Being asked to delete emails to evade FOI request in the future.

dingdong1234567

This is not a situation I am in however, a friend of mine is.

My friend works for a civil service department, my friends line manager has asked my friend by email to delete certain emails relating to a case file the line manager is building against another member of staff. In the email from the line manager they clearly instruct my friend to delete all emails relating to the third person, quote "you know what FOI is like". As a result friend has serious concerns about this if an FOI resquest was to be made in the future by the third person whom the case file is being built against. Surely this conduct is not on by the line manager in question? My friend is quite worried and a bit stressed about the hole thing.

From a legal viewpoint, the conduct by the line manager can't be right, can it?

Fred Swanson

This post has been deleted.

Esel

Deleting e-mails will not hide them from a FOI search.

Fred Swanson

This post has been deleted.

Rubberchikken

Speak to a union rep. Anyone who would ask someone to do this questionable thing would probably be willing to hang someone put to dry if the opportunity arose.

wally1990

Fred Swanson wrote: »

This person needs to speak to a solicitor or their union rep.

This +1

dingdong1234567

I think my friend is more concerned about the line managers conduct, she feels very stressed about it. My friend did mention protective disclosure policy and possibly reporting the line manager internally as she want wants to distance herself from the whole thing but she is not sure what to do.

dingdong1234567

Fred Swanson wrote: »

It would depend on how they were deleted.

Deleted from outlook and the deleted items box as well. My friend reckons they are still on the email server though. But that's not confirmed just my friends assumption I guess.

Esel

Pretty sure deleting them on the client side has no effect on the server. At the very least, even if purged from the server by an admin, they would still exist on backups.

The manager is a fool - will probably send another e-mail asking your friend to delete the original 'delete' e-mail next.

28064212

Hi [manager],

I generally avoid deleting emails and just archive them instead in case they ever need to be referenced. If you could just get HR and IT to confirm in writing that these emails should be removed from all company property, I will of course be happy to comply

Regards etc.

.

foxatron

The fact that their line manager was stupid enough to actually put it in an email says it all. They should not delete something especially when they now know it could effectively be evidence in whatever is going on there. They should tell their line manager that they will happily do it if the head of HR or the dept asks them to. Then tell them they've forwarded on the email to both for efficiency purposes.

28064212

foxatron wrote: »

The fact that their line manager was stupid enough to actually put it in an email says it all. They should not delete something especially when they now know it could effectively be evidence in whatever is going on there. They should tell their line manager that they will happily do it if the head of HR or the dept asks them to. Then tell them they've forwarded on the email to both for efficiency purposes.

All good apart from the last line. It would be a really stupid idea to get their own line manager in trouble. It's unlikely the manager would be fired, but very likely they'd be pissed off

dingdong1234567

Esel wrote: »

The manager is a fool - will probably send another e-mail asking your friend to delete the original 'delete' e-mail next.

Believe it or not the line manager did actually ask my friend to do this. Delete the email then delete it form the delete box too.

lifeandtimes

A line manager trying to cover their tracks or even asking to delete emails for same is certain case for dismissal.

Op tell your friend to report this incident via a whistle blower option for the company or if that's not available inform the line managers manager.

Deleting emails from a pc will not delete them from the server so the line manager is fecked either way

foxatron

28064212 wrote:

All good apart from the last line. It would be a really stupid idea to get their own line manager in trouble. It's unlikely the manager would be fired, but very likely they'd be pissed off

I was Exaggerating with the end bit to make the point but im not sure i agree with your view, you think the friend shouldnt do anything in case they piss off their line manager who has asked them to delete information that could be looked for in a foi? I dont think id delete it. But if they did theyd want to be saving that email the line manager sent!

28064212

foxatron wrote: »

you think the friend shouldnt do anything...

No, I posted exactly what they should do: tell the manager that they'd have to provide confirmation from other departments. It just didn't include telling the manager's boss/HR on them

nuac

MOD
Closing this thread.
Poster or friend should get legal advice.
NB the days of standalone PCs in organisations have long gone.
In fact the request re deletion of emails is stupid enough to raise suspicions of a wind up