The UK’s Right to be Forgotten and Cases of Gross Misconduct
The Right to Be Forgotten (or Right to Erasure) is a data protection right under Article 17 of the UK's General Data Protection Regulation (GDPR). It is a legal mechanism that allows you to request the deletion of your personal data from online platforms.
If outdated records of gross misconduct with a former employer are surfacing in online searches and damaging your reputation or job prospects, the Right to Be Forgotten could be a valuable tool to regain control of your online presence. Read on to learn how this legal right can give you a fresh start.
What Are Examples of Gross Misconduct?
Gross misconduct refers to actions that significantly breach the trust and obligations of an employment contract. Common examples include:
Such conduct will generally result in immediate dismissal from employment.
Does Gross Misconduct Go on Your Record?
Yes, gross misconduct will almost always be marked on your employment record. This information may be passed on to future employers during reference checks and could negatively impact your job prospects. However, with the Right to Be Forgotten, you can request the deletion of outdated or historic records. This legal mechanism is an opportunity to improve your employment outlook.
How Long Does Gross Misconduct Stay on Your Record?
The length of time a misconduct case will stay on an employee's record depends on the type of employer and the seriousness of the case. For example, public sector workers, like doctors and nurses, may be struck off permanently. In such cases, records are kept indefinitely.
Private-sector employers should only hold records for up to six years. After this period, you can request past employers to delete the records they have of you. The Right to be Forgotten means you are legally entitled to do so, and your request should be upheld.
How Does Gross Misconduct Affect Future Employment in the UK?
In the UK, dismissal for gross misconduct doesn’t legally prevent you from securing a new job. However, the job search may be challenging as many companies and industries require reference checks as a condition of employment.
Lingering online reports of your gross misconduct dismissal can be particularly harmful. If potential employers search your name and old articles or records resurface, they may reconsider or withdraw their offer. This is where the Right to Be Forgotten can help, allowing you to request the removal of outdated information and reduce the risk of past events impacting your future.
Rebuilding Your Reputation and Job Prospects After Gross Misconduct
The Right to Be Forgotten gives you the legal right to request that search engines remove inaccurate or outdated links that could harm your job search. It also allows you to request that former employers delete any personal data they hold about you, including records of gross misconduct.
Anyone can apply for this removal directly through Google, and we offer a free guide for those interested in a DIY approach. However, the law is complicated due to the delicate balancing act between your right to privacy and the public’s right to know.
Challenges you may face include:
However, in misconduct cases, platforms like Google may reject requests if they believe future employers have a right to know. Given these complexities, seeking legal advice to increase your chances of success is a good idea.
Achieve the Best Results With Internet Erasure If you’re ready to rebuild your reputation, speak to the privacy lawyers at Internet Erasure. To date, we’ve assisted over 900 clients in rebuilding their reputations, successfully removing 50,000 damaging links from Google and other platforms.
We offer a no-obligation consultation and only take on clients we’re sure we can help. This allows us to work tirelessly to secure the removal of harmful links – no matter how many submissions, reviews, or appeals it takes.
Ready to start? Initiate the process by emailing [email protected], calling 0333 252 0923, or messaging via SMS or WhatsApp at 07565 130 116. Alternatively, submit a convenient online enquiry form, and we’ll respond promptly.
If outdated records of gross misconduct with a former employer are surfacing in online searches and damaging your reputation or job prospects, the Right to Be Forgotten could be a valuable tool to regain control of your online presence. Read on to learn how this legal right can give you a fresh start.
What Are Examples of Gross Misconduct?
Gross misconduct refers to actions that significantly breach the trust and obligations of an employment contract. Common examples include:
- Fraud or theft
- Violence
- Severe breaches of health and safety requirements
- Intoxication at work
- Gross negligence
- Serious insubordination.
Such conduct will generally result in immediate dismissal from employment.
Does Gross Misconduct Go on Your Record?
Yes, gross misconduct will almost always be marked on your employment record. This information may be passed on to future employers during reference checks and could negatively impact your job prospects. However, with the Right to Be Forgotten, you can request the deletion of outdated or historic records. This legal mechanism is an opportunity to improve your employment outlook.
How Long Does Gross Misconduct Stay on Your Record?
The length of time a misconduct case will stay on an employee's record depends on the type of employer and the seriousness of the case. For example, public sector workers, like doctors and nurses, may be struck off permanently. In such cases, records are kept indefinitely.
Private-sector employers should only hold records for up to six years. After this period, you can request past employers to delete the records they have of you. The Right to be Forgotten means you are legally entitled to do so, and your request should be upheld.
How Does Gross Misconduct Affect Future Employment in the UK?
In the UK, dismissal for gross misconduct doesn’t legally prevent you from securing a new job. However, the job search may be challenging as many companies and industries require reference checks as a condition of employment.
Lingering online reports of your gross misconduct dismissal can be particularly harmful. If potential employers search your name and old articles or records resurface, they may reconsider or withdraw their offer. This is where the Right to Be Forgotten can help, allowing you to request the removal of outdated information and reduce the risk of past events impacting your future.
Rebuilding Your Reputation and Job Prospects After Gross Misconduct
The Right to Be Forgotten gives you the legal right to request that search engines remove inaccurate or outdated links that could harm your job search. It also allows you to request that former employers delete any personal data they hold about you, including records of gross misconduct.
Anyone can apply for this removal directly through Google, and we offer a free guide for those interested in a DIY approach. However, the law is complicated due to the delicate balancing act between your right to privacy and the public’s right to know.
Challenges you may face include:
- Proving the information is outdated or inaccurate.
- Demonstrating that the links harm your job prospects and that your privacy outweighs the public interest.
However, in misconduct cases, platforms like Google may reject requests if they believe future employers have a right to know. Given these complexities, seeking legal advice to increase your chances of success is a good idea.
Achieve the Best Results With Internet Erasure If you’re ready to rebuild your reputation, speak to the privacy lawyers at Internet Erasure. To date, we’ve assisted over 900 clients in rebuilding their reputations, successfully removing 50,000 damaging links from Google and other platforms.
We offer a no-obligation consultation and only take on clients we’re sure we can help. This allows us to work tirelessly to secure the removal of harmful links – no matter how many submissions, reviews, or appeals it takes.
Ready to start? Initiate the process by emailing [email protected], calling 0333 252 0923, or messaging via SMS or WhatsApp at 07565 130 116. Alternatively, submit a convenient online enquiry form, and we’ll respond promptly.
