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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5438
Experience:  10 Years of experience in Employment Law and HR
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Iv been suspended from work as they say they think I sent an

Resolved Question:

Iv been suspended from work as they say they think I sent an email from a made up account saying I was hr? The email said only a certain gentleman never worked for my company and because I had an interview at the same company ther blaming me!! How the hell do I prove I didn't??
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, how long have you worked there for?
Customer: replied 1 year ago.
Just under 2 years
Expert:  Jenny McKenzie replied 1 year ago.
what was your exact start date?
Customer: replied 1 year ago.
1 of December 11 I worked for the agency in the company from the 15 sep 11
Expert:  Jenny McKenzie replied 1 year ago.
Hello thanks for that, your employer has to show that it has reasonable belief that it was you that sent this email. This might be something like having technical information from a computer to show it was sent from your workspace or having a witness. Unless they can show reasonable belieft then it would be unfair for them to terminate your employment and you would be able to claim unfair dismissal.

Obviously you can't prove that you didn't do it but you can ask them how they can establish reasonable belief that you did it. The shoe is really on the other foot where they have to show good reason to think it was you rather than you disproviing it.

If they take action against you without evidence to support it then you can appeal against the action and if you are dismissed you can claim unfair dismissal.

I would be grateful if you would give positive feedback. I will be happy to answer your folllow on questions.
Customer: replied 1 year ago.
It was sent from a made up account they said and can they request technical information on an email? Will a internet company just release that information just because a company say someone said they where them? So when I go back for my meeting they must hav technical prove or ther isn't really a case?
Expert:  Jenny McKenzie replied 1 year ago.
they must have some reason to suspect you. If they have technical proof then that would amount to reasonable belief. If they do not have technical proof it does not necessaily mean they cannot have reasonable belief but they would have to have some other resaon to suspect you such as them having a witness or potentially you having a motive.

If you have any further questions please ask. If i have answered your question I would be grateful if you wouldl give my answer a positive rating.
Jenny McKenzie,
Satisfied Customers: 5438
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and other UK Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
How would they get technical proof? Can any1 just ask for technical proof? They say as me and the gentleman went for the same job at another company I did it. But I knew days after the interview I didn't have the job so what good was emailing about him a week after I knew going to do? So basically it looks like I'm going to lose my job yet even tho I cnt prove I didn't no1 can possibly prove I did!!
Expert:  Jenny McKenzie replied 1 year ago.
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Jenny McKenzie
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10 Years of experience in Employment Law and HR