Suspended for inappropriate internet usage at work

SomeBozo

Theres a lot of questionable advice on this thread and I would suggest the OP gets proper advice on how to proceed.

Bogof_Babe wrote: »

It's half their own fault for having the Internet available on staff computers, if they don't want you to use it. I'm sure it could be set up so that you could only access the in house Intranet.

It isn't "half" the employers fault. Its like saying having no lock on the stationary cupboard means its "half" the employers fault if stuff gets nicked from it.

Two more things: you have been suspended from work for 2 weeks, if you do visit in person it is probably not a good idea to visit friends, pop your head in the old dept, be seen, let people know you are ons site,

I don't reccomend this unless you ring ahead. Suspended staff generally should not be on the premises without pre-arranging.

If they check your PC in the two weeks while you have been away, then this is illegal. There is a set legal forensic way to check PCs. Some things they must do is isolate the PC/room, and most importantly inform you beforehand and that you are under investigation and have removed your pc or/and are going to examine your PC.

Again, I disagree. Its not "your" PC, its the companies. And most companies hav some kind of firewall or web monitoring device that has no need to look at the actual PC browsed from.

I think the OP needs to take some of the advice here with a pinch of salt and get proper advice.

Bozo

Bogof_Babe

Bozo, mine wasn't "advice", it was an observation, and I stand by it. The comparison with the stationery cupboard is a totally different issue. Why have the computers set up so that individuals who use them are able to access forbidden functions? The OP says she was unaware until last week that it was against the rules, as were her colleagues, so it has obviously been common practice up until then.

milly09

I contacted Unison today and they cannot assist me as i have already been suspended, they can only assist people who are members prior to suspension.

I also contacted ACAS, the man asked me some questions and basically feels that as i was not physically shown an internet usage policy then they cannot expect me to just know. He gave me a list of questions i should ask at the meeting and stated that if it went badly and i was to appeal and then have to go to a tribunal then i should contact them again and they would assist me further. Which obviously i hope i don't have to do.

Thanks to those who suggested ACAS, i'd never have known about them otherwise.
I have tried to contact my local CAB but no luck yet.

sharkie

>

SomeBozo wrote: »

... Suspended staff generally should not be on the premises without pre-arranging.</p>


Again, I disagree. Its not "your" PC, its the companies. And most companies hav some kind of firewall or web monitoring device that has no need to look at the actual PC browsed from.

I think the OP needs to take some of the advice here with a pinch of salt and get proper advice.

Bozo

I do agree the op should get proper advice like a solicitor. I also think that her surfing is not the main disciplinary offence, as it seems minor and would get verbal and then written warnings.

Somebozo, I agree that the op should not be on the premises and hope she is smart enough to realise this from the hints. Some bits you are shaky on are: depending on the software used, if challenged in court you must have had had to go through a set procedure which does involve informing the person and securing their area and pc.

Secondly the manager can be dismissed if they secretly start to monitor, go through emails etc. the pc without first informing that person. It is illeagal.

Unfortunately there are often (have not seen a secure one yet) ways around or through firewalls, bypassing sites and security.


Milly, sorry the union would not give you some support. The crowd I'm which do not either; but for precedents (unofficially) they do go a bit out of the way if it could in the future effect other members (and they get a new recruit).

You need to exactly find out what your disciplinary is exactly for. You should have a letter telling you. Perhaps start a new thread?

The lessons are: a) always read and comprehend what you sign b) always make a copy.

Make sure that that hidden voice recorder works, you know how to use it, will record long enough even if the meeting vastly over runs, plenty of battery life and is good at picking up sound from shirt pocket, does not make a 'beep' noise when the battery/tape/memory runs out and a bit of black tape over the flashing light.

Take a friend, get her to make notes. Do not tell her about the pocket recorder before or after (she it a witness) as it may put her on the spot and possibly you both in a less favourable light.

When the company sends or give you the minutes, do not sign them on the spot. Make sure they correlate to what was said. Be aware of the tenses used. Some times in these minutes 'extra' paragraphs appear and 'I have not' become 'I have' or ambiguous. If you do not agree then do not sign!

Lastly get more and better advice.

Zazen999

sharkie wrote: »

>

Secondly the manager can be dismissed if they secretly start to monitor, go throught emails ect pc without first informing that person. It is illeagal.

Have you got a link to the legislation that says this is illegal?

*Vikki*

I had a scare like this a couple of years ago, I begged and said sorry and thank fully it was all dropped before investigation or anything. I got there to the manager before then as i caught wind of what was going on. Good luck i know i was just petrfied but easy for me to say but try not to worry.

foxy-roxy

I used to use the internet alot at work, ebay, facebook, and hotmail etc.
Then they just blocked the sites, although we are allowed to use the internet at lunchtimes, its not worth it because most of the sites are blocked.
I don't know why all companies don't do this?
Good Luck OP hopefully it will just come down to a written warning and then forgotten about.

Zazen999

I think it is a tad OTT and something that would be very simply sorted.

Issue an IT policy
Get everyone to sign it
Give people an hour's personal time max - during their lunch hour and ban any sites that you don't want them to access.

Simples.

I suspect something more is going on, personally; which is why the detail needs to be queried.

sharkie

Zazen999 wrote: »

Have you got a link to the legislation that says this is illegal?

from http://www.raeng.org.uk/news/publications/list/reports/dilemmas_of_privacy_and_surveillance_report.pdf

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Article 12 states:
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

The European Convention on Human Rights, Article 8, states:
Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the
economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

The UK is a signatory to the UN Declaration and has incorporated the European Convention of Human Rights in UK law. Freedom from arbitrary interference with privacy is therefore required by law and any interference with privacy must pass
the test of necessity.

I believe a good company policy that states the facts does overcome this issue and to whom the data etc. belongs to.

Have a look here http://www.dataclinic.co.uk/computer-evidence-investigation-faq.htm and you will see "Surely we can just take a look at the persons computer and scout around until we find what we are looking for then confront them with what we have found?
Your actions will almost certainly invalidate the use of the information held on the computer in any legal proceedings. Investigations must be carried out in a correct manner. See our page on the recommeded procedures in handling / seizing potential computer evidence."

http://www.diyspy.co.uk/InvestigatingEmployeeMisconduct.html

SomeBozo

sharkie

I am not sure what you are trying to prove by linking to Article 12 of the HMA. This act covers "arbitary" inference, ie where no link is made.

The second link is to a private company touting for "data recovery" services.

Either harldy legislation.

I would suggest that the OP gets proper legal advice (perhaps legal cover on home insurance) and lodge an appeal if possible.

But please do not try to hide behind the Human Rights Act when they look at your browsing history, or quote a website FAQ page for a company touting dat recovery services.

If the OP wants to PM I will give a link to another good source of help.

Bozo