Is my employer in the wrong??

[Lakitu]

I've been with my Company for 6 years now. In September 2006 I transferred to another department and really enjoyed the job and was always busy.

In February this year I was asked to go on a 3 month secondment to our Clients premises to help them with a few things, which I did.

I came back to Head Office at the end of April and have been given very little work to do since I got back, despite me asking my Manager for something to do. What I am given, doesn't take me long to do and I'm sat twiddling my thumbs again.

I got into work this morning and my Manager asked to have a word with me, when we were behind closed doors he told me that I am to attend a disciplinary hearing on Thursday morning. I asked why and he told me it was about poor job performance and internet usage,

I'm actually livid. Never mind the 6 years hard work prior to this as proof I most certainly am not poor at my job (and why would he cherry pick me to go to our Client if he thought that were true?!).

I hold my hand up and admit my internet usage is high, but what does he expect if he's not giving me anything to pass my day?

My concern is that they will sack me for my internet usage as they have sacked people before, though I don't know the ins and outs of their cases. If they were going to, would they have dne it now if they deemed it to be gross misconduct? If they do on Thursday, would I have a strong case to take them to court for constructive dismissal since they're not providing me with anything to do?

I'm seriously considering handing in my notice right now and working my month and going temping, I just worry that I wouldn't always be in employment and fall behind with my mortgage if I do that.

[Lakitu]

I know we are allowed to use the net, just in moderation, I know I haven't been in moderation, but it's that or nothing at all :(

I just think that a disciplinary is a bit drastic, he could have just talked to me about it rather than leap straight to this, that's my opinion anyway.

[LoftyLottie]

Oh dear, my friend Lakitu

This may help even though it is aimed at the employer it does give an idea of the Employment Law on Disciplinary Procedures.

Good Luck

xx

[LoftyLottie]

Forgot to post the link

http://www.hr4uk.com/pages/disciplinary_docume ntation_guidance.asp

[LoftyLottie]

Perhaps this is better

http://www.personneltoday.com/articles/2006/01 /17/33394/disciplinary-procedures.html

[LoftyLottie]

Whatever you do, don't hand in your notice!! Even if you are suspended they will still have to pay you until this is sorted out.

[lajohn]

Being out of a job in these times and the way the economy of the country is going is no-piece-a cake. I feel for you in your situation but I think you dug your own grave.

[slark]

when you log off your computer at work do you clear your history and pop up's.best of luck.

[LoftyLottie]

From what I know and from what I can see on those links, he has to tell you about the disciplinary hearing and the reasons in writing at least 48 hours beforehand. Has he put it in writing. If not, you can ask him to which will delay it and give you more time to prepare. If he refuses, you can take him to a tribunal. This applies to anybody with over one year's service.

Sit down and write a letter giving all the facts and saying that your internet use has been due to not being given enough work even though you ask daily. Ask how he justifies poor work performance, etc. Get prepared Lakitu.

I think I was wrong in saying he has to pay you whilst you are suspended, if he suspends you.

Whatever you do, make sure you take a colleague into the hearing with you. That is your right so he has to respect it.

xx

[lajohn]

slark, clearing history is useless. there are still ways to retrieve information on all computer activities. you can find down to the last second.

[leyenda_tres]

1,700 public employees have been sacked or disciplined for internet or e-mail misuse since 2004.


Ive got a link to that.
http://www.careerbuilder.co.uk/UK/JobSeeker/Ca reerAdvice/ViewArticle.aspx?articleid=148&cbRe cursionCnt=1&cbsid=86b2f67ce346427d88b719e51ec 2a543-268830794-VG-4&ns_siteid=ns_uk_m_EMPLOYE E_SACKED_FOR_I_




Dunno if its any help atall.
I think it mayu depend on your companys policy on internet use and if you were told that use could be seen as grosss misconduct.
different companies class different things as gross misconduct.
you should have a copy of the companys rules / policy.If not ask for one and see if theres any small print or anything that can be used in your defence.


Hope it goes well.

leg x

[LoftyLottie]

Personally, I can never understand why any employer allows personal internet usage other than during break times. 'Too much' internet usage is too woolly a statement. Do they stiplulate just how much time employees can spend on the internet.

