Dismissal Hearing. Help!!

[billbob2424]

Hello all,

 

Bit of a major problem, could do with some advice.

 

I was called into the HR office at work today, and told I will be suspended on full pay due to inappropriate material flagging up on my internet usage. This is being investigated, and could result in my dismissal.

 

Now, I can categorically state I have NOT visited any sites that are inappropriate i.e. adult material, terrorist material etc. What I have been guilty of is leaving my computer terminal whilst logged on, and I can only presume that some other employee has used my computer terminal while I was away. The company has sent emails etc about not doing this. This was a new (ish) policy that was brought in by the company in regards Cyber Security.

 

I accept I have been stupid and forgetful by not locking my computer every time I leave my desk, but it isn't on purpose. I am getting married in 2 weeks, and so my mind is all over the place at the moment. Not a defense, but it hopefully explains why it happens. Also, the printer I have to use is in a corridor out of sight of my office, and so anyone could enter my office and I wouldn't know about it. There is no proof that I physically browsed the inappropriate web-sites, only that it happened using my log-in details.

 

Does anyone have any similar experience to this? I accept I have been forgetful, and I obviously need to ensure I always lock my computer, but I am scared half to death that I could lose everything due to this.

 

Any advice would be greatly appreciated

[ericsbrother]

One could ask why your terminal doesnt time out after say 5 minutes of inactivity to shield you from such problems. Your company may be investigating the use of web browsers in work time rather than the sites themselves. You should ask them for detail about the nature and when you know ask for times and dates to see it it coincides with time away from your desk that is corroborated by other methods such as CCTV or people's recollections.

[unclebulgaria67]

Hello all,

 

Bit of a major problem, could do with some advice.

 

I was called into the HR office at work today, and told I will be suspended on full pay due to inappropriate material flagging up on my internet usage. This is being investigated, and could result in my dismissal.

 

Now, I can categorically state I have NOT visited any sites that are inappropriate i.e. adult material, terrorist material etc. What I have been guilty of is leaving my computer terminal whilst logged on, and I can only presume that some other employee has used my computer terminal while I was away. The company has sent emails etc about not doing this. This was a new (ish) policy that was brought in by the company in regards Cyber Security.

 

I accept I have been stupid and forgetful by not locking my computer every time I leave my desk, but it isn't on purpose. I am getting married in 2 weeks, and so my mind is all over the place at the moment. Not a defense, but it hopefully explains why it happens. Also, the printer I have to use is in a corridor out of sight of my office, and so anyone could enter my office and I wouldn't know about it. There is no proof that I physically browsed the inappropriate web-sites, only that it happened using my log-in details.

 

Does anyone have any similar experience to this? I accept I have been forgetful, and I obviously need to ensure I always lock my computer, but I am scared half to death that I could lose everything due to this.

 

Any advice would be greatly appreciated

 

What you should ask them for is a full data record of all internet usage and all tasks done on that computer for the relevant period. Then you might find from records that you were attending meetings or doing something away from your desk at the time your computer was being used. It might also reveal who was using your computer, if they logged into their personal email account at the time.

 

My experience is that people are not normally dismissed unless the material accessed is illegal or used to offend others. I have seen people let go, if they were on probation, but others have received warnings. But usually they have been caught. If you have never been seen accessing dodgy internet sites, then the issue is leaving your computer unlocked and that could be more serious depending on your companies security rules. Suggest you check the companies discipline rules on security of computers. In some companies it could mean dismissal.

[billbob2424]

Thank you for the replies.

 

The letter I received stated that the issue was the inappropriate material accessed, not the fact I have left my computer un-attended. I haven't had the disciplinary hearing yet, but that will be one of my arguments. I am hoping that they will consider my distracted state of mind over the last few months.

 

As a bit of background, I have worked for the company for 8 years with no problems whatsoever, and the offences are from end of Sept to start of Oct this year, so obviously its a very recent issue.

[obiter dictum]

Inappropriate material can mean anything, not just the usual suspects

 

Your company might have a policy of not being able to access personal email as an example, or having a quick nose on eBay

 

Anything that is not part of your business can be classed as inappropriate material

[unclebulgaria67]

Thank you for the replies.

 

The letter I received stated that the issue was the inappropriate material accessed, not the fact I have left my computer un-attended. I haven't had the disciplinary hearing yet, but that will be one of my arguments. I am hoping that they will consider my distracted state of mind over the last few months.

 

As a bit of background, I have worked for the company for 8 years with no problems whatsoever, and the offences are from end of Sept to start of Oct this year, so obviously its a very recent issue.

 

Ask for the information in advance of the meeting, so you can check dates/times, which might confirm you were not there at the time.

[cleanslateguy]

Please could you provide some more information about exactly what was visited and also how many sites, duration if known.... have you had an investigation hearing yet? You have stated disciplinary.....

 

 

Are there cameras pointed at your desk where you have CCTV... could you evidence the time you were somewhere if needed e.g. If a page was visited at 11.03am but you can show that 11.03 here I am on CCTV at the printer doing this and that or outside the building having a cigarette or totally off premises?

 

 

If the inappropriate material is a pop up or something from one click from somewhere and can be construed as accidental, then you may have a case for accident and not meaning to but if it is browsing through youporn or something like that looking for something, then it will be evident in your history.

 

 

Also when did you commence employment with the company and how long have you been employed with them for? This has a big bearing on things as unfair dismissal claims cannot be brought about post April 2012 hiring and is now 2 years in employment until you can do this.