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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am defending an ET (as respondent). The costs mounted and

Resolved Question:

I am defending an ET (as respondent). The costs mounted and I was forced to liquidate my company. But I must still continue the ET or risk claims against the IP. So I am defending myself (or rather my company). The claimant is claiming false accounting and tax evasion - those I can deal with. But he is also claiming that I held a young woman in her job through sexual coercion. In the past I have been in to aspects of BDSM but not with my girlfriend. He has brought this up in his claim. That young woman is my girlfriend but due to tensions between her and my partner she shared her feelings with the claimant who was also her friend. The claimant fed this back and made her more unhappy and they shared a dislike of my partner. To support his case he has included documents that were only on my computer and must have been hacked.
My partner now works from home some distance away in her flat she always owned and we actually get on very well. My girlfriend finally realized she had been manipulated and broke off her friendship and the negative exchanges. The claimant then added to the bundle a transcript of a private conversation they had that he recorded on his phone having assured her the talk would be in confidence. When she found out she was very angry and called him in anger. There followed exchanges of texts which I have copied to the bundle. Finally at the last minute his lawyer has sent additional documents which are pictures I took of my girlfriend naked. These pictures were only on my computer and nowhere else so must again have been hacked. My girlfriend is now very distressed. She called the police but they are not ranking it very high. I feel I should make my own complaint. Reading online I see that disclosures are not allowed if they were obtained illegally but how do I prove that. Other advice I have is that the claimant is and was harrassing a co-employee and harassing a witness (she is my witness). What should I do?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** should be able to assist with this.

tdlawyer :

It seems to me then nothing in relation to the sexual conduct issues can be properly raised by this claimant, as any claim (and I'm not saying there is a valid one) would belong to the other employee concerned.

tdlawyer :

If anything, raisng such issues are likely simply to make him look as though he's desperate to muddy the water, distracting himself and others from the merits (or lack of them) of his own case.

tdlawyer :

I would also expect that the tribunal is likely to ignore the transcript that has been included in the bundle. It would appear to me from all you have said, to have very little relevance. This is, of course, unless the basis of claim by this claimant is sexual in nature, it may have some relevance for cross-examination purposes.

Customer:

Many thanks. Your answer is great but it took so long I got other advice. Yours adds to that and thank you. Forgive me for paying a smaller amount.

tdlawyer :

Hello!

tdlawyer :

Are you saying that you would like to pay an amount smaller than the sum you deposited? If so, let me know please so I can inform customer services if that is the case. Otherwise, please do remember to rate the answer for me. Thank you!

Customer:

It seems mean but the answer took too long. But I appreciate the added opinion. Can we say 30?

Customer:

hold on

tdlawyer :

Okay...

Customer:

Back to the original fee. Sorry. I am a bit jaded from all this

tdlawyer :

It's not mean, I understand your decision.

Customer:

Can I ask you one more thing?

tdlawyer :

Yes, of course you can.

Customer:

It's the same thing in a way. The pictures I mentioned were hacked from my computer. We've been to the police who mentioned distribution but hard to go for. And hacking is hard to prove. But the claimant clearly has naked pictures of my girlfriend in his possession. Any suggestion?

tdlawyer :

Well, they would have been taken confidentially, and it's obvious that unless they're generally available in the public domain (which is unlikely!) then you might have an action against him for breach of confidentiality. What's he doing with the pictures?

Customer:

So far he has printed 3 of them and sent them to the bundle. But he obviously has the whole lot and has done nothing with them. My GF is just embarrassed.

Customer:

They were ONLY on my computer and not available

tdlawyer :

Well, it's rather odd, I don't see the relevance of them to your proceedings. And as you say, if they were only available on your computer, they might have been obtained unlawfully. You could write to the Tribunal and ask them to exclude the pictures, making the point that they appear to have been obtained unlawfully. Unless the Claimant can justify their inclusion, the Tribunal is likely to exclude them. As for actions then against him for taking them to start with, you could look for an injunction in the County Court or High Court to prevent him distributing the images and requiring the ones in his possession be detsroyed. This is likely to have to be a claim by your girlfriend though, as it's her picture and her right to privacy etc.

Customer:

ok, that's very helpful. I already wrote to the tribunal.

Customer:

Thanx and good fortune.

tdlawyer :

Thank you!

tdlawyer :

Oh, before you go ... what do you want to do about the fee?

tdlawyer :

Shall I tell customer services to accept £30 in total and refund the balance?

Customer:

no full amount please

Customer:

no refund

Customer:

thanks for your help.

tdlawyer :

Thank you - I appreciate that, and thank you for your time. Please do remember to rate the answer as highly as you can for me.

tdlawyer :

Have a good evening!

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