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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If an employee emails a picture of another with derogatory

Resolved Question:

If an employee emails a picture of another with derogatory and offensive comments an he be sacked
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Could you explain your situation a little more please?

Customer:

Colleague took a photo of myself an another colleague, I was sitting in a car whilst my colleague leaned through the window.

Customer:

The individual in question sent out the pucture to Management calling for immediate action to stop curb crawling!

Customer:

Both myself and my colleague that was featured in the photo/email found it offensive and degrading - as well as subject to ridicule.

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.


 


If the comments that the employee made were not true and done in a malicious manner, causing offence and getting you into trouble without any justification, then it can certainly prompt you to raise a complaint with the employer about this and let them investigate. Before the employer takes any formal action they would need to conduct a reasonable investigation to gather evidence and establish what the employee did wrong, the intentions behind their actions and so on. Once the investigation has been completed they will decide on what, if anything needs to be done to take the matter further. They could drop the matter and take no further action but they could also consider proceeding with formal disciplinary action against the person who made the comments. However, you cannot tell the employer what action to take – this is now going to be down to them. So you cannot call for this person’s dismissal, although you can of course make it clear how their comments had affected you when you raise the initial complaint.


 


So there is a possibility that this could result in dismissal but that is a decision that only the employer can take – you have no call over this.

Customer:

Thank you - the company has a strict IT policy governing its use, Photograph taken was innocent and captures no more then myself in a vehicle talking to a colleague who is standing outside the car and leaning in through the window, conversation was both work related and company property!

Customer:

Neither of us saw the funny side on the contrary!

Ben Jones :

I understand, but any breaches of policy would be considered as part of the employer's investigation - all you can do in the circumstances is to raise a formal complaint, such as through the grievance, cooperate in the investigation as the employer may require you to and then it is out of your hands as the employer decides on what to do with this employee. You can appeal the outcome of the grievance if you are not satisfied with it

Customer:

Thank you - my management were emailed the offensive material and found the curb crawling funny - not going to hold my breath

Ben Jones :

I presume no grievance has been raised yet so if you have not done so already you may wish to consider that as a next step

Customer:

Thank you for the advice - reality is if it had been anybody else, or circumstances different, it wouldn't have mattered. its part of a bigger problem at whose heart is bullying and discrimination.

Ben Jones :

this is specifically where grievances come in and it is what they are aimed at helping employees resolve - the employer will have t follow a formal process to deal with it

Customer:

Thanks Ben.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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