Human Resources Division

Confidentiality

Normally confidentiality will be maintained and will only be extended after consultation with the persons concerned. The principles of the Data Protection legislation will be followed.

There are however limits to how far confidentiality can be maintained. Where possible the wishes of the people involved (the complainant and the person complained against) will be respected but in any event their views will normally be taken into account in deciding whether or not to disclose information to another person.

There will need to be disclosure to those involved in the procedures outlined in this policy (and in any appeals) to the extent that is needed for the procedures to be used effectively.

A departmental adviser, Dignity@Work contact, or HR Consultant/HR Officer may inform a supervisor, department administrator or the Head of an Institution of any harassment or bullying complaint that has been settled by personal action where they think this is appropriate to do so (preferably with the consent of the parties concerned).

Other relevant University officers who might be properly and reasonably consulted by the investigator or Head of Institution or by the complainant or alleged perpetrator (see Section 3(e) to (g) and Section 4) e.g. Vice-Chancellor, Academic Secretary, Registrary, Director of Human Resources or their staff. The University may also consult legal advisers.

The University may be obliged to notify the police and/or the Health and Safety Executive (as explained above) (The police may be informed without the complainant being named, but there can be no future certainty that the name will not emerge and this will have to happen if the case is to be pursued).

If disciplinary procedures are involved information will need to be released to the relevant court or tribunal or Committee although the complainant could remain anonymous in some circumstances.

If grievance procedures are involved information will need to be released to the relevant court or tribunal or Committee although one or both parties could remain anonymous in some circumstances.

As a guiding principle an adviser should never disclose information about a complaint about non-criminal harassment (where there is unlikely to be any danger to health and safety) without the consent of the person concerned.

Witnesses, representatives or friends must also maintain strict confidentiality.

Where criminal offences or serious health and safety risks are involved it is clearly not possible to guarantee this level of confidentiality. However, a complainant should, where the police/HSE (as appropriate) agree, be kept informed about every step taken by the person given responsibility for reporting an incident to the police or other relevant authority, should receive a full explanation as to why a step was being taken and be fully supported whilst and after it was being done.

If a complaint is not resolved within the University, the University may be obliged to disclose to a Court or Tribunal information received in confidence.