Help Needed-Suspended from work

omen666

SarEl wrote: »

Sorry, I have to disagree - it is not just about what he wrote. It is also about when he wrote it. Even if there were no IT policy at all (and I very much doubt that is the case given the nature of the employer), if he was sending e-mails of the most innocuous but personal nature during working time then he was not working. That is a disciplinary offence in itself. I see little point in the OP telling anyone here what he wrote (other than for prurient interest) because what we think of the e-mails isn't relevant - it is what the employer thinks about them that will matter.

As I stated we are not in full posession of the facts therefore he couuld have sent it when he got into work and hour before his start time or lunchtime. So you are incorrect at this moment in time and it was the wrong advice. I did state we need more facts in my prvious post

bristol_pilot

It is important to obtain a copy of the IT policy. The policy at my company for example, does allow personal use of company systems and emails for personal use even in company time to a 'modest' and 'not excessive' extent. But anything that could bring the company into disrepute, such as sexual content, is beyond the pale. The OP may be guilty of bringing the company into disrepute, but could argue in mitigation that this is only to one person - his girlfriend - not to the wider public or to the business community. I would have thought this would lead to a written warning, rather than dismissal, providing they don't dislike the OP for other reasons anyway.

SarEl

omen666 wrote: »

As I stated we are not in full posession of the facts therefore he couuld have sent it when he got into work and hour before his start time or lunchtime. So you are incorrect at this moment in time and it was the wrong advice. I did state we need more facts in my prvious post

I am not incorrect because at no time did I say that he had sent it during working time - I said it mattered when he sent it (twice), because if it was during working hours then that could be a further allegation. Do not put words in my mouth.

Uncertain

I agree with most of what has been said so far.

Do check the email policy carefully. As stated it is quite possible that limited personal use is allowed (my last employer had a policy that stated this). If not, the assess if this has in fact become normal custom and practice - i.e. is everybody doing it? Even if so, I would keep this fact in reserve and still go with the advice of apologise profusely in the first instance.

I also agree that if you are regularly at work for more than your contracted hours this is at least some defence to an allegation of doing it in working time