Yes, if you are the subject of a disciplinary investigation, you should expect your employer to take steps to keep both the existence and circumstances of the investigation confidential.
A breach of this confidentiality may be a serious issue for an employer from both a legal and practical perspective, possibly affecting (a) the concerned employee’s trust and confidence as well as their integrity, (b) the morale of the wider workforce and (c) the investigation process itself.
Confidentiality should be an ever-present part of a disciplinary process, but there will be a need to share certain information so those concerned (including any witnesses) can understand what they are supposed to consider and talk about. What will be appropriate in each situation will depend on the specific circumstances. Incidentally, witnesses should be required to keep the information shared with them confidential.
The employee at the centre of the disciplinary investigation should, in turn, also keep the existence and circumstances of the investigation confidential but should be able to discuss the circumstances with any employee representative and to confide in close family members.
If you need help navigating a disciplinary investigation, we can help you.
This blog was written by Ben Lindsay, Solicitor at didlaw
