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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10340
Experience:  Dual qualified Solicitor and Attorney
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Would like to know if a company or any boss can make a

Customer Question

Hello
JA: Hi. How can I help?
Customer: Would like to know if a company or any boss can make a lawsuit to the company because of:
JA: Has the boss discussed this with a manager or HR? Or with a lawyer?
Customer: a letter that would the parents writ to the boss
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: big boss of the firm
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the letter will speak of the production / the harassement endured bythe employee / details of the work of the employee and his colleagues etc
Submitted: 12 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 12 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 12 days ago.

Yes you could write to the boss of the company about the issues in the company. You could not hold the boss personally liable but may be able to bring legal action against the company. I trust this assists

Customer: replied 12 days ago.
Would like tot know if the father of the employee can write to the big boss of the firm:
- details fo the harassement his son / employee has been a victim of
- details of his son's production
- details of the production and the work of his son's colleagues/team
- details of internal congratulation of several bosses on a production of his son and his boss reactionIf the father writes all the above, can the company, or the bis boss of the company, or the direct boss of the emplyee do a lawsuit agaainst the employee?
Customer: replied 12 days ago.
for any reason
Customer: replied 12 days ago.
breach of confidentiality or diffamation or whatever else reason
Customer: replied 12 days ago.
if any of the 4 details mentioned above should not be written because of a possible lawsuit, please let me know
Expert:  Jeremy Aldermartin replied 12 days ago.

Potentially yes they could argue this is a breach of confidentiality, defamation and also it is highly unusual and not to be expected. It would be expected that a grown man should be capable of taking care of his own affairs if he needs to. I trust this assists

Expert:  Jeremy Aldermartin replied 12 days ago.

The son should complain not their father. I trust this assists

Customer: replied 12 days ago.
thanks but if they argue what you mentioned, they would do a lawsuit against the employee or against the father of the employee?
Expert:  Jeremy Aldermartin replied 12 days ago.

Against the employee. I trust this assists

Customer: replied 12 days ago.
thanks - does any of the four points above (repreated below) could still be written by the father without this risk of the lawsuit on the son?
Customer: replied 12 days ago.
details fo the harassement his son / employee has been a victim of
- details of his son's production
- details of the production and the work of his son's colleagues/team
- details of internal congratulation of several bosses on a production of his son and his boss reaction
Customer: replied 12 days ago.
maybe one or two of them would not be subject to the potential lawsuit you mentioned...
Customer: replied 12 days ago.
Expert:  Jeremy Aldermartin replied 12 days ago.

No because all of them rely on the disclosure of confidential company information. I trust this assists

Customer: replied 12 days ago.
thanks -1/ then can the employee himself writes to the big boss all the four points above ? or if not all, which ones? what potentia llawsuit might he face from the company? from his direct boss?2/ can his father writes to the big boss at least that his son has suffered harassment and undermining in the company and that the father writing expects the big boss to make the right thing for his son as he would have done for his own kids if in a same situation
Expert:  Jeremy Aldermartin replied 12 days ago.

1) Yes he can write all of them

2) No for the reasons I have outlined and frankly, that would be really unprofessional and would undermine the son in the eyes of the workforce in my view.

I trust this assists

Customer: replied 12 days ago.
thanks a lot for your valuable help reallyI am very concerned about this issue.... as I believe you understand...Since harassment and discrimination (on the grounds of race) are both unlawful, if the parent writes ONLY about theses unlawful elements, would the employee suffer the same risk of lawsuit for breach of confidentiality ?I am asking because these issues (harassment and discrimination) are unlawful at the first place
Customer: replied 12 days ago.
I have to say again that your help is highly needed and appreciates, thank you!
Expert:  Jeremy Aldermartin replied 12 days ago.

The issue is the disclosure of information related to the personal affairs of the company outside the company. I really do not understand why your son, who is presumably a grown man cannot raise such allegations themselves. If they raise the issue themselves there is no issue. If they need help with this, the best thing to do is for them to raise the issue with ACAS, who are a government backed agency that helps employees in disputes with employers and because of the nature of their role means your son would be protected when disclosing information to them and they can speak to his employer. I believe it will come across as extremely unprofessional as well as causing legal issues for your son to rely on you to fight his battles for him. I trust this assists

Customer: replied 12 days ago.
thank you -1/well the employee is "broken" in his mental health and since the big boss of the company does not know him personally since it is a big company, I thought it might be of help the father to write to this big boss, But I understand it is not possible witoutrisking legal proceedings against the employee. Right?2/ if the employee writes himself, could he write also o the big boss that the HR has changed, in their report, the content of what he told them, or that would be a breach of confidentiality?Thanks for your such valuable help in this hard time
Expert:  Jeremy Aldermartin replied 12 days ago.
1. Yes that’s right
2. Yes he can say what he wants as long as it’s true
I trust this assists
Customer: replied 11 days ago.
oh yest htis helps a lt thank you. Could he as well speak about the HR investigation? My understanding is that these may be confidential, but it would be spoken about to the big boss of the company to tell him that the interview of the employee was not properly reported by HR etc
Could he mention this without risking any lawsuit for breach of confidentiality?
Expert:  Jeremy Aldermartin replied 11 days ago.
He can discuss anything he wants he is an employee therefore it is not a breach of confidentiality for him to discuss it. I trust this assists
Customer: replied 11 days ago.
thanks a lot!I was meaning to tell him in an email (not verbal discussion) - does it change anything to your reply, or can the employee mention in an email to the big boss of the firm that the HR have changed n their report the content of their meeting with the employee in the course of the HR investigation?
Expert:  Jeremy Aldermartin replied 11 days ago.

An email does not change any of my advice. I trust this assists