The review that was initiated in March 2021 investigated the response to claims made about the alleged bullying of staff. According to reports, Buckingham Palace has advised that those taking part in the investigation needed to have “confidentiality” and the findings will not be published. Buckingham Palace is now being asked about the reasons for not revealing the findings of the investigation into the alleged bullying made against the Duchess of Sussex. The Duchess of Sussex has always denied the allegations.
According to reports, a senior source at Buckingham Palace has advised that due to the confidentiality of the discussions that they have not communicated the detailed recommendations, however they have revised their policies and procedures wherever appropriate as a result. Further to this, they have added that all members of staff and all members of the royal family will be made aware as to what changes have been put in place with regard to their revised policies and procedures.
As reported in The Telegraph, the decision leaves Buckingham Palace embroiled in a “secrecy row” and raises “serious questions about transparency at the publicly funded institution and its responsibility towards members of staff about transparency at the publicly funded institution and its responsibility towards members of staff” as a result.
A royal source told the BBC, "I think one has to recognise that HR matters involving individuals are private, and that those individuals who participated in the review did so on that basis, and therefore have a right to confidentiality."
The handling of this review raises common issues facing all employers when investigating claims of bullying or other types of grievances such as discrimination or harassment. Confidentiality is often very important to those who will be asked to take part in any investigations, and can be a factor in whether individuals are willing to come forward and take part. This applies equally to those who are making allegations and those against whom the allegations are made.
It is important that at the outset of any investigation the issue of confidentiality is addressed. In most cases, absolute confidentiality cannot be guaranteed as witnesses will have to be spoken to, and the individuals tasked with making decisions, whether as part of a grievance or disciplinary process will need to see all the information. Further, if the investigation leads to a disciplinary process being started, the individual is entitled to see all information that has been gathered, with a few limited exceptions. Ultimately, if either employment tribunal proceedings or court proceedings are raised, most if not all of the information gathered will form part of both parties case and be out in the public domain.
“Confidentiality” raises a number of issues with the need to balance the rights of those individuals taking part in the investigation, who are private individuals and who would be entitled to and protected by the relevant data protection laws, and the interests of an employer to be able to fully investigate and then act on the outcome of such investigations.
A barrier to individuals raising issues in the first place can be a concern that, even if it is investigated, the outcome and any recommendations are kept secret, resulting in no long-term changes. Employers need to consider very carefully how such investigations are acted upon and communicated especially if it is clear there is a pattern of behaviour or culture which allows unacceptable behaviour to continue unchecked, or a blind-eye is turned to it.
Whilst there is particular media and public interest in how this matter has been handled due to the public nature and funding of the monarchy, it does raise a number of issues which all employers must consider.
For more information or assistance please contact Noele McClelland in Thorntons specialist Employment Law team on 03330 430350.
