Internal breach of confidentiality by PA - sanctions?

[JessieMcJessie]

I am one of 2 managers in a small team. The other manager has handed in his resignation but is working a fairly long notice period (more than 3 months). It was decided that only those who have an absolute need to know would be told about the resignation until closer to his leaving date. This is partly because he has a health problem that he doesn't want people to know about.

One of our junior team came to us recently to say she had heard from someone in another department that he was leaving. We've traced the source of the leak to a "floating" PA who was in our dept a few weeks ago covering for one of our own PAs' annual leave. Our own PAs were not aware of the resignation. The secretary was not told directly as part of her duties, nor was she given access to any emails or documents that would have referred to it.

When interviewed by HR the floating PA admitted to knowing the information but claimed that (a) she couldn't remember how she learned it and (b) said she had told nobody. HR are now saying that she can't be given a formal warning because she hasn't admitted spreading the gossip and they don't want to upset her as she is "good" and might leave!

I am furious. She's obviously lying (we trust the person who said the PA told her). We need to know how she found out because we have been incredibly careful with the information - all relevant emails encypted, no hard copies of anything relevant, all discussions behind closed doors. If we've made a mistake or not appreciated a gap in the confidentiality procedures then we need to know about it to prevent future leaks.

But, perhaps more importantly, surely her behaviour can't go unchecked? She knew that there had been no announcement of his leaving so would have realised that the information was confidential and yet she gossiped about it. Is it really right from an HR perspective that she can't be sanctioned unless she confesses?

I don't think it's "fair enough" and yes the leak probably did come from her and yes she was unprofessional but your problem is you can neither PROVE how she came by the information or that she passed it on.

One person saying "she told me" doesn't overrule her saying "i didn't". There's no proof.

I agree that she shouldn't have gossiped about something she'd seen in that way, but I'm sure she knows that now. What other sanctions would you like, given it's doubtful you can point to any policy she might have breached?

In these instances, the onus is on the holders of the confidential information to keep it confidential.

HR are managing the situation appropriately, if not to your liking.

christinarossetti

In these instances, the onus is on the holders of the confidential information to keep it confidential.

Quite. And the PA became a holder of the confidential information and chose to spread it further.

Perhaps she heard about it out of work, and didn't know it was confidential at the time.

but, OP, at the risk of repetition, how or why would the PA have known the guy leaving to be confidential information?

Because the subject line of all emails was "PRIVATE AND CONFIDENTIAL" Ariadne.

Cretaceous she doesn't hang out with the Senior Partner, Managing Partner or me or my colleague outside work.

If it was confidential, then how come she knew about it?

If it was given to her in a confidential manner, then someone would be able to say 'I told her in confidence'. That fact that she may or may not have read it on a computer just shows it wasn't confidential. As otherwise - the screen would not have been left open for her to see. See?

The onus is on the people who knew NOT to let others know. It is their fuck up, not the PA's.

Presumably certain people outside of the office also know that the manager is leaving. The 'leak' could have come from outside.
But she hasn't snooped - the manager was being careless with confidential data - why aren't you furious with him? That's far more serious.

Yy iniac. If she had read it on your screen not his would you feel that hr were justified in castigating you for a breach of confidentiality? If it had been next year's forecasts on your colleague's screen, don't you think there would have been come back on him?

I once heard about a company take over as I was using equipment in a quiet office and a Director was speaking at the top of his voice on the phone next door. I told no one as I assumed it was highly sensitive. Just because you think you know what happened doesn't mean you are right. The colleague who told you could be lying about how she knows so no, the PA shouldn't be punished just on your say so.

If we've made a mistake or not appreciated a gap in the confidentiality procedures then we need to know about it to prevent future leaks.

We are fairly sure that the only way she could have found out was by seeing an email on my colleague's desktop when he stepped away from his screen (she was allowed to go into his room, which he does not share, to collect documents).

Looks like you already know how she knew.

I worked in a place once where you can get the sack for leaving your screen unlocked while you're away from your desk. I think you're going to have to accept you can't trust this particular PA not to gossip and that you should always lock your screen if you're looking at confidential information.

So you are discussing something confidential on mumsnet?

HoleyMacaroni
I told no one as I assumed it was highly sensitive.

Quite. As any professional should and would behave.

I actually can be sure that this PA has no social connection with anyone who knows the leaver outside work. Too complicated to explain here.

"If she had read it on your screen not his would you feel that hr were justified in castigating you for a breach of confidentiality?"

Yes, though there is no screen locking policy and she had no need to be round that side of the desk so it would be an inadvertent breach. That is not the same as passing on information that you know you were not supposed to have.

what goshhhhhh said

It sounds a bit like a 'know your place' sanction that you are seeking for this PA.

Ok, so hr can either castigate her and your colleague, or neither of them, would you agree?

Again, what sanction do you think she should have other than a "if you did do it, don't do it again"?

Reading these responses I am shocked at how many of you would not think twice about passing on confidential information and when questioned formally would feel it was reasonable to tell a blatant lie about how you came to have that information.

Because even if we are wrong about how she knew (remember, she admitted she knew) she was obviously lying when she said she couldn't remember how she knew.

She should be warned that if she ever does anything like this again she will be dismissed.

Yes, let's castigate the man with cancer, great idea.

I think most people think it was wrong, particularly after you gave more detail (originally she might have heard from someone else, outside of work etc) but that there aren't any sanctions that are reasonably available to you.

I don't think he should be castigated but surely you see that they were both in the wrong?

And again, you haven't indicated that she spread medical details.

You might want this thread deleted as it may be identifiable.

There is absolutely no risk whatsoever of identification. I obviously can't explain why but there isn't.

surely you see that they were both in the wrong?

Finally, someone agrees that she was in the wrong.

Being in the wrong is not the same as being jumping to a final warning before dismissal. And if she got one, the person whose screen it was on should get one too - which would be lacking in compassion and unlikely.

However, you may not be in the uk, so procedures may differ.

Finally, someone agrees that she was in the wrong

I agreed she was wrong way back up thread but also said since you have no proof, you/HR can't really do anything.

A forwarded email, multiple witnesses etc would be proof. You don't have that.

Which term in her contract or in internal policies did she breach? And is breach of such a term considered sufficient for a final warning? She didn't steal, insider trade etc etc.