Safeguarding Fairness, Confidentiality and Organisational Integrity
Background
In 2025, a long-established scholarly association (“The Institute”) faced a complex grievance and appeal involving senior staff. A reinvestigation into a collective grievance raised concerns about confidentiality and procedural fairness. One of the senior researchers, Dr. Helena Brooks, subsequently submitted a grievance citing harassment and breach of confidentiality. When dissatisfied with the outcome, she exercised her right to appeal.
The Challenge
The appeal raised several sensitive issues, including:
- Allegations of bullying and harassment;
- Claims that a confidentiality and data protection assurance had been breached; and
- Concerns about the clarity and fairness of the entire grievance process.
The organisation’s policies offered little guidance on how appeals should be conducted, creating uncertainty about whether the appropriate approach was a full rehearing or a focused, procedural review. The matter also involved issues relating to confidentiality commitments under UK GDPR, requiring careful, balanced consideration without providing regulated legal advice.
Our Role
Robin Somerville was appointed as an independent appeal chair, bringing extensive experience in workplace dispute resolution, regulatory proceedings, and professional standards. His role was to provide a fair, impartial, and evidence-based process capable of restoring trust in the organisation’s handling of the grievance.
Following ACAS best practice, the appeal was conducted as a review-based appeal, focusing on procedural integrity rather than reinvestigating the entire matter from scratch. This ensured proportionality, timeliness, and fairness.
Process
- The appeal hearing was conducted in person, supported by a verbatim transcript and audio recording for complete transparency.
- Each ground of appeal was assessed independently on the balance of probabilities.
- The review considered the original investigation report, grievance outcome, and all associated documentation.
- Inferences were drawn where appropriate based on available evidence and clear reasoning.
Findings
- Bullying & Harassment: Not upheld. While some communications were distressing for the appellant, they did not meet the threshold for bullying or harassment under ACAS guidance or the Equality Act 2010.
- Confidentiality / GDPR Concern: Upheld. The original investigation failed to address a clear confidentiality breach when an interview transcript, originally assured as confidential, was circulated internally.
- Other Grounds: Not upheld, either due to duplication or limited relevance to the appeal’s central issues.
Recommendations
The Institute was advised to:
- Issue a formal apology for the breached confidentiality assurance.
- Review and strengthen grievance and appeal procedures to ensure clarity, robustness, and compliance with data protection expectations.
- Invest in internal HR capability to reduce reliance on external consultants for essential processes.
Impact
This case highlights the value of appointing an independent appeal chair when dealing with complex or sensitive workplace issues. By applying a structured, impartial approach, the process delivered a proportionate and credible outcome, protecting the rights of the individual while reinforcing confidence in the organisation’s governance and integrity.
If your organisation is facing a similar challenge and would benefit from independent, expert support, please get in touch to discuss how I can help.
* All names, roles, and organisational identifiers in this case study have been fictionalised to maintain confidentiality.
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