www2.cipd.co.uk/.../59212

Hi Nicola

Have a look at the above "Discussion thread of note". If the link doesn't work, you'll find this heading on the right hand side of the front page of the Discussion Forums.

Welcome to the Community, Nicola. An interesting first post!

Thanks for fishing Peter's thread out Elizabeth Divver. This is another good one: Testing our integrity

Tagging Lizzie O'Brien here at CIPD, who has posted several questions which touch on these dilemmas.

We cannot not know what we know!!

You cannot unknow anything. Which is why there's really not much truth in having a 'confidential' discussion unless it is totally nothing to do with the company.

You will end up looking very stupid if it comes to a head and you have to admit that you knew but had been told about it but had been asked not to do anything about it.

Writing up in a file note and leaving it there is further proof that you choose (as a manager) not to take action when you know you should!

Welcome Nicola - I didn't notice - - how remise of me...!!

BTW, Mrs P was a Relate couple counsellor. They were always taught that if anyone said anything that was illegal or likely to be evidence of something illegal that regardless of the client's wishes, she was to tell them she could not keep this confidential.

And of course that is the position you are now in and you have a duty to protect your employer too, which is where your loyalties, as a manager lay.

In reply to Elizabeth Divver:

And I failed to notice your link.!

In reply to David Perry:

"Private and Personal: addressee only

Dear .........

This is to notify my considered response to the matter we discussed (whenever). Thank you for bringing this to my attention.

As you particularly requested, this matter as it presently stands  will not be taken forward as a formal complaint or formal grievance, but, now that I, on behalf of your employers, know about it, we are very much duty-bound to maintain your workplace safety and welfare and will therefore be taking appropriate action in response. But be assured, your wishes about the matter will be respected if at all possible, consistent with this duty.

If there is anything you need to clarify or further discuss or anything else you'd like to bring to my attention, please don't hesitate at all to contact me."

Hi Nicola,

Firstly; welcome to the community. Secondly, apologies for the late response – I’ve been off getting hitched!

I think Steve tagged me because of a discussion I started a while back - 'can you be fair and treat people as individuals?' There are definitely a lot of parallels between the theme of that discussion and your situation, and there might be some food for thought in there?

Also, I’ve been involved in developing the CIPD’s principles for the last year or so. The principles will help guide HR and L&D professionals when they encounter situations that don’t appear to have any obvious right or wrong answers. You can find them in full here: www.cipd.co.uk/principles - but there are two snippets that might apply to your dilemma and help to guide you:

• “Good work is safe and inclusive.”
• “People deserve to be treated fairly and have a meaningful voice in matters that protect them, in addition to their rights and protection under law”

I realise you posted a while ago so it might all be resolved now - if so, please let us know how it went, and, if not, I hope these resources are helpful.  

Thanks,

Lizzie