URGENT: Suspended, potentially losing my job and right to appeal?

[nanna58]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

So sorry for your news TM. X

[Sapphire]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Sorry to hear your news TM, sounds to me like they are classing this as gross misconduct which if I am right doesn't require warnings etc.

[TibetanMonk]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Sucks :/ just such a horrible start to my year.

[tastyjane]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

So sorry just logged on.....

OK right lets deal with the facts - does your company have an internet/computer use policy? It would usually be a stand alone policy or part of the employees handbook rather than part of your contract? If you have an internal intranet it would be on there I would think.

There are situations where the 2 year service rule doesn't apply but in summary they are usually discrimination issues (Sex, Race, Religion etc). So on the face of it they could just terminate your contract and there is very little you can do about it! However, this is worse than that - if you terminate a contract (safest way in my opinion) you have to pay notice period (usually only a week), however, if you summarily dismiss through gross misconduct no notice monies need to be paid - They have however suspended you, which needs to be paid as you rightly say so this will almost off set the notice monies if you see what I mean. I wonder if they are trying to make an example of a "safe" employee?

A company cannot stop you being accompanied by a union representative or colleague at a disciplinary hearing (or they would be daft to do so as process would automatically have been breached) Not much comfort though without 2 years service......

Can you confirm when you received the evidence and what the letter calling you to a meeting actually said for me please - the devil is in the detail I'm afraid.

Having said all this I don't want to give you false hope - unless you can prove some sort of discrimination then you cannot pursue an unfair claim I'm sorry best we can go for is your notice monies.

Jane x

[julian]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Sorry to hear of your plight, you do not state who the employer is - not name, but type of work. As Jane says you should have been informed of the IT policies and you should also have been given a document containing your job description and the conditions of employment. Unfortunately, unless your job requires you to contact your mates, and update Facebook, you have been misusing the tools with the same effect as if you had taken stationery and stamps to write to them. Perhaps as you were contract and then permanent, they failed to give you a copy of the IT Policy or the appropriate training, and then when you became permanent they assumed you had had the training.

I have worked in many areas that require secure systems. The users cannot download software as there are security issues in software such as Microsoft, java and Firefox and most packages unless they are doctored to prevent the call-outs, the open software and other insecure products and functions that allow third parties and third part software and viruses to enter the company systems. So the IT dept switches off the means to do so. There are those that have tried and this leaves a great big security footprint on the system, When software is downloaded, or there is an attempt to download, alarms and alerts are raised, which are policed. Depending on the site and the employer people have been accompanied from their desk to the exit by Security without any warning.

Downloading software takes up bandwidth, creates security issues and takes up time away from the job in hand. It can really mess up your computer station as well as knocking the whole company off line, destroying data and even placing the company in financial ruin. If you have a need for software, then normally you would put a request into the IT dept for it to be installed. It could be that a team of specialists have been working for months to see where and why the system is failing and they have found a virus brought in through Firefox.
You have probably been suspended to keep you of the computers so that you cannot download or use any other alien software. It could be considered unsafe to leave you at your desk with access to company files and resources until the issues have been fully investigated.

Email is also limited and monitored, as the company depends on email for communication with clients and suppliers as well as with staff. Although most companies allow you to undertake some personal mail during work time, they assume that communications are short and sweet, as it is more beneficial to the company to have you in work than spending the day at home waiting for the gas man/architect/council etc to call back, or wondering if the babysitter can pick your child up from school if you have to work late. If you are abusive then the content of the email or social media created on the works system is owned by the company, it is kept on the company archives and can be audited at any time by the company or their auditors. It has the company's name and logos and in all ways it purports to be from the company. Most companies have software that will stop spam and abusive communications coming into the firm and also software to sniff what is going out and raising alarms when certain phrases, links or addresses are used. It would not be the first time that the Fred Bloggs you sent the insulting message to was actually the Company President and not your mate, or even worse, the major purchaser who was just about to sign a contact and now won't. At work and on work systems you are part of the company not an individual.

So I would imagine that the company has the logs which contain the times and dates and the sites you were logged into and the duration of your sessions. It is not hard to do as the data is kept for years. It is part of any normal company IT policy. That is another reason why they give limited private use as all the data and the logs need to be stored and examined in case of issues. So the more private emails and data, the more time it takes to go through.

