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Breaches of confidentiality during internal investigations chill future reports of workplace misconduct

By Jonathan Hyman on May 25, 2022
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“Nothing you share will be attributed to you and your feedback will remain anonymous.”

That’s what an HR consultant advised employees of BrewDog prior to their participation in an anonymous workplace culture review of the international brewing company.
Kate Bernot reports at Good Beer Hunting, however, that at least one former employee who participated discovered that her personal information was provided to company leadership.

Charlotte Cook says her name and details of conversations about her time at BrewDog—which focused on workplace safety, problems with human resources, and the circumstances under which she left the company—were provided by [HR consultant] Wiser to BrewDog without her knowledge or consent.

The brewery has been under fire for the past year regarding allegations of a toxic workplace culture that started with an open letter published by 336 former employees criticizing the company’s sexist and misogynistic treatment of employees, and also included a highly publicized BBC documentary released earlier this year.

If this leak is true, it’s bad. Really bad. 

Employees must have confidence that if they complain about harassment or other workplace issues their identity will remain as anonymous as reasonably possible. And if you promise reasonable confidentiality, you better mean it and do everything possible to ensure it. 

If confidentiality is breached, employees will fear retaliation or other reprisals and future complaints will be chilled. That is no way to run a workplace … unless you don’t want to know about harassment and other issues or you want to punish those who bring them your attention … which is also no way to run a workplace and is a much deeper problem.

     

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Photo of Jonathan Hyman Jonathan Hyman
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor
…
Jon Hyman is a trusted advisor to small and mid-sized businesses across various industries, helping them solve workforce challenges and defend against legal disputes.
He is a shareholder at Wickens Herzer Panza in Avon, Ohio, where he chairs the firm’s Employment and Labor practice group and its Craft Beer practice group, and serves on the firm’s Board of Directors. Jon works closely with clients on all aspects of labor and employment law, providing proactive solutions to prevent issues and a strong defense in litigation when conflicts arise.
As outside in-house counsel, Jon is the go-to advisor businesses call when they need help with employee terminations, drafting policies, handling leave or accommodations, or navigating tricky internal complaints. He also brings deep expertise in areas like wage and hour compliance, workplace technology issues, and union avoidance. Jon builds lasting partnerships with his clients, understanding their unique challenges and helping them achieve long-term compliance and success
When it comes to litigation, Jon stands up for businesses in disputes over discrimination, harassment, wrongful discharge, non-competes, trade secrets, wage and hour issues, and union matters. Jon works with his clients to craft targeted defense strategies that protect their interests and aim for resolutions that support their broader business goals.
Jon also leads the firm’s Craft Beer practice, where he helps breweries, brewpubs, taprooms, and other craft beer businesses tackle their unique legal and regulatory needs.
Jon writes the award-winning Ohio Employer Law Blog, which the ABA Blawg Hall of Fame recognized for its daily insights on labor and employment law. His updates help his clients, HR professionals, and other business leaders stay ahead of labor and employment law changes that impact their daily operations.
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  • Posted in:
    Employment & Labor
  • Blog:
    Ohio Employer Law Blog
  • Organization:
    Wickens Herzer Panza
  • Article: View Original Source

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