Employee Law Case Studies
Case Study: Confidentiality, DPA, Unfair dismissal, disciplinary, grievance, settlement
An individual had been subjected to allegations relating to drugs within the transport industry. During the investigation into the allegations, the Company breached the confidentiality of the individual by testing him in front of the workforce, thus breaching their policy and procedure in dealing with drug testing and allowing others to know about a positive result, thus damaging the individual’s longstanding, impeccable reputation. He was suspended and sent to the GP for a further test which was clear, yet the Company insisted on having a company travel over four hours to take a third sample, which again came back clear. The Company failed to treat the individual with dignity when carrying out the test and failed to manage the situation respectfully. The individual was provided with advice throughout the grievance procedure which resulted in an admission by the Company of their failures within the process. Settlement negotiations were carried out for the induvial and a satisfactory outcome was obtained.