anyone good with disciplinary proceedings

tomkingsbury · Post by **tomkingsbury** » Fri Jan 22, 2010 5:47 pm

just been suspended at work for sending out emails that infringe on company polciy i.e. gross misconduct, notlooking good, reckon i'll be sacked but just wondering if anyone on here is good or has experience with this type fo thing - have contacted CWU but offices closed for now!!

and no, no poowanking was involved!

Post by **I Hate Hleb** » Fri Jan 22, 2010 5:49 pm

http://www.onlinegooner.com/phpbb2/view ... hp?t=20888

Post by **brazilianGOONER** » Fri Jan 22, 2010 5:53 pm

i thought of so many funny things to joke with that i'll just let it pass.

good luck mate, hope you sort everything out

LuckyRedGString · Post by **LuckyRedGString** » Fri Jan 22, 2010 5:57 pm

depends what was sent in the email as to G/M and who it was sent to and your companies IT policy

if you tell me (pm if you prefur) what you sent I can give you some advice I used to work in HR

Post by **flash gunner** » Fri Jan 22, 2010 5:59 pm

Good luck mate, your union is the best bet for proper advice ring them first thing Monday. My old company shut down 6/7 years ago and i was made redundant, the firm tried to screw us over but our union sorted it out. Im not saying they will be able to save your job but they know all the employment laws etc back to front.

Good luck

olgitgooner · Post by **olgitgooner** » Fri Jan 22, 2010 7:40 pm

Tom, I would guess that the level of disciplinary action would be governed by your contract of employment.

Dig out your contract (or ask your employers for a copy).

Then take it to any union you decide to join. And run it past the CAB. It's free and impartial advice, funded by us tax-payers.

Good luck.

Post by **I Hate Hleb** » Fri Jan 22, 2010 7:48 pm

All together now:

"Sacked in the morning.
You're getting sacked in the morning.
Sacked in the morning.
You're getting sacked in the morning. "

Sorry Tom, song came into my head and I just couldn't resist.

Sincerely wish you the best.

Post by **SPUDMASHER** » Fri Jan 22, 2010 9:05 pm

This is my specialist area. I recently got the wifes friend Â£8.5k in a settlement as their employer had not followed the law in their disciplinary.

Unfortunately for you use of company IT systems is a really easy one to get you on. IT systems are provided solely for the purpose of work. At no time should anything personal be done on them. I know we all break that rule at times. The critical issue will depend on whether your company has published usage rules and whether you have ever been made aware of them. Even if they don't publish their rules then they have likely told you about them.

To be honest you are probably fucked but without knowing all the details nobody on here could give you an accurate assessment.

olgitgooner · Post by **olgitgooner** » Thu Jan 28, 2010 8:32 pm

At my place of work, when you log on, you get a message which says " You must agree to comply with the company's internet usage policy".

There is no further information available.

When I asked our IT guy what that means, he said "You can do whatever you think you can get away with".

Hardly specific guidelines, then.

We are all in danger of crossing a line. It's up to the employers to draw that line, surely? And make us aware of it.

RNTGOONER · Post by **RNTGOONER** » Thu Jan 28, 2010 10:43 pm

the line is midget porn, and totenham websites

Post by **g88ner** » Thu Jan 28, 2010 10:47 pm

Most of the internet is blocked where I work

even Wikipedia, which is a bugger as it's where I get most of my knowledge

digger · Post by **digger** » Thu Jan 28, 2010 11:13 pm

RNTGOONER wrote:the line is midget porn, and totenham websites

In my old job I was in charge of blocking websites. We basically blocked porn sites which users frequented - most of it was pretty niche - granny, gingers, fatties, preggo porn, hairy beavers.... Oh, and I booked the Spurs site obviously

stg · Post by **stg** » Fri Jan 29, 2010 9:16 am

SPUDMASHER wrote:This is my specialist area. I recently got the wifes friend Â£8.5k in a settlement as their employer had not followed the law in their disciplinary.

Unfortunately for you use of company IT systems is a really easy one to get you on. IT systems are provided solely for the purpose of work. At no time should anything personal be done on them. I know we all break that rule at times. The critical issue will depend on whether your company has published usage rules and whether you have ever been made aware of them. Even if they don't publish their rules then they have likely told you about them.

To be honest you are probably fucked but without knowing all the details nobody on here could give you an accurate assessment.

If he could prove that other employers were using the IT system for personel use do you think that would help his case?

Percy Dalton · Post by **Percy Dalton** » Fri Jan 29, 2010 9:55 am

If you have signed an IT policy like most companies make you do these days then you are probably fucked.

It is hard to tell though without knowing the content of what you sent. To have gross misconduct levelled at you though it would have to be something of a serious nature and not just plain sillyness.

Smudger · Post by **Smudger** » Fri Jan 29, 2010 10:51 am

This is my specialist are as well, as I work for a union (not CWU) and have represented lots of people at discipline hearings including for breaches of internet policy. As others have said, to be suspended for (alleged) Gross misconduct shows that your employer is taking it very seriously and you could well be dismissed. But that doesnt mean you should just give up without a fight and your union should be able to represent you and fight your corner.

Employers have these pollicies and you may well be fucked but they have to be certain of the facts and carry out a proper procedure. To offer you a glimmer of hope it will rely on the evidence of what sites you looked at, for how long and when i.e. you may be able to argue that it was only for a few minutes each time and was during your lunch time or outside of work hours? You can also point out that others frequently do the same without punishment (though they may say give us their names and we will see them too!) but they cant sack everybody!

Your rep can say that they need to remind everybody about the code and making an example of you will be unfair and plea for a formal or final warning for you. Of course your own disciplinary and work record will be crucial too. If you have warning(s) on file already then you are screwed. But if you dont and you are a good employee and well regarded for your work, you may just avoid the sack!

Hope this helps. That'll be 75 Guineas please!