confHow do i go sorting out a breach of confidentiality?

Question

So this past year quite a few times our clerk has posted the wages of the village handyman both on to the noticeboard and website(possibly an accident but has happened quite a few times despite they say it is supposed to be confidential) Unfortunatley if i attempt to rectify a situation, privately or publically they just deny any wrong doing even if it is an accident. I therefore now know our handyman's wage simply because it was published which means anyone in the village could now know also. Without proof they would just deny this happened, if i took proof i could be accused of breaching confidentiality myself, but it seems document's aren't checked before they are published.
I know people will have a difference of opinion regarding whether we should or shouldn't know, but because this has happened without the council's permission or the handyman's unfortunatley i'm not sure really if my clerk would allow me to even mention it due to shutting out other concerns. The only thing i can think of due to them not giving me the complaints policy despite asking for it previously would be to go directly to district council.

Answer 1

Ignoring the obvious comment that the public have a right to know what their money is being spent on, can I ask if the handyman is an employee or contractor?  Also, your district council has absolutely nothing to do with how your council works.

Comments

I agree that the public have a right to know what their money is spent on, though usually they list the handyman's wage as confidential, execept from a few times where it has been put on the noticeboard and website, but i assume they have done it by accident as they've gone back to confidential. It has happened quite a few times this year however. I believe he is an employee, though he could be a contractor, the agenda doesn't specify. The reason i asked if the district council could help is because they basically deny any wrong doing if you ask a question that would prove that they aren't always telling the truth. I'm happy to accept that we are all human beings and that sometimes mistakes are made, but they literally shut anyone down who asks those sort of questions. For example they claimed to have given every household a leaflet regarding the proposals to get 20 miles per hour in the village, some houses were missed, and they shut me down for bringing it to their attention. They didn't even ask which houses were missed. I have asked them for their complaints policy before but they have denied for me to have access to it.

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Depending upon the size of your council, if the handyman is a contractor then details of payments to that and all contractors must be available to the public as they should be detailed on the agenda and in the Minutes.  This is why the distinction between contractor and employee is significant.
Staff wages are listed on the annual accounts but generally as a global figure (all staff together) rather than as named individuals but of course for smaller councils it is often just one employee so even if not names, it's not difficult to see who gets paid what.
The complaints policy should be on the council website.  Have you checked there?

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Thanks for that clarifcation, so the handyman is probably an employee.
The Complaints policy should be there, it isn't. I'm not surprised. I only know what the handyman gets paid because their was a breach, the council usually list as confidential. They have put it back to confidential and would deny ever doing what i've said they have done.

Answer 2

I would assume that if thee is no publication of complaints policy then your Clerk is not performing to their contract of employment. If the Handyman is employed then his terms of employment are between the PC and the handyman. It is for the handyman to make a complaint should the PC breach any confidentiality that happens. It is for the employer to ensure that such contract matters are followed. If they are a contractor then there should be a contract between the PC add possibly administered by the clerk. Again it it a contractual obligation to ensure that terms are followed and observed. Unless called on by the employee or the contractor a councillor has no power to investigate such matters. This is what complaints policies are used.

Comments

I suppose i can either mention there was a breach, or quietly speak to the handyman about it if it's a matter for him to deal with. There is no record of a complaints policy on their website.
Can i mention to my district councillor that they don't have that policy on the website? He probably won't be able to do anything, but i did manage to get the register of interest issue sorted out by reporting it to district council.

Answer 3

Firstly, you won't be breaching a confidentiality if the information about salary (if it is salary rather than contract payment) is ALREADY in the public domain.

The breach was by the person that placed it in the public domain.
Second, you don't have to repeat the actual information (thereby perpetuating the spread or breach) you just have to say that specific detail WAS placed in the public domain at a specific example - date / time / place and as such THAT is when the breach occurred.

This sounds like a PC seeking ways to block questions rather than embrace them.

Comments

Yes, they block questions if it would prove that they have done any wrong doing, even if it is said in a polite manner. Hence i keep trying to find ways i can keep them accountable. It's a bit difficult in a small village to do so.
I can try that and see if they will actually acknowledge the situation. Generally if i mention something they shut me down straight away(in some cases not giving me the full time slot in public forum)