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Ben Jones
Ben Jones, UK Lawyer
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I have a really strange question but I imagine this comes

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I have a really strange question but I imagine this comes under employment.
I work in an admin team and we take it in turns to work every few Saturdays. I've found out every Saturday my colleague works he goes on grindr, a gay dating app.
I found this out because I am also gay, I live locally and use the app discretely.
He messaged me without knowing it was me (I had a blank profile) and I sent him a fake pic in response as if he knew it was me, he would have blocked me.
Anyway he said he wanted sex and could accommodate in the work toilets. I asked if he had sex at work before and he said no, but sucked guys off. I obviously didn't meet him and the conversation stopped at the stage where he gave directions.
Should I go to HR about this? The issue is I used a fake picture, could that be seen as entrapment? He contacted me first.
We don't have proof on cctv as he just said 'Meet me at the top of the escalators which is near the toilet', obviously It didn't get to that stage! We are a ticketing company and deal with customer details including bank info so I'm contacting you as what if somebody knew what he was doing and blackmailed him? Shouldn't I report him to HR?
I guess the only way of catching him is security monitoring on Saturdays until he goes toilet but its tricky. I think the toilet he uses doesn't have cctv near it.
I have saved the conversation, Should I just forget about this or report it?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you happy to share the evidence, for example dos the employer know you are gay and are you prepared for them to know that you were on the app as well?

Please note I am mobile today so may not be able to reply fully until later in the day thanks

Customer: replied 1 year ago.
Hi ben, that is fine please do reply when it's easier for you.I have saved the conversation and I don't mind going to HR with it. My employer knows I am gay. The reason I message you is because whilst he contacted me first, I used a fake face pic as obhiously if he knew it was me, he wouldn't have continued. I wanted to double check if that's breaking the law, entrapment or anything?Am I best off just going to HR with this? Thing is.. its my word against his, I have the conversation but he could just claim its fake? Theres no psychical evidence as nothing technically happened other than whats recorded.

Many thanks for your patience. The first thing you should bear in mind is that just because he has said he had done this does not mean he actually has. He may have said it to try and get a reaction out of you (whoever he thought you were), to make it sound more sexually appealing, say with a degree of dare and danger in it and so on – you know what I mean. So unless he puts his hands up and admits it once challenged or there is more credible evidence to back such allegations up, it could just be hearsay, even if he had said it to start with. SO your concerns are valid and he could deny it all and claim it was just a joke or done to get a kick out of telling such a story or to get a reaction out of you.

You have not done anything illegal really so do not worry about that. It is not entrapment, this is a much more serious matter where the police use deceitful methods to try and make someone commit a crime and then charge them. You pretended to be someone else, in itself that is not really a serious issue, or an unlawful issue at all, even if it resulted in someone admitting to a potential crime or act of misconduct. So do not worry about any legal repercussions.

Whether you go to the employer with this is really u to you – no right or wrong answer here I’m afraid. There is no duty on you to report this, unless you had a specific policy requiring you to. This is a moral call more than anything else so the final decision rests with you. I have explained the legal bits and nothing in law would tell me to advise you that you must go ahead and report this so this is something you have to consider.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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