Help!!!! unfairly dismissed

Kbubbles

Hello, I've been a stalker for a while now but I really need some help so I have joined.

I have been involved in a disciplinary process at work for about 2 weeks now and today I have been dismissed.

I will try to keep to the facts and keep this as smile as possible.

I had a group of friends at work were all young girls and about a month ago we had a falling out outside of work.

2 months ago one of these friends sent me a photo which was of personal details belonging to a manger where I work.

A few weeks ago I was accused of taking this photo and distributing it around my workplace and around competitors therefore bringing the company into disrepute.

The group of girls I have fallen out with have all submitted statements to this effect and have said to various people that they have wanted me sacked.

One statements as taken from a colleague in a different area which said one of these girls sowed him the photo on what he believed to be her phone but in my hearing I was told his statement was wooly as he couldn't be 100% sure it was her phone or I could have sent it too her.

People who would agree that I didn't take this photo were not asked for a statement.

I have been told I have 5 days to apply for an appeal.

What can I do? Obviously I didn't take the photo or I wouldn't be asking for help but I can't prove it as my phone went through the was only a week before this all started.

I really don't want to lose my job I love my work, I also work in a very tight knit industry so if I get dismissed not only will I have a bad reference if I take them to an industrial tribunal no other company will employ me as I have seen this happen to others.

Thanks in advance

Kbubbles

getmore4less

Two aspects
1. can you show/prove you did not take the picture
Is the photo in digital form what format? check the properties
how did it get sent to you
Would they have known it was being taken.

2. can you show/prove you did not distribute it.

Uncertain

If any of these people are willing to give you a statement confirming that you didn't take the photo that should be a great help in an appeal.

As suggested, the technical info from the photo may help. I can offer advice on this if necessary.

To dismiss fairly (in law) a firm only needs a reasonable belief that the misconduct happened. It does not need anything like the standard of proof that would be required in a criminal case.

If the worst comes to the worst and you have a good case to take to a tribunal the firm may well settle "out of court". Such a settlement would normally include an agreed reference.

Kbubbles

I received the photo on my work phone which then went through the wash but its an iPhone and work have the password to the apple ID I did mention this in my interview about getting IT to check any backups and they could see it had been sent to me but they are saying they are unable to do this.

I don't know who else in the building was sent the photo to get them to confirm who sent it to them nor do I know anybody at this particular competitor to find out who send it to that business so I'm really at an end as to how I can prove it wasn't me.

I only wish I had the forethought to report my fired when it happened.

Thank you for your reply

Kbubbles

Uncertain wrote: »

If any of these people are willing to give you a statement confirming that you didn't take the photo that should be a great help in an appeal.

As suggested, the technical info from the photo may help. I can offer advice on this if necessary.

To dismiss fairly (in law) a firm only needs a reasonable belief that the misconduct happened. It does not need anything like the standard of proof that would be required in a criminal case.

If the worst comes to the worst and you have a good case to take to a tribunal the firm may well settle "out of court". Such a settlement would normally include an agreed reference.

Thank you for your reply.

If as I am no longer an employee could I ask for the password to my apple Id to enable me to look at backups from my iPhone?

This was both my personal and work phone.

Thank you

Uncertain

Kbubbles wrote: »

If as I am no longer an employee could I ask for the password to my apple Id to enable me to look at backups from my iPhone?

That I don't know I'm afraid.

What I was meaning is if somebody has the photo on their computer it would normally contain what is called metadata. This would usually identify the camera, camera settings, date, time and quite a bit of other information which may help to prove that you couldn't have taken it.

Should tribunal proceeding be started you may well be able to get an order requiring the firm to disclose information. However this will not be as easy for an internal appeal.

floopnoodle

Your network provider should be able to tell you whether you sent or received the photo if it went by MMS rather than bluetooth/wi-fi etc.

Kbubbles

Uncertain wrote: »

That I don't know I'm afraid.

What I was meaning is if somebody has the photo on their computer it would normally contain what is called metadata. This would usually identify the camera, camera settings, date, time and quite a bit of other information which may help to prove that you couldn't have taken it.

Should tribunal proceeding be started you may well be able to get an order requiring the firm to disclose information. However this will not be as easy for an internal appeal.

Thank you I shall ask anyway and see what happens

lulu650

Hi, sorry to hear about your problems.

I don't understand how a work phone can also be used as a personal phone too. In fact, it could be a disciplinary offence alone if personal phonecalls are being made and photos are taken on a work phone. I think any employer would be concerned to hear that a work phone ended up in the wash.

However, at your appeal you either need to bring evidence to show that it was not your phone that took the photo or ask the workplace to prove that it was. If that phone is now damaged and although the workplace now can't prove that your phone took the photos it is conceivable that they would think you damaged it on purpose in order not to get fired.

If the workplace cannot provide the technical evidence to show that the photos were sent from you to other colleagues phones then you are in with a chance.

It is vital that if you go to an Employment Tribunal that you go through the appeal process as all internal proceedings need to be exhausted first.

How long have you been working there?

missindecisive

are you in the works union?

Kbubbles

lulu650 wrote: »

Hi, sorry to hear about your problems.

I don't understand how a work phone can also be used as a personal phone too. In fact, it could be a disciplinary offence alone if personal phonecalls are being made and photos are taken on a work phone. I think any employer would be concerned to hear that a work phone ended up in the wash.

However, at your appeal you either need to bring evidence to show that it was not your phone that took the photo or ask the workplace to prove that it was. If that phone is now damaged and although the workplace now can't prove that your phone took the photos it is conceivable that they would think you damaged it on purpose in order not to get fired.

If the workplace cannot provide the technical evidence to show that the photos were sent from you to other colleagues phones then you are in with a chance.

It is vital that if you go to an Employment Tribunal that you go through the appeal process as all internal proceedings need to be exhausted first.

I was told I could use the phone as a personal phone also so they are well aware of this its what they say is a perk of my job and the fact it was damage ment they claimed it back on the insurance as it was an accident if they believe it as done on purpose surely the insurance wold be invalid. Anyway that is not he issue.

The phone was an iPhone and I have had one previously and it has the facility to back up while not in use and on charge which was most nights so there should be back ups from when they phone was in use which will prove that I received the photo and did not send it on but if they say this ant be done how can I get them to do this when I know it can.

Thank you for your reply