I'm new but need employment advice!

[willo23]

Basically I was called into the office yesterday and suspended from work due to a security breach through internet usage. I have no idea what this is and they couldnt tell me either due to investigations. I had a virus last week and the it guy rang me on weds to say i had another virus but when he did the scan thing it didn't show up with anything.

I have been called back in to work next week for a meeting.

Where do i stand on this?

[Sidewinder]

Welcome to the forum. We will help if possible, but could do with a little more information so that we have a fuller picture.

Firstly, I trust that your suspension is on full pay. How long have you worked for the company, and do you have a copy of the company's terms and conditions relating to internet use? I take it that you have a PC capable of access to the internet for business use. Is any personal use sanctioned by the company, for example 'reasonable personal use in break times'? What about MSN Messenger? You will most likely have e mail for business use, but do you receive any personal e mail? Do you remember any suspicious website visited, e mail received or any file accepted through MSN (depending on your answers to the above)?

Now, regarding the suspension itself. What actually happened? When called to the office, what was said? Were you given information about the reasons for suspension in writing? You say that you have been called in next week for a meeting - in what respect? Have you been informed that this is a disciplinary hearing which could result in a warning or dismissal? Was this in writing and have you been advised that a work colleague or TU Rep (if applicable) may accompany you?

Sorry to ask so many questions, but this information is relevant.

[willo23]

i have been suspended on full pay, yes.

i have worked for the company for 10 years. i have signed an internet policy, unfortunately its at work but it does allow us to use the internet for personal use at our own time such as lunch, before/after office hours. (i admit i use it more than this though). I don't use MSN but do receive personal mail. I've been thinking about what site I could have used and think it maybe one that I ordered a vegetable box from which downloads an order form.

The suspension was carried out by two directors who had a standard form which they went through and mentioned the security breach through internet usage. i mentioned i didn't understand that bit but they told me they couldn't tell me anymore due to investigations being undertaken.

I have received a letter which was hand delivered stating that i could have a work colleague or union rep with me at the meeting but it doesn't give any clue to disciplinary or dismissal

[Sidewinder]

OK thanks for that. The fact that you are allowed personal use makes it harder for the company to take action for what may have been a quite innocent matter. Think of it this way - if you are not allowed any private use, then it is easy to look at logs and to determine activity involving non-business related sites. The breach is black or white. If personal use is permitted however, then although you would almost certainly not access sites involving illegal material, pornography, gambling etc, then it gives a pretty free rein as to what else you are allowed to look at. I would not say that ordering something online, or opening an infected e mail (as long as this is not specifically against the rules) and then innocently becoming the victim of a virus or trojan puts you in breach of company policy. You admit to using the internet outside of the permitted times, but this should not be a matter for suspension or dismissal, particularly if it has become customary for staff to do so and it has no impact on work. The investigation will almost certainly involve checking any logs stores on the internet server, or on your PC to see what has been accessed in an attempt to see what has happened. Your employer has told you that they are investigating a security breach - hopefully you will learn more details of exactly what this is.

I think that you can do no more at present than wait for the hearing and listen to the case against you, although I would certainly contact them before the hearing and ask for more information in order that you may prepare fully - you have to know exactly what you are accused of, and if they don't provide this then iit is a breach of statutory procedure. Mind you, failure to provide this will also help your appeal if things go badly. Hopefully they will decide that they have no case and you will resume work with no further action being taken, but your employer does have to apply correct procedure in the way that the hearing is conducted and in any action taken. If at all possible, make sure that a colleague is present to be able to take notes, listen to what you are told and put your case where you have the opportunity. Do not feel that you have to answer everything, particularly if it is something which you do not understand. They have to prove that you have done something which you know is wrong, so if they accuse you of things which aren't covered by policy, then challenge it.

[willo23]

Thanks for your help.My problem is I don't like confrontation (I'm sure not many people do) and I'm afraid I will crumble at this meeting. I have been in tears on and off since yesterday and I know what you are saying is correct but I'm in two minds just to resign at this meeting and get it over and done with but then that doesn't help me as we've got a mortgage to pay and need my salary. I need to be working.When my husband comes home from work I'll show him this advice and hopefully we can work out the best course of action.Thank you for your help.PS Do you really think they would just take me back to resume my work after suspending me? It seems a bit too drastic just to let me get back on with things

[Sidewinder]

I fully understand your position, and it is perfectly normal to feel the way that you do. Ask yourself some questions though, such as whether you enjoy the job and whether you think that have actually done something so serious as to warrant losing it. The fact that you have 10 years service has to say to me that 1. You are reasonably happy in your job and 2. That your employer has been reasonably happy with your work. Not many people last that long in a job these days and it you may be very lucky to find something with which you could be equally happy.

The hearing does not have to be confrontational - you have not even heard yet exactly what you are supposed to have done - and you will have to hear them out one way or the other as it would be pretty sad to offer your resignation only to find that there is insufficient evidence to dismiss you! It may be the case that whatever has happened might not be as a result of your actions, and yes, employees often come back to work after suspension.

You have rights at work and if the employer doesn't abide by these then you can decide whether to argue or not. If you are accused of something which you agree is a matter for disciplinary action, then offer your loyalty, dedication and previously good work record up for consideration with an apology for the time and trouble which your actions have caused and an assurance that having learned from the experience it would not be repeated. That, in my view is a better option than resignation.

It may seem dark now, and thinking that you may be forced to leave a job is a terrible feeling, but try to remain positive. Let us know how you get on.