Sshhhh! Can you keep a secret????

I often talk about duties of confidentiality and what you need to do to make sure your staff keep your clients data secure.  I’ve mentioned previously the benefits of an employee handbook and the need to have a social media policy.
However it’s not just your staff who owe a duty of confidentiality.  You owe one to them.  So, if you are asked to give information on a former employee to a new employer, how far can you go?  This isn’t about giving a reference, where information can be subjective.  This is about your records on things like sick leave or disciplinary proceedings.  Are you entitled to give out this information and if you divulge it wrongly what are the consequences?

In a recent case, two police forces shared information about an employees sick leave record.  As the force with the information was a separate legal entity from the force that requested the information, the Tribunal found that there was no automatic right to share and a breach had occurred. 
This meant the police officer was entitled to compensation which could have been £10k or more!

If you have staff and need to know what your rights and obligations are, drop me a line at Stephanie@kleymansolicitors.com.  I or one of my team will be happy to help you through the pitfalls of being an employer without it making you have to take time off sick.
Kleyman and Co solicitors.  The full service law firm.  Better value for money than a £10k tribunal fine!