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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49855
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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do I have any recourse regarding a colleagues passing on a

Customer Question

do I have any recourse regarding a colleagues passing on a private text message ( sent on a private phone) to my employer. My employer has now questioned my conduct regarding this private message.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you send the message to that employee? Also how long have you worked there for?
JACUSTOMER-xiedwwkn- : I sent the private message to the other co worker and I have worked with the company since aug 2013
Ben Jones : Hi, sorry i was offline by the time you had replied. It is not illegal for the other person to have sent the message to the employer. There are no automatic privacy rights in these circumstances so even if the message was sent between private phones, there is nothing stopping them from showing the message to others. If you are unhappy with the colleague's actions then you are able to make a complaint to the employer by raising a formal grievance but that is just an internal procedure and if the employer does not find any wrongdoing on the other person's part then they do not have to take any action against them, but you have nothing to lose by pursuing that. In terms of your rights now that you may be facing a conduct issue, unfortunately your legal position is not strong due to the length of service you have with the employer. Until you have at least 2 years continuous service you are not protected against unfair dismissal which means the employer can potentially dismiss you for more or less any reason, whether it is fair or not, and regardless of whether it is true or just based on a rumour or false information. Whilst I am not saying this is what will happen here, it is important to know your position should it get to that stage. Hopefully it won't though but just be aware. Hope this clarifies your position?
Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks