made redundant, given garden leave and now given a disciplinary !help!

[marko777]

Hi folks

 

Could anyone shed a little light on my options in this unusual situation i have found myself in over the last few days!

 

on friday i was taken to a meeting to inform me my role is being made redundant and, as i work with comapny data, it was deemed fair to give me 4 weeks garden leave, and i was permitted to leave.

 

today i got a phonecall from my manager saying since then, information has come to light that i was using the company email and internet "excessively " and "inappropriately" and i am now being invited in for a disciplinary hearing ! (im not the only person to be going through this situation in the company)

 

i totally hold my hands up to both, i was emailing friends and colleagues a lot and using the internet - none of which was sexual or predjudiced in any way, but why on earth are they pursuing this in my redundancy period??

 

is there anything i can do it get out of this? eg resign with 4 weeks notice, to ensure i still get 4 weeks full pay?

 

Im genuinley bewildered as it just seems like such a waste of time.

 

Any advice much appreciated !

 

M

[Sidewinder]

Hi folks

 

Could anyone shed a little light on my options in this unusual situation i have found myself in over the last few days!

 

on friday i was taken to a meeting to inform me my role is being made redundant and, as i work with comapny data, it was deemed fair to give me 4 weeks garden leave, and i was permitted to leave.

 

today i got a phonecall from my manager saying since then, information has come to light that i was using the company email and internet "excessively " and "inappropriately" and i am now being invited in for a disciplinary hearing ! (im not the only person to be going through this situation in the company)

 

Does the company have an e mail and internet policy? If so, does it define what it can and cannot be used for? Does it for example say that personal use is OK within reason? How do they define 'excessive' or inappropriate?

 

i totally hold my hands up to both, i was emailing friends and colleagues a lot and using the internet - none of which was sexual or predjudiced in any way, but why on earth are they pursuing this in my redundancy period??

 

Seems strange and very unreasonable. Are you entitled to a redundancy payment which would not be neccessary if they dismiss you beforehand? What do they otherwise have to gain?

 

is there anything i can do it get out of this? eg resign with 4 weeks notice, to ensure i still get 4 weeks full pay?

 

Resignation is not really an option as they are within their rights to refuse to accept it pending the outcome of the disciplinary. Any reference provided might also state your reason for leaving as 'resignation whist a disciplinary matter was being investigated'.

All I can suggest is to stall. Go though your contract from start to finish. Likewise disciplinary procedures. Not got them? Ask for copies - you need to know exactly what you have done which is against the rules.

You say that you have had a telephone call - have you also received a letter? Correct disciplinary procedure states that you should be given written notice to attend, with an outline of what you are supposed to have done wrong. You must also be given the right to have a colleague or Union rep present.

 

String things along for a while then report sick. After all, the stress of being made redundant and the worry of finding a new job is a huge shock. If you are still off sick at the date of the redundancy then what can they do? Not pay you? Can't do it (unlawful deduction from your wages). Postpone the redundancy - as far as I know they can't. Dismiss you? They can't after your official leaving date.

 

Im genuinley bewildered as it just seems like such a waste of time.

 

Absolutely agree.

 

Any advice much appreciated !

 

M

..

[Sali]

You can only assume that the company has something to gain financially by such action.

 

If you attend the meeting, take a witness; somebody you trust and who can take notes. Admit nothing. They will have to prove their accusations.

 

The very fact that others who are being made redundant are threatened with disciplinary too smells decidely fishy. Who'd want to work in a company like that?! Good luck and try not to worry.

[marko777]

Folks

 

Thanks very much for your replies, I appreciate them very much .

 

Somethings just crosses my mind - just last week, before my redundancy meeting (I knew it was coming), my manager asked me if i would help with her son's homework (my degree was in history) so i obliged as I didnt have anything else to do, so i spent a few hours on the internet in work time researching this and emailed her an essay ... and now im accused of using internet excessively! brilliant! i cant wait to bring this up in the disciplinary meeting haha...

 

Also, other members of staff in my "team" who use email & internet often are not being disciplined ; i'd rather not but I think I could go to town on them not being disciplined.

 

Thanks again !!

[Sidewinder]

Keep your powder dry and wait to find out exactly what they are trying to discipline you for. If it is the occasion that you researched the history homework then bring it up otherwise they may try to add other instances in order to justify their actions.

 

You are absolutely correct that any disciplinary action should be in line with that taken against others for similar misdemeanours, so it may only be fair if any internet policy is applied equally to the other staff. If it is 'customary' to allow internet and e mail for private use, then the employer cannot single out some people for disciplinary action unless there is an additional reason (eg porn, gambling, blogging about the company etc) and even there it would have to be covered by a policy.

 

Good Luck. Don't forget to let us know the outcome.

[marko777]

Thanks, I will let you know what happens !

 

M

[p_cas]

The OP admits they were using the internet at work "excessively " and "inappropriately". I'd guess that as others within the company are being disciplined for this as well ("im not the only person to be going through this situation in the company") that they have to be seen to be acting fair and to discipline everyone that they know has been misusing the internet irrespective of whether theyre leaving or not. I'm sure they'd be criticised for being discriminatory or unfair if they only disciplined some staff.

 

Certainly bring up the fact that you were asked to do some non work stuff by your boss on the internet, but I assume your admission that you'd used it excessively and inappropriately is over and above this?

 

I have to say I dont like someone being advised to take sick leave when theyre not actually sick. It wont make the allegation go away and is a bit like putting your head in the sand. I'd go along and tell them along the lines of 'didnt have enough work to do', 'boss asked me to do internet research' etc etc - unless of course youve been surfing porn sites and the like (which I must admit comes to mind when you say 'inappropriate' use)

[godpikachu]

Hmm, it seems to me that the company is trying to save themselves a few quid by getting you up on a misconduct charge so they can dismiss you before your due redundancy date, thus saving themselves having to make a redundancy payout.

 

Have they said exactly what they constitute to be "excessive" and "inappropriate" use of the internet?, because to me it seems like all they are doing is trying to find some reason so they can trump up a charge of gross misconduct.

 

Firstly, your boss shouldnt have asked you to do their sons homework for them, especially in work hours. Make sure you bring this up, as no doubt your boss will deny that they asked you to do this.

 

Secondly, it would be worth retracting your original admittance of guilt, as they have not made clear what exactly their definition of "excessive and inappropriate" internet usage is, it could be that they have simply changed the goalposts with regards to what they consider this to be in order to bring you and others up on trumped up charges.

 

Why did you make an admission of guilt though?, what sort of sites were you looking at while at work?, I take it some sites were not work related.

 

Most of the companies I have worked for didnt mind you using the internet for personal reasons so long as you did it on your break/dinner and werent looking at sexual or illegal stuff.

 

 

A lot of companies in these times are pulling stunts like this basically to save money, but what they dont realise is that it will have a knock on effect to your future career prospects,a s if you do get dismissed for gross misconduct, this will be included on any references that any future employers ask for.