please help

Merlot

If you are contemplating dismissal – or action short of dismissal such as loss of pay or seniority – you must follow, as a minimum, the statutory procedure. If this procedure is not followed then an employment tribunal may judge the dismissal 'automatically unfair'. The compensation will increase or decrease – by between 10-50 per cent –depending on whether the employer or employee failed to follow the procedure.
Where employees are dismissed they may make a complaint to an employment tribunal if they believe their dismissal is unfair, although ordinarily the employee must have one year's service. It is for the employer to show the reason for the dismissal and that it was a fair reason.

THIS IS COPIED AND PASTED FROM ACAS

SmlSave

Did you get a verball warning first?

RAS

skintnow wrote: »

hi jo thank you for taking time to post....just normal websites...nothing smutty or anything like that..ebay..bbc news...harmless stuff...i do have a copy of the dismissal procedure they gave me yesterday....and its in there...what fair usage is i dont know?....i know i was wrong and have admitted that....i wish i could turn back the clock

Skint

I know you are reeling from this but please please listen. if they gave you a copy of the dismissal procedures yesterday, then they do not have a leg to stand on.

Please contact ACAS here http://www.acas.org.uk/index.aspx?articleid=1461 and take legal advice. I think you have a case for unfair dismissal.

Deposit_saver

Also if you have any meetings to discuss this be sure to take a witness in with you and make sure everything is documented correctly. It sounds to me like they are trying to pull a fast one and are looking for staff cuts.

skintnow

they have given me a letter to invite me to a disciplinary meeting....on that letter the action or possible outcomes are nothing to dismissal....in speaking with my boss yesterday and the director they said that i could also resign that way keeping my 3 month notice period and a reference...they also gave me a copy of the disciplinary and dismissal procedure....which states amongst other things under gross misconduct breach of the email and internet policy..

RAS

Skint

Unless you were given that procedure before you used the internet and they can prove it, then it is worth so much paper. Please ring ACAS and get to know your rights. They are trying to panic you.

And make sure you take a friend to any hearing.

Pollycat

In just a few hours you've been given some great advice and several ways forward, please do follow the advice and fight this - it really does sound like you've been unfairly treated.

jo1981_2

Look through your contract that you should have been given and signed before you started and look for their policy on email/internet.

If you are having a disciplinary this still doesn't mean you will be asked to leave, it could just be that they will mark it on your permanent record and then after you have been a "good employee" again for a while it will be taken off.

I would go to the CAB and get proper advice. Lots of people have missed out on counter claims to companies because they can't be bothered to fight, don't know their rights etc.

OH and remember, its illegal for a company to give a bad reference.

Merlot

jo1981 wrote: »

OH and remember, its illegal for a company to give a bad reference.

This is copied and pasted from direct.gov.



References


Does your employer have to give you a reference?

If you want to leave your job you'll probably want a reference. It's good practice for your employer to give one, but they don't have to if your contract doesn't say they have to, except in some regulated industries like financial services.

Merlot.x.

jo1981_2

true actually they don't have to give one (forgot that)
BUT
they cannot give a bad reference. Or if they do, and you find out, you can take them to court for hindering future job prospects/defamation of character
human rights and all that
That's why these days lots of co's just have standard references with dates employees worked and wont comment on their actual work. Keeps everyone happy!!!