Action against employers

[Heraldeer2]

I'm not in a trade union, but my employer has breached the terms and conditions of my contract by suspending me without warning on the grounds of 'excessive internet use'. My terms clearly indicate that there is a 4 stage process of warnings for all disciplinary matters except Gross Misconduct. As this surely cannot be tantamount to 'gross misconduct', as no illegal, porn, gambling or otherwise sites have been visited - what action is open to me?

[Want-to-know]

Try contacting ACAS who deal with employment disputes. http://www.acas.org.uk Tel: [phone]

[cascarelli]

It's probably also in your contract or their disciplinary policies that they can suspend you while they investigate.

I assume you have been suspended and not dismissed?

[Hapus]

Heraldeer2, you need to ask about the computer use policy within your company - did you sign anything when you joined stating you would comply to the policy? If you have not been formally taken through your company's policy, then you need to state this - and by definition your company should not be able to undertake any action since you have legitimately claimed that you were "unaware".

[Catso]

I don't think you'd need a warning first to be suspended. It can be instant.

[Hapus]

Catso, you can only be suspended for "Gross Misconduct" without a warning and this has to be specified by employers.

[jason1980]

Well my opinion is that it is Gross Misconduct on the basis that he is paying you to work and not sit on the internet. it doesn't matter that no illegal activity has taken place on the net, you simply just shouldnt be on it like you have been.

Gross Misconduct does include not working when you are paid to do so, but yes speak to CAB or ACAS

[kirstyvw]

Hi Heraldeer 2
From what you have said, it doesn't sound like they've actually got to the disciplinary stage yet. A suspension frequently comes before the disciplinary process allowing investigations to be carried out. Neither does a suspension doesn't indicate guilt or that you will be dismissed. They don't have to give you a warning to suspend you.
You will likely receive an invitation to attend a discplinary hearing, have your say etc before a decision is reached on your future and any warning issued.
You need to check your contract also - have they suspended you on full pay? They should have...if not or if they don't proceed as outlined then you have a complaint.
As suggested, in preparation for a disciplinary hearing check your contract and the computer use policy.
In answer to whether it constitutes gross misconduct, I've seen it - at the end of the day you're paid to work not to spend all day on the internet.
Hope it works out

[buildersmate]

Its exactly as Kirstyve says. Your employer has suspended you pending investigation. It doesn't imply Gross Misconduct is suspected.