I do not think you can use the excuse that the rest of the office does it, because you may find that they do not. If you have the opportunity, I would say sorry, it won't happen again, I will make up the time. With regards to the downloading of software, you could explain that you are used to Firefox and did not realise it would cause problems. Apologise profusely for the use of personal social media, and if appropriate you could offer an excuse of your current marital and health problems.

Good luck

[TibetanMonk]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

I tell you what, my year is incredibly strange. Been offered a job in London with a fantastic salary. So hope for me isnt all lost.

They took me into a meeting on Thursday afternoon saying that they've been investigating the aforementioned allegations, heard my side, went outside for 30 minutes and adjourned the meeting then called me back in and said I was suspended with full pay until Monday which is when the disciplinary hearing is. They gave me a pre-typed letter inviting me to this hearing 30 minutes after they adjourned the meeting. Which leads me to believe it's premeditated. They want me gone. I don't see the reason for the suspension, however, considering whilst they were gathering evidence they didn't see me as a risk to the company, and they had all of the evidence last week. (Inside contact)

It's a witch hunt. It really is. They'll sack me, however, I've requested to reschedule the meeting until Friday the 30th so I can speak to you guys and get more advice if needed and prepare my defence. As you know they don't have to honour it but it's a reasonable request.

- TM

P.S; Thank you all so much for your kind words and support. I WILL GET THROUGH THIS.

[Beefy1976]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

What a nightmare for you.

I get involved in this type of thing as part of my job but I don't work in HR so don't know all the rules.

We rarely suspend unless it's something very serious, having said that, you can suspend anyone for any reason.

They should allow you to reschedule the disciplinary hearing if you are trying to seek advice/representation which we only allow a trade union rep or colleague.

If they decide to summary dismiss you, and other people have done the same thing, they could be on sticky ground as they have not investigated fully. Also they would have to prove that you were trained etc.

It's more likely (in my experience) they will terminate your contract and sadly, there is no right of appeal. We generally investigate and terminate the contract on the same day though. I think it's completely wrong but that's the current rules.

If they had pre-typed the letter inviting you to investigation, that is not allowed and they have predetermined the outcome which is not allowed.

Did they show you copies of all the evidence they had and after the investigation, did you get you to read and sign any notes? (unless they used audio). You should also have a copy of those prior to the disciplinary hearing.

Good luck.

Beefy

[tastyjane]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Totally agree beefy but they adjourned and 30 minutes later produced the letter, I expect it was pre written. Check the dates I know some one who won at tribunal whose letter was dated the day before!

Jane x

[oscar]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Totally agree beefy but they adjourned and 30 minutes later produced the letter, I expect it was pre written. Check the dates I know some one who won at tribunal whose letter was dated the day before!

Jane x

Pretty much what happened to me, but letter was dated same day.

[tastyjane]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Pretty much what happened to me, but letter was dated same day.

It was a particularly dense HR Manager �� she also finished him on payroll before the date of his meeting! Ironically he was probably "guilty" of his crime but won on process! You should never cut corners on protocol with disciplinary matters it can become a costly mistake. Having said that back to TM issue, even if you suspect they have prepared your letter unfortunately it seems they followed the procedure as they had time to type the letter post meeting.

i am really surprised at the lengths they are going to with this, it would be so much easier to terminate and move you on!

Great news on the new job though.

Jane x

[TibetanMonk]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Hey guys,

I am so sorry first of all that I haven't been on much, especially when you've helped during what feels like the roughest times.

They did sack me, I apologised etc etc and they adjourned for 10 mins, came back and terminated my contract. My pay is correct so they've not tried to screw me over there and I now work for a different company. I wasn't out of work long, thankfully.

Again, thank you Jane and everyone else for your support and advice.

TM x

[cymruambyth]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Good to see you back and glad that you are back in work.

[julian]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Sometimes you land on your feet. I am glad you did, but watch out for the rules on social media. Good luck.

[SA Gold]

Re: URGENT: Suspended, potentially losing my job and right to appeal?

Glad you got a new job TM. Onwards and upwards.