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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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can i know the full extent of complaints made by a coworker?

Resolved Question:

can i know the full extent of complaints made by a coworker? Some of their complaint letter was made known to me in an investagotory meeting - but not all of it
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you tell me was a disciplinary made because of the complaints please

Customer:

yes it was an investigatory meeting i was invited to attend made of complain(t) made by coworker against me

Customer:

because of complaint

Customer:

one complaint was raised in meeting - but anothe r complaint that was in the letter was skipped over

Customer:

i was told it was not something they could investigate - but do i have any right to know what it was regardless

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

thanks

Ben Jones :

generally, if the complaint is not pursued by the employer then it does not need to be included as evidence in the disciplinary and you would not be provided with details of it - it is not something you are disciplined about so you do not need to know about it. You could try and ask for a subject access request under data protection, but if the complaint was made in confidence then the employer will have a duty to preserve that and does not have to disclose it to you. Had the complaint been pursued as part of the disciplinary process then you could have expected to see it as part of the evidence against you but not if it was rejected by the employer and not pursued in the disciplinary

Customer:

the other part of the letter was not made in confidence - because they told me who raised the complaint

Customer:

so that could be in my favour do u think ?

Ben Jones :

to an extent but you cannot really force them to disclose it, you don't have a legal power to force that disclosure so if they refuse then your options of forcing them are rather limited, especially as it does not form part of the disciplinary against you

Customer:

ok thanks. one thing i was wodering - why is advice on this website published online

Customer:

rather than just kept between us

Ben Jones :

this is part of the terms, it is how the creators of the site have decided to run it, if you want this can be locked for privacy once we have finished

Customer:

it seems unfair that others can search for an answer i have paid for

Customer:

but i accept ur reply

Customer:

would prefer this to be hidden though - thanks

Ben Jones :

you get tailored advice to your own query, but I'm afraid having this as a public forum is part of the user agreement so if you are unhappy with it from the start then of course you do not have to use our services

Customer:

ok thanks - so just finally i do not have any right to request the letter of complaint

Customer:

request to see it

Ben Jones :

you can request it, you can do that at any time, you just cannot force them to disclose it if they refuse

Customer:

ok perfect - thanks

Ben Jones :

you are welcome, all the best

Customer:

can this conversation be sent to my email address

Ben Jones :

we cannot email customers but you have a few options:

a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

ok thabks again

Customer:

goodbye

Ben Jones :

bye

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