Do I have a case for constructive dismissal?

surreysaver

Conor wrote: »

And that's why you have no case, just the same way the Police would lose a case if it were found that they obtained evidence by illicit means.

But less evidence is required for civil matters, and such strict requirements for proof are not necessary.

bookduck

surreysaver wrote: »

I would have thought that the person who instructed you would be in breech of the company's IT policy, and acted illegally under the Computer Misuse Act, not yourself, as you were only following instructions from a superior. Also, have you actually been trained in the IT policy?

<In a German accent > 'I voss only following orders', is no excuse. We all know what is right from wrong.

Even so, your request should have been in writing, you should not know peoples passwords. Users are the only one that should know their p/w

It sounds like you had a good dig around both first and second times, probably far from the scope of your initial remit. You should have just save the whole lot to a usb stick - in for a penny, in for a pound.

You could have used the data protection act and ask for all items pertaining to you.

It is hard to change how people think and feel about you - ask Garry Glitter! You just have to move one with life and your situation.

omen666

I find it remarkable that they let you login and check the e-mail and also allow you to have the passwords. At the bear minimum HR should be the only ones to authorise access to a employees mails and even then it would be a member of IT who would take this up inconjunction with HR. I work in IT and any decent and respectable company I have always worked in always has these types of policy

londondulwich

Most companies who use IT have a workplace policy which covers email abuse. If it is a condition of the employment contract not to circulate abusive emails, then breaking that policy means they have breached the contract.

If there isn't a policy in place, sending abusive emails could still come under the heading of misconduct. Once alerted of the act management is under a duty to investigate.

Although how they can objectively investigate themselves is questionable.

A black secretary who was leaving happened accross an email passed between two senior managers expressing a wish that her replacement be a "busty blonde".

The secretary recived a settlement of £10,000 after instigating Sex an Race discrimination proceedings.

Email abuse which relates to your sex, (like a miscarriage), is a detriment as far as the Sex Discimination Act is concerned.

The company could counter claim that the printing off of the emails was an abuse of position and constitutes misconduct. (You didn't have to print them off, unless wiped to a very standard, the hard drive has traces of everything that is saved on it. You should have reported it and waited for the disciplinary procedure to take over).

Depending on the intention of the manager when they passed your confidential medical report on and perhaps the use of that information by the recipient, you might have grounds to resign. Although it would be the employee who's emails you opened that would have stronger grounds, if there is no IT policy in place.

Walking out because of management's failure to follow up a report of misconduct is a stronger reason for claiming constructive dismissal. Having grievances addressed is integral to an employment relationship.

mrcow

My brother recently pursued (and won) against wrongly dismissal.

He spoke with ACAS and a solicitor, but without question, the most useful people he spoke with were the CAB. I would seriously get yourself down there ASAP next week and take all your evidence with you.

The advice they gave to us was spot on and it gave us the confidence we needed to sucessfully pursue our claim.

mennie

They dont have a HR or IT dept, its just a small company and both came under my remit.

I only did what I was asked and wouldnt know if an email looked sus until I opened and read it. As far as I see the only thing I have done wrong is to log back in and print them off. Whereas the company has breached my confidentiality. I was also told that if I put a greivance in I would be disciplined for breaching the IT policy.

londondulwich

Excellent, you now have a victimisation claim on top of the sex discrimination claim and the constructive dismissal.

I hope you are recording who said what, when and the exact words used.

mrcow

One thing that was really helpful was to write everything down and type it up. You can add to it as you go along. It certainly saves time later when putting in any claims and also helps you not to forget anything (and helps wth times/dates/conversations etc).


You only have a limited time to pursue any grievance, so need to be getting formal advice now and not leaving it too late.

Ragdolly38

Oo I'm on a roll 2nd post today anyway, you have a right to anything electronically or otherwise stored as part of the data protection act, the firm can charge a fee of £10 but it is well worth it, as they have to send you everything that you have had wriiten about you ie reports apparisals etc if it's in yr personel file , this won't get your emails but you can see if they have written anything else about you and last but not least causes them a lot of work. :heartpuls

roo9

what are the rules to data protection?and if someone working in a bank goes into your account for their own gains and they are found out.where do you stand legally if you find out from someone that this has happened even though the bank has tried to hide it from you,but taken legally steps agaisnt their own employee.can you sue the bank or the person thats been looking into your private affairs?