Perhaps I am old fashioned in my thoughts, but the workplace is for working in and by allowing any personal internet usage during working hours then employers are asking for trouble, (and Lakitu wouldn't be in this situation). She can't carry all the blame.

[leyenda_tres]

http://www.guardian.co.uk/technology/2007/nov/ 12/news.facebook


like i said depends on the company policy.
some companies if youre caught online , youre sacked.others are different.

[LoftyLottie]

And yes I actually worked for an organisation where we were not allowed to use the internet during working hours. We moaned, but we knew where we stood and what would happen if we didn't adhere to the rules.

[janela]

Maybe you should consider joining a Union, they are not just there for negotiating pay rises. Winning a Constructive Dismissal claim is extremely difficult and you would most certainly need someone to put the case together for you if you decided to go down that road. In any case, to claim Constructive Dismissal you would have to leave and then try to get a Tribunal to agree that you had no choice but to leave. Wouldn't advise it, nor would I advise you just leave and take your chances. The best thing is just to go and see what happens. You have the right to have representation at a disciplinary hearing or at the very least someone to accompany you so that there is an independent witness to what is said. You also have the right to know what the case is against you. If they sack you, you might have the right to take a case to an Industrial Tribunal for Unfair Dismissal, has your employer not got a disciplinary procedure, do you know what it is, and are they following it. If they sack you then you would need legal advice. This is why being a member of a Union is so useful, they give this advice and represent you at an Industrial Tribunal for nothing (except your monthly subscriptions of course). A solicitor experienced in Employment Law will cost you.

[Lakitu]

Thank you everyone, I'm going to have a look for my Contract this evening and see what it says.

I'll just have to go prepared with my case and try not to get annoyed or upset.

[thugulike]

You can only be dismissed for a first offence if you have committed gross misconduct. I doubt very much that this would constitute gross misconduct unless you had been accessing iffy sites. You need to look closely at your written disciuplnary procedure. Do NOT go into any meeting without having a copy of the procedure first.

If you resign now any unresolved disciplinary issue may be on your reference.

You couldn't claim constructive dismissal as you would need a fundamental breach of contract which lead to you being unable to continue working there. What you ould claim is unfair dismissal which is easier to prove than constructive dismissal.

Good luck

[Lakitu]

Thank you Thug,

I don't think I'm going to get sacked, I re-read the letter this morning and it says that I can re-schedule the meeting if it clashes with any other appointments, if they were going to sack me, they would have by now. Definately haven't been looking at iffy sites LOL.

I have never had a verbal warning so I'm going to appeal against this regardless.

[LoftyLottie]

Good Luck Lakitu.

Honestly though, I would stay away from the internet now until your meeting. It won't help your case if you continue to use it.

LL x

[Lakitu]

Lottie, I have stayed off today and I have been talking to a couple of friends about the situation and I am prepared for tomorrow morning.

It would seem that my Manager is being a bit sneaky, it has been confirmed to me that he is NOT to go straight to a written warning, and that I am to have a verbal before anything else, which HR still need to be a part of, not just a wee chat between me and him. If they try to tell me that I have had a verbal warning then I am within my rights to request to see my personnel file right there and then and I can even escort the HR rep to where it is kept as it is MY file in THEIR safekeeping, so if this is what happens then I'll do just that to ensure that they don't slip anything in there and have it backdated.

Also, I've been told I can pull the 'constructive dismissal' out of the bag too, by the fact the my Manager has NOT been giving my any work to do since I got back from my secondment I can claim I am made to feel awkward, uncomfortable and difficult to the degree that I don't feel I can work there any longer under those conditions.

Thankfully, I have friends in the IT department and I know for a fact that a report is run every week on how much the internet is used by each member of staff. I can strengthen my internet usage case by asking them to retrieve my usage records between July 2002 - February 2008 and they will speak for themselves that I have not abused the internet at work until I got back from my secondment, further proving that if I was given any work then I wouldn't be inclined to ue the net.

I have got everything I am going to say tomorrow written down, I'm particularly memorising the para RE the constructve dismissal so I can look him in the eye as I say it, and I have also gather what work I did today (it took around 90 minutes) and ask him what he suggests I do with the rest of the day.