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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47875
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I resigned my job as I had taken money from my company. they

Customer Question

I resigned my job as I had taken money from my company. they have not taken any crininal action or civil action as yet. I have had a meeting and admitted everything and offered repayment they confirmed I could make a repalyment offer which I did and they asked me to sign a letter confirming they events that have took place. I have been diagnoised with lifestye adjustment disorder and have been taking anit depressants and having councilling. i have suffer this for over a year and this clouded my judgement and is why i did this tebbible thing. much of it is due to pressure of work. i now have a new less pressured job and they are threating to tell my new employer as to what i did. they have also shown my signed confession to all the staff at my old company. Can they do this . its not really fair. i have been honest and candid and have siad i wish to put things right .
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. When did you start the new job?

JACUSTOMER-9gjmln9q- :

4th Febuary

Ben Jones :

ok let me get my response ready please

JACUSTOMER-9gjmln9q- :

no worries

Ben Jones :

Whilst I agree that hat the ex-employer is trying to do will be morally wrong, legally it won’t be. What they are doing would be the same as providing a reference to a new employer – they can mention information about you but in doing so they must ensure that they are telling the truth. So if the contents of their comments are factually correct and reflect the truth, they would be legally entitled to do so, even if it would be seen as immoral.

In terms of the letter, it could be a potential breach of data protection if you are identifiable from it. Whilst it is something that can be reported to the Information Commissioner’s Office but it is a minor issue or them so they may not take it any further. Also you cannot seek compensation for such a breach so it is really more a matter of using the allegation of making the breach as a threat against the employer when making a request for them to stop doing what they are doing

JACUSTOMER-9gjmln9q- :

my new employer has not requested a reference from them as they knew me . or doesnt that matter

Ben Jones :

well the issue is you could again argue it is a data protection breach as it has not been released following a formal request, but the same issues as above occur. I would hope that as the new employer knows you then they would take no notice of this correspondence

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Expert:  Ben Jones replied 3 years ago.
Hello Lesley, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you