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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50178
Experience:  Qualified Employment Solicitor
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I am retired but do a job share as a driver for a small

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I am retired but do a job share as a driver for a small business Recently the stand in manager (manager was on holiday) allowed one of the customers to access my personnel phone as I was sorting a delivery out and put a blocked password ***** it which I could then only acces emergency calls. The problem was exacerbated as I was (and the stand in manager knew) to go on holiday the next day and touring abtoad on my motorcycle which my phone was the only safety net for any possible problems. Also my wife has been working away and the mobile is the only way I can keep in touch with her so cutting this link off.
What I cannot understand and the stand in managers perverse attitude is that he never told me ie after work or even the next morning that they ie the customer and him had tampered with my phone and I spent 4 hours on the home phone that night to try with the service provider and software company to re-set the phone to no avail. I rang next morning and distraught had he tampered with my phone but could not care less but did pass me to the same customer who admitted doing it but even with the password ***** The phone was by default of the tampering s by ther provider rendered the phone inoperative, can you please give me any ideas as to how to continue to press the overall owner that this is or has to be unacceptable and that I cannot feel that I can continue at this workplace thinking that maybe my personnel effects have or may be continued to be accessed without my permission. with this stand in manager continuing. Your help or any help would be much appreciated. John PLYMOUTH

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 1 year ago.
since last december ie 9 months

From a legal perspective your rights will be rather limited unfortunately, mainly because of your length of service with the employer. In these circumstances the main option for you would have been to argue that the employer had breached the implied term of trust and confidence between you and that would usually allow you to consider resigning and making a claim for constructive dismissal. However, to qualify you need to have at least 2 years’ service with them, which you do not have. So whilst you may feel that you cannot continue working there, you cannot bring in any claim against them as you simply do not meet the minimum criteria for claiming in such situations. So you are able to challenge the employer internally over this, for example by raising a formal grievance but this is an internal process and the outcome rests with the employer. If that is unsuccessful then you will not be able to pursue it further under any legal routes. So whilst what they did is indeed immoral and unacceptable, from a legal perspective your options are as described above.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 1 year ago.
Thats fine thank you I realise there would be a limited possibility but will respond with a grievance complaint and see how I feel and the owners response Its not the end of the world but was just an anxiety I could have done without The jobs not worth the hassle in the long run Many thanks for your response. I just wanted the very quick reasonable response and it was worth the fee for that satisfaction. Regards ***** *****

You are most welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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