support?

Leafstamp · 21/10/2021 19:19

No advice I’m afraid, but you could try posting on the employment board if you don’t get luck on this one.

www.mumsnet.com/Talk/employment_issues

ArabellaScott · 21/10/2021 19:38

I'm sorry, OP, that sounds really hard.

Do you have an HR dept, type of thing, can you ask them? Ask for support for your mental health/stress? Can you talk to a line manager?

JustcameoutGC · 21/10/2021 19:39

Get in touch with Sex Matters they may be able to help

tigerinyourtank · 21/10/2021 19:50

@NotAHandmaiden

I've posted before under a different username about a (very unpleasant and stressful) investigation I've been dealing with at work into some innocuous things I said regarding sex and gender. The investigation has concluded that I should not be disciplined (i.e. it will not proceed to a disciplinary process), though the whole business has had a horrible impact on my mental health. I have been told that I am not allowed to talk to friends or colleagues about what has happened to me, and I feel it's vital that I do, as they have seen the impact on me.

I want to know, what does the law say about an employee's supposed duty of confidentiality, after an investigation has concluded without charge? Can my employer legally require me to keep details of the investigation to myself, even when the investigation is over? I have not been told any confidential information about anyone else at the company (e.g. I don't even know who accused me). I'd really appreciate it if anyone could point me to any applicable law on this matter, because my Googling is only bringing up law in relation to ongoing investigations, or the employer's duty of confidentiality. I can't find anything that answers my specific question.

I signed an NDA after being paid off to prevent tribunal when I was bullied for whistleblowing.

It was a legally binding contract stating I would not discuss the details with anyone other than (I think) very close family.

Have you signed anything like this? I can't see how it would be legally enforceable to cut you off from support from family. I get that they'd ask you not to talk to colleagues about it, though.

EmbarrassingHadrosaurus · 21/10/2021 19:59

I was likewise wondering if an NDA or gagging order is involved.

Can you speak to a union (assuming you're in one) or an appropriate organisation?

walkingthedog1 · 21/10/2021 20:04

Speak to your union at work, if there is one. Even if you're not a member they may be able to help you.

See if you can get 30mins free legal advice from an employment specialist. Some firms offer this.

It sounds like its not an NDA as you would have said so I think?

donquixotedelamancha · 21/10/2021 20:15

Can my employer legally require me to keep details of the investigation to myself, even when the investigation is over?

No. Not in any way shape or form. The only possible issue would be if your conversations in work were unprofessional.

ScreamingBeans · 21/10/2021 20:19

Why did they investigate you?

Do you have a case of unlawful discrimination against them?

Original poster

NotAHandmaiden · 21/10/2021 20:25

Thanks for the responses. To answer a few questions: I haven't signed an NDA (or anything else), there's no union, and there are specific reasons I think it's really important that I can speak to colleagues about what they did to me. So I'm keen to understand the legal position on this. Obviously HR has a duty of confidentiality, to protect me, the employee. But I don't understand why there would be any requirement on me to remain silent about their treatment of me, now that the investigation is over and I have not breached any rules.

OP posts:

endofagain · 21/10/2021 20:28

Have a look at your home insurance policy and see if you have legal cover through that. If you do, you can probably get some advice.

Original poster

NotAHandmaiden · 21/10/2021 20:38

@donquixotedelamancha Are you able to point me to the applicable law? I'd like to be able to quote it if necessary.

@ScreamingBeans I think I might have an unlawful discrimination case, yes. I don't feel comfortable giving details here yet, in case it is outing.

OP posts:

donquixotedelamancha · 21/10/2021 20:46

Are you able to point me to the applicable law?

It's the absence of it. There is no law allowing your employer to dictate what you say outside work (excluding things which would cause commercial damage, break GDPR, put someone at risk, etc).

Inside work your employer can give you any reasonable direction. If you don't say anything which slags someone off or unreasonably criticises the company, you are quite able to discuss issues you have at work with appropriate people.

