Online business banking access

[Hayaain]

When an employee of a company signs up with the companies bank to enable access to the bank accounts are the login and password details specific to the employee and should not be shared with anyone else?

The Clydesdale Bank have refused to let me have a copy of the application form I signed to be a registered user on behalf of the company I worked for. I was asked to give my passwords to a new employee and as a result of this and another issue I was dismissed.

I did not want to be exposed to the possibility of being accused of fraudlent transactions if my passwords had been used by someone else.

It is important for me to establish the legal position on this and I need assistance on how I can get a copy of the document I signed.

[boxtops]

I would say that they are specific to an employee (within a given frame). At our place (and it's not a bank) we all have passwords to get into our own accounts, and it's a serious disciplinary offence to give my password to someone else.

If you are thinking of pursuing unfair dismissal, your staffside rep would be able to get this information for you. All material documentation has to be shared with you if it's being used as evidence against you.

However, it's not just that form you should be concerned about - I am certain that you will have a policy at the bank about information governance, confidentiality, etc. - that's what you have transgressed - you need to get a copy of that and study it carefully.

[old-wos-is-name]

I am no expert, but looking in from outside, i would say the bank is correct in not releasing papers. I would suggest that you seek a legal consultation, because I would imagine that only your company can get a copy of the document
so you would need a solicitor to approach your company and ask for a copy of the document.

[Hayaain]

I won my unfair dismissal case. The judge said he would need to clarify a few points before issuing his written judgement. I am trying to establish if I was correct in not passing over my login details. All other employess have their own specific details

[factor-fiction]

I'm not sure I understand this. Did your employer If the company clearly instruct you to pass on the password details? Certainly if that request was in writing then I think you could safely hand over the details without any legal comeback on you

[boxtops]

I am confused now. I read from your OP that you were asked to hand on your passwords, and inferred that you did. Your latest post says you refused. How can someone else use your password, if you refused.

[factor-fiction]

Hi boxtops- the only way it made sense to me was if Hayaain refused to hand over his/her password and was dismissed for refusing to do so.
However the issue is clouded by the statement: "as a result of this and another issue I was dismissed". We don't know how significant the OTHER ISSUE was.

[boxtops]

That's what I thought, factor - I misread the second post.

[Hayaain]

Sorry I should clarify. I was dismissed for refusing to disclose my passwords. This refusal was the main issue and reason for my dismissal and hence my ET claim.

I am trying to establish how I can get a copy of the actual form I signed from the bank as the have refused to let me have this. My former employer says they do not have a copy of the form.

[twix123]

The first principal in any security system is not to share passwords, especially with regards to your employers on-line banking, it can lead to transactions being made under your user identity which were not authorised by you. I would think that you signed an agreement to this effect in the document you lodged with the bank. Unfortunately the bank will probably only release a copy of the document to your former employers, or if ordered to do so under legal authority. It is not surprising that you won your case for unfair dismissal if the only reason given was for not obeying a legitimate order as, in this case, the disclosure of such information would not be legitimate and would be against the best interests of both yourself and the company.

[factor-fiction]

I wonder if there is more to this case than we have been told.

I'm not clear why you would refuse to follow an instruction from your employer. The only circumstance in which I may refuse is if the employer refuses to put the request in writing and I had good reason to believe there would be some personal liability on you for disclosing the password.

Were you in some form of dispute with your employer over some other issue and your response was to refuse to cooperate on the access to the system.

[factor-fiction]

One other thing- if you have already won your unfair dismissal claim I am not sure why you are still pressing to see this document.

[buildersmate]

My sentiments entirely, F30, (which is why I have merely watched and not commented).
I don't understand why Hayaain needs to produce this document for the ET to decide an award.

[Hayaain]

The tribunal are meeting again this week in private (judge plus the two lay members). The judge said it was one of the worst examples of how the ACAS code had been abused he had seen in many years and that the 25% uplift would be applied.

He went on to say there were two points the panel members had not agreed on and these would need to be decided before an award is made. One of these is if I was justified in not providing the passwords to the business owner when asked.

I would like to submit a copy of the actual agreement I signed rather than the current T&C's from the bank web site.

[buildersmate]

OK, I understand. Belt and braces approach. The only thing extra you could do would be to write to the ex-employer requesting them to give the permission for the online bank to release a copy of the original agreement. They are probably that fed up with the course of events that has been driven by their own stupid actions and woun't take any action, but it would demonstrate to the Tribunal that you had taken every action possible to expedite the situation.
If you don't fancy doing that, just show the Tribunal the correspondence from the bank denying the request - they will understand.

[Hayaain]

Many thanks buildersmate. I have copied all letters and replies along with a full copy of the T&C's from the bank to the ET judge. He should see I was attempting to do the right thing all along.