Gross misconduct evidentley!!!

[IT Technician]

Hi

 

I have worked at my existing place of work for over seven years.

 

When I started they had a very basic network setup, i.e a few computers with a computer in the corner acting as a shared network drive and it was totally unsecure.

 

Forward to the present day and we have a totally intergrated network, secure and a lot lot larger than before.

 

Because of this massive expanse of hardware and software I have asked repeatadly for extra training, which has been refused up until last year when i was allowed to go on a advanced ECDL course. This is not the course I wanted but as it was free the school was ok about it and it ws the only thing on offer.

 

So, seven years and no real training.

 

So to get to the issue I was suspended today because the server data back ups have failed. The first failure was 19/12/08 which was the day that we broke up so i would have been unaware of this until the 06/01/09 when i returned.

 

The exact dates are:

 

19th December-Friday

This was the last day of term and the back up failed that night despite working ok before that.

I was not reasonabley able to check them as the time up to the 6th January was a workl holiday. i.e work was closed.

6th January-Tuesday

My first day back from the Xmas break.

Noted that the back up had failed over the Xmas Holidays and made attempts to reset the back up device. Back up unsuccessful up to the Friday despite resetting the back up device and taking other reasonable steps to rectify the problem, such as rebooting the server resetting the physical back up device and restting

12th January-Monday

Came in Monday morning and noticed a burning smell in the server room. Major power failure. Fault traced to a faulty power supply in one of the servers. Fault must have occurred over the weekend? Resulting in all the servers and back up equipment failing. Fault traced and fixed in two hours.

Checked back up logs and noted no back ups.

Reset back up device.

13th January-Tuesday 2009

Noted back ups had failed again.

Requested for support re back ups.

Added to this my budget is well under comparable companies in the same area, no training on the new back up system, supposed two weekly meetings with line manager have never happened, repeated requests for support in writing have been ignored. (my workload and amouint of equipment is much larger than when I started). I could go on.

What are your thoughts, case for dissmisal or not.

Oh, I am also registred disabled and got the job through the Access to Work' scheme via the government, and went through an occupational health check which noted my illnees/disabilities and i recieved dapted equipment for helping me work, BUT since then no support given when asked despite me writing down the daily workload and proving this would take 45 hours a week, I do 37 hours per week, and being refused overtime.

Any help appreciated.

Thanks

Technician

[Sali]

Were you invited to a disciplinary hearing?

 

Have you got hardcopies of your requests for extra training, especially if on the backup hardware/software? I wouldn't think that ECDL covers such specifics.

 

Do you work alone?

 

What kind of escalation path had your management put in place if you were unable to solve a problem, software or hardware?

 

Did you have any disaster recovery procedures?

 

Was there any policy regarding backups - the cycle, full or incremental, storage, what to do when failed? If so, who defined the policy?

 

Can anyone corroborate your statement that line management never met with you?

[IT Technician]

Were you invited to a disciplinary hearing?

 

Have you got hardcopies of your requests for extra training, especially if on the backup hardware/software? I wouldn't think that ECDL covers such specifics.

 

Yes and this was also raised in my annual reviews. Training was not specifically requested for the back up hardware but it was pointed out to them at one of the reviews that I felt I needed specific technical training to enable me to keep up with the expanding role of the job. This was said to them when they tried to say that I was not qualified to do the job. I responded by saying that no support had been given to help me with the increase in the technology level of the job and that this was never questioned three years ago when I took the current role on.

 

Do you work alone?

 

Yes, i am the only one who looks after the IT.

 

What kind of escalation path had your management put in place if you were unable to solve a problem, software or hardware?

 

None. They did suggest that my line managers friend could come in to help train me, but this never happened. The only thing I could have done is to have possibly told my line manager sooner but they was aware that there was a problem as we had a major fault with the servers which they were made aware of straight away. Regarding the back ups it was a case of me trying to rectify the problem with the software/hardware as I had learnt by going through the help files. So no I did not notify anyone immediately I knew about the back ups failing but I would have said something verbally that I am attempting to fix it.

 

Did you have any disaster recovery procedures?

 

I think we do have a disaster recovery policy, but last October I did highlight that this was not being followed, fully and that I did not have the knowledge to fully implement it. One of the problems I raised was that I was not responsible for taking the back upds of site so a plan needs to be put into action to rectify this. I only had a reply on this last week since October. I also did say that we have never run a full test of repacing the data if there was a total disaster. Again not actioned on.

 

Was there any policy regarding backups - the cycle, full or incremental, storage, what to do when failed? If so, who defined the policy?

 

Again, I'm sure there is. I obtained the policy, it was a standard back up policy. This was then implemented by senior management. However, I did bring up at the October meeting that I was not confident as a school that it was being fully implemented. For example, what would happen if I was not there, say through illness, what would happen if the place burnt down, I have never done a full restore of info and have not been shown on the new equipment how to do this.

 

Can anyone corroborate your statement that line management never met with you?

 

I have an e-mail to say that the line manager could not meet me on one occasion, and I also keep a day book/log and if I had met my line manager it would be noted in that. The two weekly meetings occured I would say twice and since then (quite a few months) I would say never.

 

 

Hope this helps

 

Alex

[Sali]

If you haven't appealed yet, you need to do so.

 

Out of interest what has happened when you have been on holiday or off sick?

 

Do you work remote from your management? Is it IT support you provide to a third party?

 

If you can get hold of a copy of the backup policy, read it and note what the advisories are for failed backups.

 

Read your job description. What are your responsibilities in relation to the backup procedures?

