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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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JONES if not available expert employment

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FOR BEN JONES if not available expert employment solicitorUrgent immediate fast response requiredHello BenI am now going to an employment tribunal with my case in June. I was made redundant at the end of September 2015, my grounds of complaint being I was wrongly dismissed as targeted because of my age and incorrect consultation and processs.QUESTION I am now at the disclosure stage. When I left my former employer gave me permission and indeed technical help to transfer some personal files from my work pc to a usb memory stick. Among these files was one email file which I have ignored because they were outlook files and I use gmail and I thought they were unimportant anyway. But now I have to disclose all info in my possession to the other side and the tribunal I decided to double check what was in them. I couldn't get them to work at first so needed one remote support session with Toshiba and two remote sessions with Microsoft in total about four hours over two days and I got them working. I now discover have work related emails, some with attachments, as well as personal ones.
Question - if I disclose these can my former employee make a claim against me for breach of contract as I am not supposed to have company information in electronic format or otherwise? Thanks Nigel
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are these documents relevant to your claim?
Customer: replied 1 year ago.
Most of them maybe. I have a lawyer funded by my insurance company who will decide.
Expert:  Ben Jones replied 1 year ago.
I won't be able to call you until after 11, if you would prefer a chat instead of here
Customer: replied 1 year ago.
chat now
Customer: replied 1 year ago.
chat here
Expert:  Ben Jones replied 1 year ago.
has the employer suffered losses as a result?
Customer: replied 1 year ago.
no I have not used the files in any way
Expert:  Ben Jones replied 1 year ago.
You only have to disclose files relevant to the claim at hand. The fact that you had these in your possession, even if there was a clause preventing you from having these there, does not mean they can just sue you for breach of contract. A breach of contract claim can only be made if they have suffered losses as a result of your breach. They cannot sue you and penalise you - they have to show that your breach had cost them something, like lost business, damaged reputation, etc. So they can accuse you of breach of contract but unless they can show losses resulting from that breach, then they cannot actually take any formal legal action against you. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
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.
thank you rating 5 top
Expert:  Ben Jones replied 1 year ago.
Many thanks

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