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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Accidental breach of confidentiality


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Hello,

I am an apprentice who has accidently told someone unintentionally something I saw on something I was given to photocopy confidentially by a line manager. The nature of the document is something that will most likely be available to colleagues in about a months time.

 

With it spilling out, I then had to see the boss to get a 'slap on wrist' warning, where I openly apologised and said it wouldn't happen again as I realised my error. I was then told that there would be a fresh start.

 

But now a few days later they have decided to make a formal investigation out of it, so I have been suspended until I am told when to return which I don't know when.

 

I am after some advice or encouragement so I don't mess things further.

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This sounds very harsh indeed.

Duties of confidence can be very important and as an employee you are under a contractual duty of confidence in respect of all of your employer's information. However as an apprentice I would have thought that your employer would be under a duty to train you properly and to make sure that you were aware of things such as the confidential nature of the information you were handling.

Were you informed or trained about confidentiality?

 

You say that your disclosure was accidental. How did occur that you made the disclosure accidentally?

 

A second problem is much more difficult. Even if turns out that you have good arguments in your favour, you are now in a position where if you try to put up god arguments, you may end up embarrassing or humiliating your manager or in HR. This puts you in a difficult position as well.

 

As you are an apprentice, you are probably pretty new in the world of work and so you had better understand now - and forever, that there is a big difference between your legal rights - and what is the best course of action to take so that you can continue in your job comfortably and without attracting the attention of some vindictive manager at every turn you take. You had also better understand that most businesses will stand by their managers - even if they are wrong - simply because there is much more invested in a manager than in an apprentice.

 

Maybe you had better give us more detail and also tell us about your contract and also how long you have been there

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Hi App101

 

Welcome to CAG

 

It is not possible to say for sure, but I don't think too much is going to happen. They probably feel they treated you with 'kid gloves', so they have re-evaluated the situation so they can send you and everyone else a clear message, that rules need to be followed and if they aren't then there will be serious consequences. So this might be for effect, can't be 100% sure, just from personal experience, seen the good, the bad and the ugly.

 

Remember it's been dealt with once.

 

'With it spilling out, I then had to see the boss to get a 'slap on wrist' warning, where I openly apologised and said it wouldn't happen again as I realised my error. I was then told that there would be a fresh start.'

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Thanks for the support everyone.

 

I've been an apprentice for the past two months, in that time, no one official from my apprenticeship scheme has come to see me, to say these are the tasks to be done.

 

The information I disclosed was with a colleague, of which we were discussing how things have changed over the years(my apprenticeship is at the school I went to) and how there are likely changes to come, and that's where the info slipped!

 

I think for now I am going to go with the flow, as I personally think they are trying to give me a scare with the suspension!

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Just remember, they can withdraw the apprenticeship or job if they like.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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But if they do, theres this? No?

 

Apprentices have rights in terms of dismissal as all other employees, but their contract can only be ended early by the employer in cases where the apprentice has committed an act of serious misconduct (where it is impossible to teach them) or serious incapacity if the apprentice contract cannot be delayed. They cannot be made redundant (i.e. if the employer is no longer able to fulfil the agreed training and work programme, this is a breach of contract and the apprentice will be entitled to receive pay and benefits to the end of the apprenticeship, and also compensation for the employer’s failure to train and the loss of their prospects). An apprentice who has their contract terminated early will receive higher than normal damages for wrongful dismissal and can also claim unfair dismissal if they have the relevant service required.

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Breach of confidentiality is GM. It's basically a fundamental breach of trust.

 

In my line of work, i regularly see confidential information relating to price changes/store layout etc. If i revealed that to ANYONE outside the company or to someone that would reveal it , it would be pretty much instant dismissal.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 years later...

hi cag. I accidently sent a message last night on WhatsApp which should have gone privately to someone. I work as a volunteer and am fully aware of confidentiality rules. however, my phone last nigh decided to play up on me and with the voice over read things wrongly. when I realised what had happened, it was too late. I did not give personal information away apart from the names. in fact, I was asking for my ceo to pass me information rather than me pass it too him. I explained the situation but feel now like I can't be trusted. where do I stand

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First create your own thread.

 

Second, i would go direct to the CEO or a superior and explain in full.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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