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Gross misconduct


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Hi all

 

Hope you can help. I have recently been suspended from work for use of works laptop in company time where a link for a pornographic site was pressed and viewed.

 

My work have given me 2 choices appeal and go down the disciplinary route or Resign.

 

If I resign they say I will not be entitled to any salary.

 

Contract states that works laptop should not be used within works time, so I know they have me there.

 

My main concern is do I email a resignation latter and state I will give them 4 weeks notice and do you think I will be paid for it?

 

I have been with the company for 2 years.

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Hi Mc

 

Welcome to CAG

 

The guys will respond shortly.

 

The "gal" says.....

 

I think you are screwed by what you were looking at more than when you were looking at it! This is certainly gross misconduct, and no question, so I am afraid that dismissal would likely be without notice. On this basis, the employer may not be willing to accept "four weeks notice". You will have to see what the employer says to your proposal - their response may be "See you in a disciplinary in two days".

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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You seem to be disassociating yourself from the accessing the porn site. Are you saying you did not do this or is your admission "Contract states that works laptop should not be used within works time, so I know they have me there." also an admission that you did access the porn site?

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