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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50161
Experience:  Qualified Employment Solicitor
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Can my employer legally purchase private conversations that

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Can my employer legally purchase private conversations that I have had with another company?
Customer: replied 2 years ago.
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Hello what type of conversations were they and why do they want to purchase them?
Customer: replied 2 years ago.
My employer which is a Car dealership are trying to get copies of the conversations that I had with MINI about a recent incident where by my car rolled across a car park and into another vehicle with the handbrake applied. They are trying to get hold of the conversations to use the, against me to try and give me a disciplinary. The nature of the call was a conversation to customer services about whether the manufacturer should accept liability for those damages caused if the car was proven to have a malfunctioning handbrake part which would have caused it to roll. In the call I never mentioned my employer in any sort of negative way,in fact only mentioned them so far as to say I worked for a MINI franchised dealership and having my car looked at would be easy as I could take it to work. My employer are not happy that I spoke to MINI about taking the situation further if they accepted liability for the handbrake issue and then not for any consequential damage. This is what they are trying to use against me. The calls Are made from myself as a MINI customer to MINI customer services and they re made on my personal mobile device and home phone. No calls were made on work telephones or on work hours.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible.
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Hello, it wouldn’t really be possible for the employer to do this as MINI should protect these conversations under data protection rules. There is nothing stopping them from approaching the company to try and get these recordings but MINI should refuse this on grounds that the employer was not a party to these conversations and as such should not be allowed to hear them. Of course they can still disclose them if they really wanted to but if that happens you can complain to them directly by using their dedicated complaints procedure or report them to the Information Commissioners Office for breach of data protection. In addition they will have certain duties to protect the recordings and keep them safe under the Regulation of Investigatory Powers Act 2000.
You may wish to contact the company yourself now to try and remind them of their duties and hopefully that will prevent any disclosure.
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
Customer: replied 2 years ago.
Thank you so much Ben, I will wait to hear back from my company to see if they try and use the recordings from MINI as any basis of discliplinary then I will approach the situation as you have suggested.
Customer: replied 2 years ago.
How long will this conversation be open if I do not rate you yet? Just in case I need you within he next few weeks?
Hi, you are only able to ask follow up queries within the next 7 days on the same thread (whether you rate or not) so if it is after that time you will need to post a new query. However, there is a subscription option where you can ask a number of questions for a set monthly fee - heck the homepage for more information. So the rating does not affect the ability to ask questions if needed but it is required to process the credit for the advice, thank you
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