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is this right?

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buttons77 | 13:04 Sat 20th Feb 2010 | Civil
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An ex-colleague of mine has just been sacked for gross misconduct. She plans to appeal.
Meanwhile a current colleague of hers has told her that the manager who carried out the investigation and sacked her has said that any employee who contacts her could end up in court.
Is this right? Can he stop her having contact with her friends from the Company?
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Question Author
She was sacked for inproper use of company equipment. She mistakenly copied a file from her memory stick onto her work laptop. The file was basically a home video that they classed as porn.
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i think it's fairly standard to stop people from work having contact with the person till after an appeal
Question Author
Thanks Guys - but can he legally do that?
There's nothing in law that says a dismissed employee can't contact colleagues who still work there (just do it outside of works premises and company time). But I would question what she is hoping to achieve. These things are usually best kept between the employee and the company until all over.
Gross misconduct means a breach (of contract) regarded as so fundamental as to mean the employer decides to dismiss the employee without notice.
She should use the appeal route with the employer first.
Assuming she has been there more than 12 months continuously, she could then consider Employment Tribunal.
It is impossible to say whether these circumstances justify what happened. But misuse of company property - particualry in circumstances that could have led to further destruction of company property (viruses) is likely to be regarded as very serious - so I am not surprised.
there may not be anything in law, but there may be something in company policy/handbook which would still apply to the person still working there
That would be a breach of contract.

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