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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Is it legal for a work colleque to present a mobile phone snap

Customer Question

Is it legal for a work colleque to present a mobile phone snap shot of a person sat down with eyes shut,then produce it to their employer and claim that he was sleeping whilst on duty?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. These actions are not illegal, in fact I have been involved in a few cases where exactly such evidence has been used in a disciplinary matter that has even led to the person being dismissed. The issue is how the employer treats this evidence and the investigation they undertake as a result. The employer should not just rely on this photo and then assume straight away that the person was asleep. They would still need to investigate this further and interview the people involved in order to gather more evidence to determine whether this was really a case of someone sleep on duty or something less serious

JACUSTOMER-o25iyper- :

Hi,thought I was being dealt with by a barrister (Remus 2004)?

Ben Jones :

Remus is a criminal barrister, i am an employment solicitor. We do not have any employment barristers but it is irrelevant whether you are dealing with a solicitor or a barrister - both are qualified to advise on the relevant law

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?