If someone wants to tell you not to discuss the investigation with anyone in work, even to ask professional advice or raise concerns, tell them to put it in writing.

IANAL. I am, however, a union rep with some experience of managers pulling this shit.

donquixotedelamancha · 21/10/2021 20:49

tell them to put it in writing.

My manager's, manager's, manager's manager was actually stupid enough to do put a similar instruction in writing when asked. She was fired a little while later. That wasn't the only evidence of bullying used but it helped :-)

donquixotedelamancha · 21/10/2021 20:52

I think I might have an unlawful discrimination case, yes.

I think it's worth keeping in mind that they've haven't disciplined you.

It's certainly worth raising problems where they haven't followed their procedures or haven't behaved professionally but legal action would be very difficult.

If the issue isn't ongoing I would probably be inclined to keep the documentation of the investigation, speak to ACAS, perhaps have a minuted meeting to raise concersn and then try to move on. Being able to speak to people you trust is an important part of being able to process this.

blameless · 21/10/2021 21:09

My thoughts are with you.
These matters have a life of their own once they are begun and sadly there are few people who will assist.
I had a false accusation made against me, my union rep 'lost' the e-mail I sent asking for help, I 'won' the disciplinary but then found myself in a Kafkaesque spiral of subsequent accusations - one of which involved an in-house solicitor re-writing a policy specifically to put me in the wrong.
My advice is to leave your job as soon as you feel able. The backstabbers are unlikely to rest and he virtue-signallers often behave even worse.
Good luck.

LadyNotGivingaF · 21/10/2021 21:17

I wouldn't trust HR, they are there for the employer,not the employee (in my case backed by experience). I wish you strength.

Hattie765 · 21/10/2021 21:24

They can't stop you talking about it, you're only giving away your own information not anyone elses. You were investigated, you have every right to discuss it with whoever you like. There's no law that says you can't and no action the company can take.

OperationDessertStorm · 21/10/2021 21:29

www.cipd.co.uk/knowledge/fundamentals/emp-law/harassment/factsheet

www.advicenow.org.uk/guides/how-use-grievance-procedure-deal-discrimination-and-other-problems-work

www.acas.org.uk/dealing-with-workplace-problems

Call acas.

If you haven’t signed an NDA I presume it’s more of a recommendation (as they don’t want this to escalate any further) - but remember you don’t know who raised this so it could be someone/ some people very close to you. ( I’ve seen some really odd behaviour in the workplace. This could be your best work friends). Remember many people haven’t thought identity politics through and conflate any deviation from the party line with racism and homophobia.

If i were really pushed I’d not say anything more than a complaint was raised about something I’d supposedly said and I’d been completely cleared. Don’t give anyone a reason. I know it’s hard but think about the long game - in a year (when things are more in the open) you may get much more support if you talk about it then.

Asiama · 21/10/2021 21:37

There is no law preventing you from speaking, however there is something called "mutual trust and confidence" and they could argue that this is being broken by you discussing it.

Mazblue86 · 22/10/2021 09:18

This happened to me once! I was formally investigated (I won't say what for because it'll be outing) but in my letter the evidence against me was 'general comments made.' I wasn't allowed to know the evidence. Anyway, they didn't proceed to a disciplinary because they found no case against me. It was awful though. As far as I could tell there was no law preventing me from discussing it with people. I didn't. I just left as soon as I could.

jessieca · 22/10/2021 23:52

I'm sorry I don't have any advice but wanted to hop on and say I think I remember your previous thread. I also had a very similar thread that I had to get deleted. I'm glad no further action is being taken against you, I had the same outcome. I fortunately have been able to discuss the case with others who were accused at the same time and we've all found it very useful in terms of processing and understand why it all happened the way it did.

I'm so sorry you can't get the support you need, hopefully someone will be along with some legal knowledge to help on this one.