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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6264
Experience:  10 Years of experience in Employment Law and HR
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I was copied into an email which had an inappropriate image

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I was copied into an email which had an inappropriate image attached to it. I mistakenly forwarded this to a member of Management and am now being investigated. The sender has admitted to sending the email. Another member of management has stated to the author of the email (in the pub out of work time) that they are going to try and pin this all on me and get me in as much trouble as possible. I have not been formally told of an investigation, I was told in the corridor at work by another member of management. What should I do?
Hello and welcome to Just Answer, how long have you worked there for.
Customer: replied 3 years ago.
4 and a half years
Have they said the other employee will be disciplined?
Customer: replied 3 years ago.
They have told me nothing, I asked to speak to a member of management yesterday and was told they could not speak to me due to the investigation, I asked what investigation and he said 'you don't know?' And then went on to tell me the incident is being investigated and I will have a meeting next week about it.
Ok, you really have 2 options, the first is to wait and see what happens, if you are disciplined and not your colleague clearly this is unreasonable and you would have grounds to appeal.

The second option is to raise a grievance that you have not been told formally about the investigation and that you believe, due to what the manager told you, that any investigation and disciplinary will be biased.the employer would then have to investigate your grievance.

Either way forwarding the email by mistake is clearly something that can amount to misconduct ( depending on the employers email and Internet policies), I do not think it will be deemed to be gross misconduct as the employer would have to act promptly and suspend you.

If you have any follow on questions please ask, if I have answered your question please give a positive rating thank you and all the best.
Customer: replied 3 years ago.
Am I in a position to lodge a complaint against the member of management who said they were going to try pin this on me and get me in as much trouble as possible?

Am I entitled to a copy of any investigation findings before I am interviewed or any action is taken?

Is information found in the investigation confidential or am I entitled to see it or ask questions about it?

Thanks a lot. Whilst I do no want to burn my bridges so to speak I do want to make sure I am treated fairly as I made a genuine mistake in forwarding the email to the wrong person, I did not create the email in the first instance and I was meant to be sending it back to the creator asking if I was intended to be copied into it.
Hello, yes you are within your rights to raise a complaint against the manager. If I wasn't clear in my first answer, I was suggesting that you could submit a grievance about the manager as well as the fact that you have not been told that there was an investigation.

You should have a copy of the investigation before any disciplinary hearing as it should form part of the evidence. You are not entitled to it before an investigation meeting as this is just a fact finding mission.

You are entitled to ask questions at any stage of the process.

Hope that helps. If you have any further questions please do ask. If I have answered your question I would be grateful if you would give a positive rating as I am not otherwise credited for my time.
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