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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I sent a card which contained a private message to my work

Customer Question

I sent a card which contained a private message to my work colleagues at their place of work, someone else opened this card( told the person whose name had been omitted) what the card message said inside (although it did not mention any names), my employers are now accusing me of harassment and violation.

This person would not have been aware of the message if it had not been opened by someone else. Is this appropriate for them to carry out a displinary procedure
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What was the private message about? We need to know what you have done and what you intended in order to answer you. We need full background please.
Customer: replied 4 years ago.

I have been a Team Leader happily until recently for 19 years at the same care workplace. . A certain staf membrf who has caused trouble with all other staff began to complain approx. 6 months ago that she was not being treated by myself the same has the rest. I ask my Manager for help with this, he declined. This staff member then brought about an Harassment investigation when I was proven to be not guilty. Her complaints continued, until I have recently requested a transfer due to being so unhappy with the situation. Upon my leaving I wrote a private card addressed to my colleagues. The message inside said Will miss you lots. stick together. look after yourselves and beware of the witch. The staff member that has constantly accused me of wrongdoings was not included on the card, because of this my employers say I have harassed and violated her. This card was opened by another staff from a different unit who was working a sleep-in shift (although the card was addressed Private to a specific colleague) she then,,photographed on her mobile and then showed the message to the person making the harassment allegations. I now have a disciplinary meeting, because my employers agree with her. Surely this person would not have been aware of the contents if a private correspondence had not been opened and shown to her. Many thanks.

Expert:  James Mather replied 4 years ago.
Thanks. How can they discipline you if you have now left?
Incidetally it cannot be harrassment if the course of action wasnt addressed to her which it wasnt.
If anything, the person who showed it is more culpable!
Customer: replied 4 years ago.

No I have not left the trust which I have worked for the last 20 years I have just transferred to another unit because of lack of support from my Manager with this ongoing onslaught of being accused of harassment from just 1 member of staff, despite remaining staff verifying to him that all staff were treated with respect and fairly but he has been reluctant to

to offer any help when I have asked him to intervene.

Expert:  James Mather replied 4 years ago.
So was the "victim" named or just referred to as the "witch"?