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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Madam,I submitted a formal complaint against my

Customer Question

Dear Sir/Madam,
I submitted a formal complaint against my ex-supervisor who without my knowledge made changes to my clinical opinion regarding a patient and sent it to his GP. Posing as me. Prior to doing this she wrote a separate letter to his GP asking him to destroy my letter.
In the first formal grievance meeting , it was decided that this supervisor did not impersonate me and that her act was not fraudulent. I am in the process of taking this issue to the formal appeal stage however in preparation for this meeting I need to know the position law will have on such a matter. By that I mean as far as the law is concerned is the act of using someone's name to write a letter considered fraudulent and or impersonation ?Can I sue the Trust?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
I started working on 22/4/14 and may I also inform you that I am a fully qualified and accredited profesional
Expert:  Ben Jones replied 1 year ago.
Have you suffered any losses as a result of this?
Customer: replied 1 year ago.
First of all can you please advise if posing as someone else at work in the way she did a fraudulent act?
Secondly if the Trust does not consider that she acted fraudulently, will they be condoning such as act?
And to answer your question, yes I feel voilated that my professional name was abused. I am suffering from stress as I now feel that I am being victimised.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Impersonating someone is not in itself an offence, unless you were impersonating a police officer or a lawyer. If these did not apply then the impersonator may be a committing another offence depending on what they do when they impersonate someone else. This could be fraud, defamation, etc.
This is not a case of fraud. For it to qualify, you have to show it meets the criteria under The Fraud Act 2006 which makes it an offence to dishonestly make a false representation with the intention of making a gain or causing a loss. However, this gain or loss must be loss of money or property. Loss to reputation will not qualify.
Defamation would be when someone makes a false statement about someone else and it is in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided. You must also show that its publication has caused or is likely to cause serious harm to the reputation of the claimant.
So these are the times when this offence may be unlawful. You cannot just sue the trust unless you can show that they had some form of vicarious liability. By that I mean there has to be a link between what the employee did and their job so that the employer could get involved. The key question of any case of vicarious liability is whether the employee was acting in a personal capacity, or in the course of their employment. This can often be difficult to determine however in this case there is a link between their employment and what they did so it is a potential option. However, remember that to be able to sue you must show that there was either fraud or defamation and that losses have been suffered.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
I believe there is a clearly a gain for the service within this Trust because subsequent letters were written to dissuade the patient from filing a formal complaint.
By writing the first letter to the GP as herself telling the GP that my letter was inaccurate , she has presented me as a liar to the GP.
By writing the second letter using my name and without my knowledge , she has given the clear impression that I admit there were inaccuracies in my first letter.
Given this additional info , what do you believe she has done wrong in the eyes of the law?
Expert:  Ben Jones replied 1 year ago.
It is still unlikely to be fraud but more likely to be a defamatory statement. The issue is that whilst you could make an internal complaint about this, pursuing a formal claim is very difficult and expensive. So that is why it is an unrealistic claim to make in the circumstances as you would need in excess of £15,000 just to make it and get it off the ground. As mentioned it does not stop you raising this with the Trust and asking for a settlement but if they refuse you must seriously consider the risks of making such a claim especially as there is no guarantee you would succeed so you could find yourself significantly out of pocket.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.

Thank you for your very useful responses.

Just one last question; is it correct to assume that if she signed this letter as me , it still would not be considered fraudulent?

Expert:  Ben Jones replied 1 year ago.
Many people misunderstand what the fraud actually is. It is fraud to sign a cheque in someone else's name and her the money. It is not fraud to sign a letter posing as someone else unless there have some gains for that person, usually financial.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Mr Jones,
Matters at work continue to be extremely stressful to the extent that my position in the trust is not untenable and I can't stay there any longer. I am being made to feel as if I am at fault and obviously I am not. I have reported all of this to the occupational health who has reasonably supportive but this is insufficient to support me continuing in my position.
Under the circumstance, do you believe there are grounds for requesting a compromised agreement and if so how and when do I go about doing it?
Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks
Customer: replied 1 year ago.
Thanks, ***** ***** as a new question
Expert:  Ben Jones replied 1 year ago.
Thank you will deal with it as soon as I can

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