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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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i have found personal derogatory emails on a shared drive about

Customer Question

i have found personal derogatory emails on a shared drive about me at work what other staff had access to - what can i do
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

What is the nature of the derogatory remarks please (in brief)?

JACUSTOMER-jtbb1les- :

hi i subject a claim of bullying and harassment 2 years ago at work (i was in fact sufering from stress and had a high workload ) this was upheld in the other persons favour. however since then i have foud that he monitoring my moves in the office as well and detailing whay i did in emails calling me unstable, not normal and sending details og the grievance to his sister his wife etc. i founf this on a shared email drive what several people have access to.

JACUSTOMER-jtbb1les- :

sorry for bad spelling

tdlawyer :

Okay. There are a couple of issues here. Whether the remarks might be defamatory - and they might be if they're untrue and cause people to think less of you or shun you. If there are imlications of mental illness/instability etc., this might be defamatory.

tdlawyer :

Secondly, there is the issue as to him sending confidential materials about the grievance to others.

tdlawyer :

He cannot do this as it should be confidential to you, them and the employer.

tdlawyer :

You could raise both issues with the employer either informally to start with or as a formal grievance.

JACUSTOMER-jtbb1les- :

there were quite a few emails sent

JACUSTOMER-jtbb1les- :

which implicated i was being monitored

tdlawyer :

You think the employer was monitoring you?

JACUSTOMER-jtbb1les- :

Definitely

JACUSTOMER-jtbb1les- :

it is a large institution

tdlawyer :

Okay. You can raise this as a formal grievance with the employer if you wish. They might say that any monitoring was to make sure you complied with internal policies on the use of IT etc. Obviously, there is no point in second-guessing what they will say about this, you need to put it to them really and hear their explanation, but naturally you should take details of what you have seen and the evidence you have that the employer might have been monitoring you.

JACUSTOMER-jtbb1les- :

what about the emails on the shared drive that other staff had access to

tdlawyer :

This is a cause to complain of course. No employee should be sending derogatory emails about you, and certinly not allowing everybody to see them.

JACUSTOMER-jtbb1les- :

you see i am facing a disciplinary hearing in a couple of weeks regarding my distrust of management so this info i have i am using - i have worked there for 24 years and the outcome is largely dismissal

tdlawyer :

Why have you rated poor service please?

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