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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 54538
Experience:  Qualified Employment Solicitor
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My work colleague went through my personal phone that i had

Customer Question

My work colleague went through my personal phone that i had left behind and saw a private conversation with another colleague that was about her and has now saying that we have bullied her and pushed her out this conversation took place last october and she handed in her notice 3 weeks before she read my phone
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: with my hr manager
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: don't think so
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

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

Expert:  Ben Jones replied 6 months ago.

How long have you worked there for?

Customer: replied 6 months ago.
3yrs 5months
Expert:  Ben Jones replied 6 months ago.

Hi there, sorry I had gone offline by the time you had replied. First of all, going through your phone should be treated as a breach of trust and a potential disciplinary matter because she had no right to do so. However, now that she is leaving, it is probably unlikely the employer will take it any further.

As to the allegations against you, unless there are other incidents she can rely on to argue that you pushed her out, it is unlikely she can use this conversation alone. That is because she was not aware of it until she had already handed her notice in, therefore she cannot realistically claim it was the reason for her leaving. However, if there were already other incidents between you and her, then she could try and add the conversation as just another piece to the bigger picture where there was an ongoing campaign against her.

In any event, she is now leaving, and it is for the employer to decide how to deal with it. They can do nothing and just let her go on her way. Alternatively, they could consider investigating this and if they find evidence of wrongdoing, they can take it further such as disciplining you as well. However, as you have more than 2 years’ service, they cannot just dismiss you and they must show there was a fair reason for any dismissal and also shoe that a fair procedure was followed, otherwise you can challenge it as unfair dismissal.

Does this answer your query?