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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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Hi, My ex employer has recently accused me of purchasing goods

Customer Question

Hi, My ex employer has recently accused me of purchasing goods on his account, he decided to take a photocopy of my driving licence to the manager of the shop as apparently my description matched. I left the company over two years ago and my driving license photo card is almost 10 years old.

I was arrested for "fraud by false representation" its still under investigation and as i never actually committed this offence im confident it will all be resolved.

Im however angry and upset that i was accused in the first place and would like to know if i can do anything about this such as wrongfully accused, data protection act etc.

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

What action are you hoping to take?

What do you want to achieve?
Customer: replied 3 years ago.

I want to know if my ex employer has broken any laws by using a copy of my driving license and by also visiting the owner and practily saying "was this him" resulting in me being arrested.


 


I want to press charges for any laws he has broken

Expert:  Jo C. replied 3 years ago.
No. He is perfectly free to behave in this way unfortunately. He is not an officer. He is not bound by RIPA.

It will obviously reduce the probative value of any subsequent ID parade as it might be argue that he will just be picking out the person that was shown to him by your former employer but thats the best you can hope for here.

There is no offence in an employer conducting his own investigation in ways that do not conform to PACE and then making a report to the police.

I'm very sorry but he has done nothing unlawful.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok, thanks for your time, just a query about the data he has of me, is he allowed to keep and use a copy of my drivers licence after two years of me leaving the company, Thanks again

Expert:  Jo C. replied 3 years ago.
He is for these purposes.

He is potentially a data controller under the DPA and so should not issue it to third parties but a report of this kind to the police would not offend I'm afraid.

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