There may be circumstances where confidentiality cannot be maintained. For example:
- where there are concerns about an imminent threat to life
- risk of significant harm to an adult or a child
- harm to the employer or other employees
- an unreported crime has been committed
In these cases, a colleague or manager must make a disclosure to a third party, such as other members of the management team and or external authorities or agencies. This is so that appropriate further help and support can be provided to the affected employee.
Disclosure to a third party will only happen where there is a prior discussion with the affected employee and a clear explanation as to the reason to break confidentiality.
Data Protection Act 2018
The Data Protection Act 2018 allows sharing of information to prevent serious harm, fulfil a statutory purpose or administer justice. Communication remains open and honest if there is a need to disclose the information further. Any breach of confidentiality will be taken seriously, unless it is required under safeguarding procedures.
All employees and managers who are aware that a fellow colleague is experiencing domestic abuse should make sure that:
- the affected employee’s address, telephone number and work location is not identifiable to anyone other than those delivering a workplace response to domestic abuse
- any general data requirements under the Freedom of Information Act do not have the potential to compromise those employees known to be suffering from domestic abuse
- other employees are only informed of their situation with their consent or on a need to know basis
- the affected employee is encouraged to keep a record of any incidents that occur at work, including persistent phone calls, emails, or visits to the workplace by the alleged perpetrator
If something is disclosed, keep an accurate record. This is especially important if it is the first disclosure, as it could be used later to support safeguarding or legal action.