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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have been suspended from my job pending an investigation

Resolved Question:

i have been suspended from my job pending an investigation into inappropriate behaviour as a Manager , by Procuring an image of a member os staff form their Facebook and sharing it with a competitor.
The statement above is from the letter i received in the post the next working day form me employers.
What happened is i was having an out of work conversation on my private phone with a friend of mine of 18years who happens to be a Manager of our closest rival garage. In conversation he ask how our staffing was as i did with him, i informed him we had a new trainee just started , i said she's a good looking girl and should do really well selling our brand of Cars. He replied what does she look like, i sad i would think she would be on Facebook have a look. He said he wasn't on Facebook so asked me to send a pic. Not being a friend of said female i searched and found she had an open profile which had a public profile picture to which i took a screen shot of on my phone and then sent this to him.
Please can you advise as it was a public profile picture and to be honest didn't even give it a second thought.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is***** am an employment solicitor and I am happy to help you today. How long have you worked for the employer for?
Customer: replied 1 year ago.
2 years in July
Expert:  Jenny replied 1 year ago.
How did this come to the employer's attention? Have they suspended you and invited you to a disciplinary hearing?
Customer: replied 1 year ago.
it came to light via another member of the sales team. From what i can gather the story had been completely twisted !!! it was made to look like this girl had been sending me pics and that i had been them sharing them with this other manager.
Customer: replied 1 year ago.
The girl in question hasn't got an issue as she knows the truth and the person who has bought this into the work place has twisted the story to make it look bad.
Customer: replied 1 year ago.
i haven't been invited in for a disciplinary hearing as yet , this is only the 2nd day i have been off for.
Expert:  Jenny replied 1 year ago.
Ok the primary problem for you is your length of service. With less than 2 years service you can be dismissed by your employer for any reason, so long as it does not discriminated against you contrary to the Equality act (on the grounds of sex, race, religion,disaiblity or age), this means that if the employer dismisses you before July you will not be able to claim unfair dismissal as the Tribunal will not have jurisdiction to hear a claim. All you can do in the circumstances is say you didn't realise you were doing anything wrong as it was a public picture and that now you know you cannot do this you apologise and will not do it again and appeal to them to give you another chance. This is the basic legal position. I would be grateful if you would take the time to give my answer a positive rating as I am not otherwise credited for my time. I will be happy to answer your follow on questions.
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