Restaurant staff sending inappropriate messages to my partner. Where do we stand legally?

kh4nieee

Apologies if this is sent to the wrong section. Mods, feel free to relocate this if that's the case.

So my partner has been receiving inappropriate flirtatious messages to her phone from a mystery admirer. It then came to light that this person works at a popular restaurant in our local area and brags to her about how he has seen her with her friend and claims to have even delivered food at our own doorstep.

For the past 2 years, he has been sending such messages on and off and he has been attempting this again, knowing full well that she is married and she has informed this to him. All conversations have been archived and recorded.

I recently went to the branch manager and his non co operation was astounding, by prompting me to take this to a legal route as this was beyond his realm of responsibility. Shocking right? At the end of the conversation, he acknowledged who it was and claimed that he will talk to his Senior Manager, a claim that I don't trust.

Before I go all guns blazing legally and make my first attempt of communication to the company, what legal stand do we have if at all? Breach of Data Protection Act? Stress and inconvenience?

I'd like to know where we stand in all of this before making moves.

Cheers

elsien

Not the restaurant's responsibility - not sure why you think it is. You're not going to get compo from them, so don't bother trying that route.

Your partner has two options.
They can block the number or change their own number.
If they feel they are being harassed they can report to the police for them to deal with.

I'm not in the least bit shocked that the manager has decided they cannot police their employees conduct out of work time unless they've had the phone number from the restaurant records.

How did the mystery admirer get her number in the first place? Did she give it to him?

All seems a bit mountain/molehill to me over a few texts.
Also to add, it's not up to you to go in "all guns blazing" legally. You're not the complainant, your partner is.

[Deleted User]

Hi,


how did the admirer get you wife's number, was it from an order made for a delivery?

Lorian

She will have the option of blocking the number.

kh4nieee

If data has been extracted from the restaurant and onto his personal phone, then how can it not be the restaurant's responsibility? As already mentioned, he has delivered at the house before so there's that. Now I can't remember if we called the restaurant directly or of we used a service like Just Eat, complicating the matter in terms of accountability.

I can confirm she did not give her number to him.

My partner will indeed be the complainant but his unhealthy obsession, coupled with an infant in the house is causing stress and inconvenience to everyone living there.

kazwookie

Block the number on your partners phone.

Or

Change your partners number

[Deleted User]

Hi,


easiest option seems to be, block the number, cook at home, which may save you money eventually in legal fees.

ttoli

I would rather question why they haven't blocked the number already ??

happyandcontented

I think that as you have now complained to the restaurant they will mark his card. Whilst they are not liable for his actions if he has obtained the phone number from their records of orders they will be aware he is on dodgy ground and will warn him off.

To be on the safe side I would also block his number.

KeithP

I don't understand what "with an infant in the house" has to do with the receipt of text messages.

martinthebandit

It's a good job I'm not a suspicious and cynical sort of person......