Sanctions Imposed Without a Disciplinary Meeting

[worried_worker]

I hope somebody can help me. Three weeks ago, the four staff members in my team received an email from our one of the four managers in our team informing us that they had reviewed the Internet usage of the team and they had concerns about the level of use but were not going to take action at that time but were going to monitor use over the subsequent months. Later in the afternoon we were sent an email from another manager asking us that if we use the internet at lunchtime to correctly ensure our timesheets are completed.

 

A couple of days later, we were spoken to individually by the same two managers and informed that their boss wished to investigate our internet use from the reports provided by IT and the matter could be taken to a disciplinary hearing. The following week, we were called individually to a meeting between this manager and HR and informed that she had concerns about the level of Internet use and that if we had used the Internet at times not recorded on our timesheets that if could be construed as fraud and she was taking advice from HR about what to do next.

 

After not hearing anything for two weeks and other work related pressures, I have been signed off by my GP with work related stress.

 

Yesterday, my colleagues were called into a meeting with the manager above and HR and were they were told that their internet usage had been calculated by the manager over a six month period and they have the option to either make up hours to cover the use or pay the employer the corresponding amount relating to hours multiplied by hourly rate.

 

Are they entitled to do this without having a formal disciplinary hearing to establish the case from both sides? At no point we were offered any representation as we were told that they were fact finding meetings. The companies Internet and Email policy makes no reference to paying back time/money if Internet use is considered excessive and the only calculation of time spent on the internet has been by the employer, the reports from IT have not been shared with the employees just a final breakdown of time/money owed.

 

Can anybody help? Thanks.

[honeybee13]

Hello there and welcome. I hope we can help with this and I see Bigredbus is hovering. Hello there BRB.

 

Have you seen the evidence of internet use that they're basing the accusations on? I wonder how they know what type of sites you were on and for how long. Does your day to day work involve the internet at all?

 

HB.

[Bigredbus]

Hi... and hello 'honeybee13'...

 

What you are saying is that they have suggested that you pay back your use of internet... at the fact finding meeting?

 

Having a companion at an investigatory meeting/hearing is not an obligation...

 

Your employer can only make deductions to your wages if you have previously signified in writing your agreement or consent prior to it being made (ERA 1996, s13(1)(b)).

[worried_worker]

Hi, Thanks you both for your responses.

 

Honeybee - I'm off sick at the moment but my colleagues have not been shown the evidence just an aggregated total usage over six months. The company has monitoring software which blocks certain sites and monitors the time spent on the internet.

 

My day to day work involves using the Internet occasionally.

 

Bigredbus - After the first meeting between us, the manager and HR the manager informed us that they were investigating Internet use, the second held yesterday was to state that we either paid back money equivalent to our usage or made the time up.

[teaboy2]

Hi

 

Are you able to post up a copy of what the companys IT and internet usage policy is? we will probably be able to give more accurate advice upon seeing exactly what the policy says.

[Bigredbus]

Hi, Thanks you both for your responses.

 

Honeybee - I'm off sick at the moment but my colleagues have not been shown the evidence just an aggregated total usage over six months. The company has monitoring software which blocks certain sites and monitors the time spent on the internet.

 

My day to day work involves using the Internet occasionally.

 

Bigredbus - After the first meeting between us, the manager and HR the manager informed us that they were investigating Internet use, the second held yesterday was to state that we either paid back money equivalent to our usage or made the time up.

 

Request that they direct you to the clause, or clauses, in your contract/statement of employment particulars, invoking such practice.

[honeybee13]

Thanks for the reply to my query WW. If you haven't been shown any evidence, how are you meant to know if the hours they're claiming you spent online are correct, I wonder? They could be pluckng figures from the air for all you and we know.

 

HB

[vapour]

Software used to monitor time spent on the internet does not provide correct data. For instance, you can open a website and then put it in the background while working on something, and flick into it each time you get a moment. Software will see this as unbroken time on the net. You may be able to use this as a defence.

 

Also, tell them that without any evidence comparing you to others you feel victimised. You could also say that them snooping on you is a breach of trust.

 

A test case against IBM found in favour of the employee when he was fired for excessive internet use. The company had not made the policy clear to the employee, and he had been looking at hardcore porn. He still won! The court said that employers expect work to affet employee's personal lives and they should accept that to some extent, personal lives will have an effect at work, including internet use.

 

Your call, complaining to an employer is never easy and can make things worse in our less than perfect world. But food for thought for you.