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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61099
Experience:  Qualified Employment Solicitor
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Is it legal for your employer to actively approach a

Customer Question

Is it legal for your employer to actively approach a targeted group of other employees to seek any evidence on someone without cause then use this in an investigation against you ?
Submitted: 8 days ago.
Category: Employment Law
Expert:  Nicola-mod replied 8 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 8 days ago.
I’ll wait thank you..
Expert:  Ben Jones replied 8 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 8 days ago.

Please provide some more details of your circumstances.

 

Customer: replied 7 days ago.
I was accused of something in work . Management sent emails to people asking for evidence. It was investigated and I was found not guilty of all charges
Expert:  Ben Jones replied 7 days ago.

How long have you worked there for?

Customer: replied 7 days ago.
21 years
Customer: replied 7 days ago.
I’m still working there . I’m now being treated for depression and my whole career prospects have gone and my name is mud though not guilty.
Expert:  Ben Jones replied 6 days ago.

Ok thanks. To be honest there is nothing wrong with the employer approaching people and asking them for any relevant information about these allegations. When you are facing allegations, the employer is expected to conduct a reasonable investigation into the allegations before deciding whether to take it further formally. What happened may not feel nice as you are on the receiving end of it, but it is not unlawful.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

 

Customer: replied 6 days ago.
They didn’t do a initial fact find . They searched out people without an allegation about me .They went looking and an allegation came from the search! I was suspended and they took 3 weeks to appoint an investigator! All charges dropped and no case to answer . Even the third person I couldn’t go after because I was told don’t bother and then threatened with “ you never know what my come up next time”
Expert:  Ben Jones replied 6 days ago.

A lot of what they did is unethical, rather than unlawful. There is a big difference.

 

From a legal perspective, the only thing you can do to take it forward legally, is to resign and make a claim for constructive dismissal but the risk there is that you are going to be giving up your job to pursue this and there is no guarantee you would win.

 

Does this clarify things a bit more for you?

Customer: replied 6 days ago.
So they can openly target me with false claims because they wanted shut off me and I can do nothing in the law ?
Customer: replied 6 days ago.
Can I add this is the Fire Service.
Expert:  Ben Jones replied 6 days ago.

You can do something in law but it would mean you resigning to make a claim – you cannot make a legal claim for this whilst employed by them, all you can do is raise an internal complaint but that leaves it in their hands still

Expert:  Ben Jones replied 5 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 5 days ago.
Not really. But thanks
Expert:  Ben Jones replied 5 days ago.

All the best