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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Ok, the specific request from the university was that i hand

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Ok, the specific request from the university was that i hand over all emails with that had the complainants name in them. So i may have corresponded with a colleague mentioning him/her but am i legally obliged to allow them to read such correspondence when it was not directly addressed to the complainant. E.g i may well have saud privately so and so is a whinging whatever..but surely that cant be used in a disciplinary case any more than phone tapping could
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hi there, just because the name may have been mentioned in emails does not mean they can automatically require you to disclose such correspondence. The key is still in the policies in the workplace about monitoring of emails and what the employer can do. In the first instance you can complain internally by raising a formal internal grievance. If you are unhappy with the outcome you can appeal to the employer.

If the employer takes disciplinary action which results in dismissal then you can consider an unfair dismissal claim. This is on the assumption you have at least 2 years service with them. You have 3 months from the date of dismissal to claim.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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