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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80790
Experience:  Over 5 years in practice
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My ex sent an email to my 2 employers with all of our

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Hi there, My ex sent an email to my 2 employers with all of our Whatsapp conversations. This has been deemed malicious communications.
JA: Where are you? It matters because laws vary by location.
Customer: Hampshire England
JA: What steps have you taken so far?
Customer: The police have been contacted. I have made a Right to Erasure request with my workplace.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

What would you like to know please?

Jo C., Barrister
Category: Law
Satisfied Customers: 80790
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 16 days ago.
Do my employers have a right to read through the messages included in my exes email?
Customer: replied 16 days ago.
Sorry I would like to remove the phone call request
Customer: replied 15 days ago.
Hi, I had a call from one of your agents. Please could you send me official documentation confirming that my workplaces should not be reading these messages or using them as evidence as stated in the call in acordance with GDPR regulations? My email address is***@******.***

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Thank you, ***** ***** employer knew what the information was prior to reading it then they should not have done this,  however it would be difficult to prove this.   I don't see that your employer is at fault for reading a correspondence they have beens sent,  however, from an employment law point of view, this should be the end of the matter.  Unless it directly brings the employer into disrepute, they cannot take disciplinary action against you for actions outside of the workplace.  They should erase the messages as requested and that should be the end.  In terms of your ex doing this then you are right to speak to the police, if they continue to behave this way then it could constitute a harassment,  and you would be able to take action for this.  If it continues you could also look at obtaining a non-molestation order against them.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 15 days ago.
Hi there, the correspondence that my employer was sent was an email which included WhatsApp messages which were screenshotted and attached to the email. The ex's email specified that these were WhatsApp messages, and yet my employers still accessed them. Each file was named "WhatsApp" with a date included, so my employers were aware that the attachments they were reading were 300 pages worth of my private WhatsApp messages. I recognise my employers were not at fault for reading the email, but were they at fault for opening the attachments containing my private correspondence?

You are correct if this is the case.

What you require to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the  future,  please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

Customer: replied 13 days ago.
Thanks for this. Had my ex made accusations relating to safeguarding with no mention of any evidence pertaining to this being included in his email, would that give my employers grounds to read through my private WhatsApp messages?
Customer: replied 13 days ago.
I.e. he said that he had safeguarding concerns but said nothing to suggest that the WhatsApp messages contained any evidence of this

That would really be up to a court to determine but I would raise a grievance about this.