The UK’s Right to be Forgotten and cases of gross misconduct, professional misconduct or misconduct in public office
If you have a record of gross misconduct with a former employer, the Right to be Forgotten could help. This legal mechanism could save you from negative references and poor job prospects. Read on to find out how to rebuild your reputation and improve your employment prospects.
What is the Right to Erasure (also known as the Right to be Forgotten) in the UK?
The Right to be Forgotten is Article 17 of the UK's General Data Protection Regulation (GDPR). It gives you the legal right to request search engines remove links that could harm your job search. It also means you have a legal right to request past employers delete data they have about you. This includes cases of gross misconduct. You’ll find a more detailed explanation in our article about Google and the right to be forgotten here.
How does the Right to be Forgotten work with Google?
You’ll need to make a direct request to Google if you want to remove links using the Right to be Forgotten. Sadly, there’s no guarantee that you’ll get them taken down. Article 17, also known as the Right to Erasure, is complicated and full of exceptions. For example, you may have to prove these links are harming your employment prospects. You would also have to explain how your privacy rights outweigh public interest. The same is true when making similar requests to past employers.
What are the obstacles in applying the Right to be Forgotten in the UK?
One of the main hurdles you’ll face is proving the information is outdated and/or incorrect. The law is complicated due to the fine balancing act between your right to privacy and the public’s right to know. For misconduct, Google and others may object to your request if they feel future employers have the right to know. Given all the complexities, it’s a good idea to seek legal advice to increase your chances of success. Internet Erasure can help.
Does gross misconduct go on your record?
Yes, employers almost always record cases of gross misconduct. Most retain these records for far longer than they technically should, too. They could then pass this information on as references to your future employers. All companies have different policies, though. The good news is you can use the Right to be Forgotten to request such historic records be deleted.
How long does professional misconduct stay on record?
The length of time a misconduct case will stay on an employee's record, depends on the type of employer. Public sector workers, such as doctors and nurses, may be struck off permanently. In such cases, records are kept indefinitely. However, private sector employers should only hold records for up to 6 years. After this period, you can request past employers delete the records they hold of you. The Right to be Forgotten means you are legally entitled to do so and your request should be upheld.
Can you get a job after being fired for gross misconduct, misconduct in public office or professional misconduct?
In the UK, there’s no law that states different employers can’t hire you if you've been fired from a past job for misconduct. It can be difficult, however, as many companies require reference checks as a condition of employment. Some may retract their offer to you if they see from online reports that you were dismissed. This is where the Right to be Forgotten may help minimise this risk for you.
How can Internet Erasure help you with the Right to be Forgotten in the UK?
If a search under your name in the UK or EU brings up negative articles, Internet Erasure can help. This includes professional misconduct, misconduct in public office and gross misconduct. Our expert team of privacy lawyers know the ins and outs of the right to be forgotten in the UK. They’ve successfully removed 20,000 damaging links, helping more than 600 people to break free from their past. If you feel you deserve a fresh start, contact us for a no-obligation consultation.
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If your reputation has been unfairly damaged by libel, contact us today for a free consultation. We only accept cases we’re confident of winning and will do all we can to give you the fresh start you deserve.