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tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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My employer has cleared my desk and has removed personal letters

Customer Question

My employer has cleared my desk and has removed personal letters and taken them to his house this is another incident that has left me feeling victimised and bullied
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, think you for your question. My name is Tony and I can assist you with this.

tdlawyer :

Do you know whether the employer has a reason for doing this? If so, what do you think it is?

JACUSTOMER-qttcgjlg- : My employer has cleared my desk whilst I was on holiday and has taken my personal stuff to his house such as my bank statements and a finance arrangement for my car
JACUSTOMER-qttcgjlg- : Ihe is trying to pressure me into resigning he also now claims he has found financial documents relating to the business in my desk which is a lie
tdlawyer :

Okay. How long have you worked there for?

JACUSTOMER-qttcgjlg- : six months
tdlawyer :

Okay. An employer than snoops and takes an unkeen interest in your personal effects might be held to have breached the implied term in your contract of employment relating to "mutual trust and confidence", which means you both have to trust and work sensibly with each other.

tdlawyer :

If substantiated, this would allow you to resign and claim constructive dismissal. But, you do not have the usual 2 year qualifying period to claim unfair dimissal.

tdlawyer :

So you would, at best, likely only be entitled to your notice pay.

JACUSTOMER-qttcgjlg- : Thank you I am entitled to a bonus where would I stand with that
tdlawyer :

What does your contract say about the entitlement to the bonus? Do you need to be employed for certain times etc? Because you need to be careful about this.

JACUSTOMER-qttcgjlg- : Ok will look at my contract I did figure I would only be allowed my notice pay but it was worth asking
tdlawyer :

Are you there?