Help! Worried that DH will be dismissed for gross misconduct

[woofwoofwoofwoof]

Just wondering if anyone can help at all with this.

My DH has recently got a new job - it happens to be for a company that I used to work for doing a similar thing. I left the company 18 months ago for another job but there is still some of the same colleagues there. Part of the job deals with sensitive data i.e. peoples health records.

My DH has had a very poor induction and a lack of training yet had been asked to run reports with a v short deadline. He asked me for advice and I explained how we used to present the data in reporting etc. I should highlight here that this was in a general conversation and I didnt see any of the actual data, nor did I see the reportings when he had put it together - it really was just what advice on presentation and style.

anyhow - having done these reports his boss has stated that it was obvious I had helped him with it. DH explained the above but he seems to think/ beleive that I have actually done the reporting which means I have seen the sensitive info. Breach of confidentiality is gross misconduct and we are very concerned about this.

anyone have any thoughts here?

Onus is on them to prove he has disclosed information to you. If they don't have proof they have no case.

exactly hairylights, they have to prove a case to your husband and not the other way round.

I would have your DH request all evidence to date and to ensure that the basics are even there.

Another website you made find useful is ACAS

thanks - do you mean evidence that he has breached confidentiality?

Hi WWWW. sorry to hear about this. unfortunately there is often a fair amount of misinformation on the employment threads.

If your DH has less than 12 months service, he has no protection against unfair dismissal. if he has more than 12 months service the he does have protection. this means that the company has to have a fair reason and follow a fair procedure. Disclosure of sensitive personal data to a third party is a potentially fair reason and it needs to be done 'on the balance of probabilities' - ie: more likely than not. They do not have to prove that he did disclose data, just that it is more likely than not. they then have to follow a fair procedure.

thanks hermione

he has not been there 12 months...only just over 12 weeks and still in probationary period. I guess they can get rid at their whim. This is so frustrating....he's been out of work for a while and finally we thought things were on the up. We've arranged childcare, booked a holiday etc

what a mess