How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

I have just left a job building door company, while there

Customer Question

I have just left a job for a building door company, while there I had to use my personal mobile to ring customers when the office phone was broken. I started a new job for a solar panel company and rang them customers up from my mobile explained who I was and that I had left the company ect and now my ex empolyer has sent me an email saying they have contacted there legal team has I have breached data protection I didn't think I was doing anything wrong as the number were in my phone and I hadn't taken them from the work data base I am really worried
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. I presume you initially took the numbers from the work database? Also were there any restrictions in your contract on contacting customers after you leave?
Customer: replied 1 year ago.
Yes and only to say in my contract that I was not to take or copy the data base. I am so worried I'm in trouble I didn't think I was doing anything wrong
Customer: replied 1 year ago.
I had the numbers on my personal mobile which my ex boss new
Expert:  Ben Jones replied 1 year ago.
So have you generated any business as a result or had the employer lost clients?
Customer: replied 1 year ago.
No nothing at all they are difolding door company and I work for a solar panels, I havnt even sold anything I rang four customers to advise them I had left as I was working on complaints they had and service call and they asked me what I was doing now and I told them, my ex employer said they have had a complaint but I don't believe them all I said was I am very sorry but I can not continue to help them in there request for service as I am no longer with the company. I told them my name everything, if I was doing it to steal customers I would have said who I was , they have not lost work as the customers I rang had there doors fitted and was completed jobs
Expert:  Ben Jones replied 1 year ago.
Whilst what you have done is wrong because you did initially take the numbers from the work data base, you should not be overly worried about it. I know you say that the numbers were on your personal phone but you need to look at where they originally came from and for what purpose. The fact of the matter is that they were taken from the work data base for the purpose of calling clients whilst your work phone was out of service. As soon as you finished contacting them for that purpose you should have deleted the numbers and not used them for any other purpose. So whilst strictly speaking there is a breach on your part, the employer cannot just go ahead and take action or penalise you for it. They need to show that they have suffered losses as a result. For example, had you used the numbers to steal clients from them or they have lost business as a result then that is quantifiable damage which they could pursue you for. However, in the circumstances there were no such losses so the employer cannot really take any action against you and they cannot issue a ‘penalty’ just to penalise you for what you have done. They may issue threats at this stage but the best you can do is apologise, confirm that you have deleted all numbers in your possession and that you would not be using them again. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Customer: replied 1 year ago.
Sorry yes thank you for your help
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best

Related UK Employment Law Questions