 

I do believe you have been used as a scapegoat by some very incompetent managers, who, I would guess, have no background in IT.

 

You have worked for this company a number of years. Knowing that the hardware/software was expanding and changing, it was their responsibility to ensure that you were adequately trained. They should also have put into place proper escalation procedures and tested, with you, the disaster recovery. You had already highlighted the lack of training and raised questions over the backup integrity. They have not responded. Together with this, if you are a remote worker, they should be contacting you regularly (I would say daily) to ensure that you were ok and coping and that all was well in a technical sense.

 

You should take somebody with you to the appeal. Normally this would be a colleague, but you work alone. Do you belong to a union? You mentioned that you are registered disabled. I have no knowledge of the law in this area and don't feel that you are being victimised because of your disability, but wonder whether you can contact somebody who can offer you assistance. My advice is don't attend without a witness.

 

I would be interested to know how this progresses. I think you have been very badly treated and it is your management, not you, that deserve the dismissal.

[godpikachu]

yeah, I would definatley make a written appeal to them stating that you should not be held rsponsible for the back ups failing due to firstly not recieving sufficient training over the years and secondly because the amount of systems you are expected to look after is too much for one person alone.

If they dont accept your appeal, then proceed directly to an employment tribunal. this costs nothing to do and could end up with you being given your job back or given compensation for lost earnings.

 

For the record, i will state that ECDL isnt worth the paper its written on, especially in relation to being a networks manager.

 

the problem is it sounds like your employer is trying to do things on the cheap, and id assume your employer is some kind of school or college, and as im sure you are aware IT is quite high on the agenda ofr modern educational needs, so your employer cant really be trying to scrimp and save a few pennie shere and there by not making sure you have the right level of training and skills, as well as equipment to do your job properly.

[IT Technician]

I do belong to an educational establishment.

 

I will be taking in a union rep.

 

I had a phone call this morning, 11:40 saying the suspension is lifted and I can go into work tommorrow pending the disciplinary meeting.

 

I then get a call at 13:40 saying the suspension is still in place and can I come in tommorrow for another chat/interview.

 

This pushed me over the edge and went to see my doctor. He has signed me off and the reason is work related stress.

 

As a side I found an e-mail that basically said, I need to do your review but X can't find your last one so we will do it without it. Also this review was way overwhen it shouild have be done as Y could not fit it in.

 

The lost review is the one that I expressed my concerns over workload and training.

 

Alex

[godpikachu]

if you do go, make sure you take a witness and make sure that you take notes about what is said and/or any agreements made. they cannot refuse you this and if they do they are breaking the law, thus meaning you are fully entitled to an employment tribunal.

 

ask why you have been messed about re the suspension, and make sure you bring up all the points about your lack of training and support, and ask why they havent really followed the standard disciplinary proceedure.

[patdavies]

I do belong to an educational establishment.

 

I will be taking in a union rep.

 

I had a phone call this morning, 11:40 saying the suspension is lifted and I can go into work tommorrow pending the disciplinary meeting.

 

I then get a call at 13:40 saying the suspension is still in place and can I come in tommorrow for another chat/interview.

 

 

You say educational establishment - is this a maintained school? If so, although the HT can suspend a member of staff for investigation, etc. only the GB can end a suspension.

 

It is very unusual to end a suspension before any disciplinary meeting,

 

Further, you cannot be called into a disciplinary meeting at a day's notice - they are required to furnish you with details of the allegations at least 7 days prior to the meeting.

 

It is significant that they are unable to find your previous review/PM docs. I presume that you asked for training as part of your PM and this was recorded? Again, if this is a maintained school, the PM regulations place a duty on the reviewer to securely hold a copy of a PM review for 6 years. if it is actually lost, then you manager/reviewer is potentially liable to disciplinary proceedings.

[IT Technician]

You say educational establishment - is this a maintained school? If so, although the HT can suspend a member of staff for investigation, etc. only the GB can end a suspension.

 

It is very unusual to end a suspension before any disciplinary meeting,

 

Further, you cannot be called into a disciplinary meeting at a day's notice - they are required to furnish you with details of the allegations at least 7 days prior to the meeting.

 

It is significant that they are unable to find your previous review/PM docs. I presume that you asked for training as part of your PM and this was recorded? Again, if this is a maintained school, the PM regulations place a duty on the reviewer to securely hold a copy of a PM review for 6 years. if it is actually lost, then you manager/reviewer is potentially liable to disciplinary proceedings.

 

It is a maintained school.

 

I have asked for all the evidence, e-mails, memo's notes etc before I go to any meetings, and will have a union representative with me.

 

Once this has been dealt with I will then persue a grievence procedure as I have had enought.

 

I went through some minutes from October 2006 onwards and it mentions extra support (because I raised my concerns of workloads and lack of training etc) but over two years later nothing has been done.

 

There is more but I would only drivel on.

 

So I'm in it for the long haul of getting this mess sorted once and for all.

 

Alex

[Sali]

You must be very stressed. From now on, when you do communicate with your employer, make sure it's written communication. Any meeting they arrange must be at the convenience of both of you. Obviously, if you are sick, now is not a good time. Keep a diary. I'd urge you again to contact whichever association is responsible for your disability. You will need support and someone with an objective head (reading posts in this forum I'm not sure a union rep would be my first choice). Your mind will be whirling with your employers' misdemeanours and failings and it will be useful if your witness is someone who has access to legal advisors. You need to construct a coherent case in a logical order, that contains facts that you can back up with evidence. On the point of the review, your employer should have given you a copy.