Employee is accused of theft in the workplace. Police are involved. Arrested and charged. Thrown out at Crown Court pre-case conference when evidence found to be wholly insufficient to convict. Proceeds nevertheless to full internal disciplinary hearing with similar result. No case to answer.
Employee later applies for external jobs. Manager mentions in giving a reference that there had been disciplinary proceedings.
Assuming that the reference was factual and complete (i.e. that it says employee returned to work with no adverse findings) :
1. If no specific question was posed by the prospective employer, was mentioning the disciplinary proceedings at all without prior discussion with employee unfair processing of personal data ? Was there any good reason to do so ?
2. If yes, do you nevertheless agree that if the question was specifically asked "Has X ever been subject to disciplinary proceedings" then the answer 'yes' must be given with an explanation ?
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