Discipline hearing for having a laptop stolen

cannyscot_2

brazilianwax wrote:

I'm an HR manager.

Seems like an incredibly silly thing to do to leave a laptop in view in a car. If that were her own laptop she wouldn't be covered for it on her car insurance. Similary, even if the employers had their kit insured it is unlikely they'd get a payout as it could have been prevented (by the laptop being in the boot).

Depending on what was on the laptop, and how secure it was, I'd say it was a warning for losing the laptop. If customer data or whatever is on there is a factor she could be looking at gross misconduct or final written warning. She could also be asked to fund the cost of the replacement. Depends what the company policy is.

Why did she leave the laptop in view??

Don't really know -it's a customer orientated job and I guess rushing to see a customer-custmer comes first etc



I'm going not from whether she should or should not have done it but I suppose from a legal point.

am I correct in thinking that her contrac t would have to say something about co property and surely that she asked are there any dos donts on the laptop in front of another colleague and got the answer no helps her.

Brazilian wax you are going from a place where procedures and proper contracts are in place-this is a bit of a hamfisted co where they make it up as they go along.


Q2


If she gets a "warning" does this do anything-can they communicate that to another employer? or is it better just to go along with it?

Can you take a lawyer to your diciplinary? or do you have to take a colleague?

I am a bit world weary/ cautious on this as a number of years back a co tried to shaft me after mat leave as they were selling the co and wanted to save a bob or two. Luckily they didn;t have a leg to stand on and I knew it-plus I am often on the side of a co trying to shaft an employee and the employee doesn't often actually realise.

She knows it was stupid and she would pay for another laptop but I feel she should fight any warning unless someone here tells me its not worth the bother.
If they actually tried gross misconduct on this one I really don't think they would have a snowballs-they would have to prove they had informed her of their rukes and regs?

brazilianwax

cannyscot wrote:

am I correct in thinking that her contrac t would have to say something about co property and surely that she asked are there any dos donts on the laptop in front of another colleague and got the answer no helps her.

Brazilian wax you are going from a place where procedures and proper contracts are in place-this is a bit of a hamfisted co where they make it up as they go along.


Q2


If she gets a "warning" does this do anything-can they communicate that to another employer? or is it better just to go along with it?

Can you take a lawyer to your diciplinary? or do you have to take a colleague?

She knows it was stupid and she would pay for another laptop but I feel she should fight any warning unless someone here tells me its not worth the bother.
If they actually tried gross misconduct on this one I really don't think they would have a snowballs-they would have to prove they had informed her of their rukes and regs?

I wouldn't bet on it - I'm the poor sod having to write and implement all the policies and procedures.

Allt he company would have to do is prove that they could expect their employees to exercise a certain level of care. If that isn't explicit anywhere they could argue that it's available somewhere that she could access. I have to say that our staff get mobiles, blackberries and laptops and I never specifically tell them not to leave it on view in a car - you expect them to have a bit of common sense.

The warning she received would have a fixed time on it - 6 or 12 months or whatever. At the end of that it should be removed from the file and effectively disappears. If she does anything else daft while the warning is still effective they can take that warning into account. Likewise it would have to be disclosed if details were requested of any warnings if she were to ask for a reference for a new job, but not once it had expired.

As for having someone to accompany her, while they should offer that it isn't necessarily okay for her to take anyone. Where my sister works they can't take anyone other than a colleague or company union rep - strictly no outsiders/family etc. Depends what their policy is.

Gabs_3

Not quite true that you can't take an 'outsider' The employment rights act gives an employee the right to be accompanied by an qualified trade union representative'. This applies even if the company doesn't have a recognition agreement with a trade union.

the most important thing here is that she needs to properly consult the company policies and procedures. However if the company either doesn't advise her of her right to be accompanied or denies her this right then she should file a grievance under the statutory regulations. If it ended up at tribunal their failure to adhere to her rights would go against them. However there doesn't appear to me to be any reason why things should go that far. IT is likely to result in a verbal warning that should last 6months (the company handbook will specify the exact details).

brazilianwax

brazilianwax wrote:

As for having someone to accompany her, while they should offer that it isn't necessarily okay for her to take anyone. Where my sister works they can't take anyone other than a colleague or company union rep - strictly no outsiders/family etc. Depends what their policy is.

So in answer to the OP's question, his sister isn't automatically entitled to take a lawyer with her.

(I did say that my sister can take a union rep as as they have them in-house that's who they use (even though they are totally !!!!!!))

Gabs_3

My point was that you can take any union rep of your choice. It doesn't have to be an 'in house' one if your not happy with them. The employer cannot dictate who your union rep can be.

In addition the employers own policy might give her additional options other than the colleague or union rep covered by employment law. for instance if their policy was quite vague and said soemthing like 'accompanied by the companion of your choice' then she could take a lawyer. However very few companies are this relaxed and most will restrict you to what is laid down in law.

to be honest without more information as to what the company are actually saying we could go round in circles forever.

brazilianwax

Gabs wrote:

My point was that you can take any union rep of your choice. It doesn't have to be an 'in house' one if your not happy with them. The employer cannot dictate who your union rep can be.

In addition the employers own policy might give her additional options other than the colleague or union rep covered by employment law. for instance if their policy was quite vague and said soemthing like 'accompanied by the companion of your choice' then she could take a lawyer. However very few companies are this relaxed and most will restrict you to what is laid down in law.

to be honest without more information as to what the company are actually saying we could go round in circles forever.

that's true!!!