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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47905
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please can I have some advice? My manager has advised me that

Resolved Question:

Please can I have some advice? My manager has advised me that he has received an email that suggests I made inappropriate comments after interviewing when there was a discussion regarding which team the candidate would be placed in. He will not allow me to see the email but has said it relates to the candidates ethnicity. If it is an inference of racism I am very unhappy. I wish to persue this if this is the case however unless I can see the contents of the email I don't feel able to as my perception could be different from that of my manager. What right do I have to see this email?
Thank you
Nicola
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
22 years
Expert:  Ben Jones replied 1 year ago.
Is any formal action being taken against you?
Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.
Do you know who sent the email?
Customer: replied 1 year ago.
Yes
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. 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. Legally you will struggle to force the employer to disclose the email unfortunately. They are not taking any formal action against you and as such it does not need to be disclosed as evidence as part of the disciplinary process. If it was sent to them by someone else, the employer will owe that party a duty of confidentiality, especially if they have made the complaint in confidence, so they should not reveal its contents without that party’s consent. There is of course nothing stopping you from asking them to release it and ask that they seek the complaining party’s consent but if that is not given, you cannot really force its disclosure. If you know the nature of the complaint and who made it you can of course make your own complaint against this. You will not necessarily see the email still but it would register your dissatisfaction with what has happened and prompt the employer to investigate this to see if anything wrong actually happened. Your interpretation may be different to that of the manager’s but hopefully it will be a different manager who hears the complaint and you will get an unbiased opinion. Even if they disagree with your complaint, the worst that happens is that they just reject your grievance – you will not be penalised for it. S these are really your options, unless you approach the complainant directly and ask them to reveal the contents of the email. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
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Customer: replied 1 year ago.
Ok thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best