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An employee of my husbands company acted dishonestly my

Customer Question
Hi, an employee of...

Hi, an employee of my husbands company acted dishonestly my husband recorder the conversation is this legal ? can you let me listen to it and can I refer to it in conversation with employee being a third party?

Lawyer's Assistant: Have you documented this or discussed it with HR?

We have no HR in company there is a recording of a phone call made to former employee my husband , their boss left the phone recording and left the room i listened to the conversation as I understand the language of employees

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

They spoke in russian my husband doesn't speak russian it is full time employment

Submitted: 7 months ago.Category: UK Law
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12/6/2017
Solicitor: Ben Jones, UK Lawyer replied 7 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,947
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

How exactly did they act dishonestly?

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Customer reply replied 7 months ago
My husband received an email send by mistake where they are referring to another company and property they rent.
My husband is in property business, and these employees are full time employed by him with a visa status.They used company resources and created a side business that they attended during work hours
Customer reply replied 7 months ago
Hi Ben,
could you send me your answer regarding the legality of using a recording, and letting a third party listen to it
Customer reply replied 7 months ago
Hi Ben, any update? Thank you!
Customer reply replied 7 months ago
Hi Ben, any update? Thank you!
Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Hi there, I am sorry for the delay in replying, but two days ago when you asked your question, you 'opted me out' of it, as you chose the option to work with another expert. That meant I was locked out of it and could not reply, until I eventually managed to get customer services to allow me back in. Now that I can write on here again, can you please confirm if you still need help with this?

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Customer reply replied 7 months ago
please answer
Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Thanks, ***** ***** have these employees worked there for?

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Customer reply replied 7 months ago
18months
Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Thank you. Generally it is possible to record conversations secretly, although the recordings should not be shared with third parties without the parties’ consent. However, it is not so easy to claim in the event that such consent was not sought.

There will also be a potential issue with the employer breaching the implied term of trust and confidence that exists in every employment relationship. The employees could potentially argue that by recording them in such a manner the employer has breached that trust.

However, the good news is that they have less than 2 years service which means their employment rights are rather limited. For example, they have no unfair dismissal protection, which means they can potentially be dismissed for more or less any reason, including this one. The employer does not even have to tell them why they are being dismissed so you can consider avoiding any potential issues by simply saying their services are no longer required, or that you know what they have done, without actually saying how.

I would not worry too much about your involvement in this - you only listened to the recordings to translate what was said, so the sharing of the recordings with you should not pose any issues legally.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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