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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a Home Manager of a care home and looked into redundancy

Resolved Question:

Hi
I am a Home Manager of a care home and looked into redundancy for a secretary that works 10hrs a week for my directors, as her role is no longer suitable, I sent a private email to my director regarding the process, to which the secretary read and then took it upon herself to email to her own private email. I informed her that it was not a definite decision but the company our looking into redundancies.
She has now not been in work without informing me as she has took it upon herself to believe she is redundant even though I told her that it has not been definiate as no consultation process has begun. I was informed my director would speak to her to reassure what was going on, but have found out they haven't, as her line manager I feel that I need to speak to her and sort but she wants to claim loss of earnings etc. Where do I stand with the secretary reading a personal email that I sent to my director confidentially and sending it to her own email address
thanks
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 10 months ago.
11 years in total
Customer: replied 10 months ago.
I am the new manager her original contract in her file states she works 15hrs a week, but since I have worked there I was informed by her it changed and she was now on a bank contract (10hrs) but this is not in her file even though I did find this contract saved on the computer but not signed by previous manager or the employee. I am currenty re- looking t contracts but then my director discussed if there was a need for a secretary as I do most of her work as she is not reliable
Expert:  Ben Jones replied 10 months ago.
Was the email marked as private and confidential in any way? Would she have had authority and access to the director's emails to be able to see it as part of her normal duties?
Customer: replied 10 months ago.
I had put the email in my deleted file, but it was not marked confidential, she has access to emails but unsure why she would look through deleted ones, as part of her duties as was only doing payroll on the day
Expert:  Ben Jones replied 10 months ago.
The issue here is that this was not an email marked private and confidential and this person had access to the email account so technically speaking she did not do anything untoward. You may ask why she was in the deleted folder but she may have been looking for something else, it can be justifiable. However, you can challenge why it was forwarded to her own personal email which is likely to be a breach of confidentiality or breach of communications policy if there is one. What matters now is her position, regardless of how she got there. She is not attending work and se has not been issued with formal notice of termination so legally she would be expected to attend work. If she does not – it can amount to unauthorised absence from work. In this case she appears to have resigned as she has assumed you do not wat her there. She can ask for compensation if she wants bit you certainly do not have to give her anything – she can only force you to do so if she goes to tribunal and wins. You have not really done anything wrong as an employer so she will find it difficult to successfully bring a claim against you. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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