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If during a formal grievance with my employer a manager lied…

If during a formal...

If during a formal grievance with my employer a manager lied and said he had spoken to a lawyer and the lawyer had stated there was no case to answer when in fact no lawyer had been contacted does this constitute fraud/deception

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Scotland

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Where are you based

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Answered in 31 minutes by:
1/3/2018
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,572
Experience: 30 years as a practising solicitor.
Verified
Thanks for your question. I am a solicitor in Scotland. Did this statement affect the outcome of the grievance procedure? Was the employer made aware of the deception?
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Customer reply replied 7 months ago
Are further answers going to cost more money if so I'm not interested

No, what happens is that you provide a rating at the end of our exchange and then the site credits me for my time. It does not cost any more unless you request a phone call.

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Customer reply replied 7 months ago
Ok the manager stated he had spoken to a solicitor this was clearly a lie designed to get me to drop my grievance I have several emails corroborateing this does this constitute fraud/deception

Yes it does, and if you were induced into dropping the grievance this would be a serious disciplinary issue as regards ***** *****

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Customer reply replied 7 months ago
I didn't drop my grievance other people in the company stated that they had consulted a law firm but they have refused to disclose the name of the solicitor despite numerous requests?

Is that not different from the allegation that no legal advice was taken by the employer? In the same way that an employee would not have to disclose any solicitor they had taken advice from, the same is the case with the employer.

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Customer reply replied 7 months ago
But how can I call someone as a witness at a tribunal if I don't know their name? I'm sure they didn't speak to a lawyer because their answer to my grievance was gibberish. I really just want to tell the manager I'm going to start a criminal or civil case against HUME for deception

You can’t call their lawyer as a witness. Communications between lawyer and client are privileged.

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Customer reply replied 7 months ago
But how can I verify the advice came from a bonafide solicitor without a name?

If the particular legal advice that was advanced to you during the grievance procedure is correct as a matter of law then there is no issue. If it is incorrect then the particular person who quoted it can be cross examined on it and it can be put to them in cross examination that the statement given was wrong as a matter of law and you can then go on to question whether advice was sought in the first place. That is as far as you can go with this.

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12,572
Experience: 30 years as a practising solicitor.
Verified
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