Gross Misconduct vs Resigned pending disciplinary hearing

theoretica

Discrimination - could it be argued? Given that their problem is with a type of picture which (I presume) has more female than male models.

marybelle01

theoretica wrote: »

Discrimination - could it be argued? Given that their problem is with a type of picture which (I presume) has more female than male models.

That may be the case - but that isn't discrimination. The OP would have to show that they wouldn't treat a male pornographic model in the same way, and I doubt they could prove that - in fact, given the response of the employer, it sounds like they would!

John_Pierpoint

How rich are the employer and the client needing a receptionist and that receptionist - I would think all three parties have an interest in reaching an equitable settlement and none of this nonsense about "gross misconduct"?.

http://www.youtube.com/watch?v=G-J7mLyD3yc

"Freedom is just another word for nothing left to lose" but do I feel a 5th estate twitter storm coming on? though I do know of two people who successfully rode a publicity storm in the red tops.

I think this is an interesting moment to contemplate how the rich and powerful can apply undue pressure, for example by employing a contractor and off loading their responsibilities that way.

I think, awful though they can be, we need to think twice about allowing the government to infringe upon the freedom of the press.

That said this singer did not manage to outlive her youthful publicity.
http://www.youtube.com/watch?v=WXV_QjenbDw

Ewarwoowar2

Having reviewed what you've said in this thread, I do not think that they can fairly dismiss you for the breach of trust and confidence issue. I see no reason why you were obliged to disclose your previous work to the current employer.

The difficulty you face is the lack of service require to bring a claim for unfair dismissal. You could argue that they are discriminating against you on the grounds that you are a woman. However, you'd have to demonstrate that a man in the same circumstances as you would not have been disciplined.

There have been a few cases, based on similar facts, regarding HUman Rights and the right to a private life. However, those cases involved employees with sufficient service to bring a claim.

My advice would be to go see a solicitor. Get him or her to write a threatening letter (discrimination, breach of human rights, etc..) and then negotiate your way out of the company with an agreed reference and perhaps some compensation for loss of office.

For what it's worth, I think you're being very badly treated.

Serena_Mason

marybelle01 wrote: »

Maybe I am just a cynic, but personally I would be looking closer to home. What are the odds of one of the clients staff/ customers or whatever, browsing a paid for !!!!!! site and just happening to think that a particular "model" looks just like the new receptionist if you aged her 20 years?????? Amongst - well, just how many nude women are on the internet anyway??? Thousands? Hundreds of thousands? Pretty damned slim I would think, especially since, whilst I cannot personally claim experience of such sites, but I have to assume they aren't studying faces too much whilst browsing. I'd lay bets that if the truth were told, this is personal, just like all those friends people have on Facebook. Somebody always knows, and the person most likely to shop you is a fried, a former friend, or someone you thought of as a friend.

I don't believe someone outside of my work would have reported this material to my work. For one, nobody knows about this material of me, except the photographers who I worked with nearly 20 yrs ago and who I have not known since then. I didn't tell my family, my close friends or now ex-boyfriends. Neither do I do social sites like Facebook, Twitter or dating sites. I am a hermit-like person with a small family and can count my friends on one hand, I haven't had a partner for years and I don't have children. I am very private and would not want people to know that that material of me existed.

AP007

Maybe we should question the client who found these photos online or wherever they did? I mean aren't they the shifty one here?

Serena_Mason

Treevo wrote: »

The client is probably angry with your employer for putting an undesirable (as they see it) staff member in a customer/client facing role.

In order to keep the client, they may have to fire you. This is the risk you ran when you made the decision to do what you did. There's no point in moaning about it now.

Yep if I had to bet on the odds of a dismissal tmrw I'd be a richer woman by tmrw. Most 20 yr olds run risks, it's part of life's learning curves. Just most risks stay back where you left them. When this material of me was made it was for members-only. Therefore for someone to report me back then they would have had to admit to being a member to gain access to the material. In my 20's I felt safe with that knowledge. I went back to a very normal life for the next 20 yrs and have never heard or thought anything about the material since then.

Because I don't use the internet for adult searches, I had no idea that now days members-only companies on the internet use images viewable in the public domain as links to attract non-members to click the image link which then takes them to a members only-page and where it asks them to sign up to access more images like the image clicked. Images were not used like that when I worked for members-only companies way back. The content was strictly for members only. Goodness it was all much more dated then, some of the members-only companies did not even have web sites then, they still dealt in catalogues and dvds back then.

Serena_Mason

Thanks to everyone for the responses here. I have not used a forum before and so was unsure if to. But it's been good to hear people's responses, particularly when I have been unable to talk to anyone about this matter, without having them knowing the details and I don't wish for that to happen.

I will speak to ACAS one final time in the morning to double-check some points and I will let readers know the outcome tomorrow so as to shut this chapter.

I should really head to bed shortly with the disciplinary hearing in 12 hours time.

I would just like to confirm a few things first though:

a) No-one else appears in any of the adult material mentioned in my OP. It is solo stuff. Not that that it makes the material more acceptable but for me personally I would not like it perceived that I have a !!!!!! past. That is not what the content found on the internet of me contained.

b) With regards to my OP the Company = who I am employed and paid by. The Client = is not a person but a large high profile company who the Company have a contract with.

c) I am not a member of a trade union so I will not have a representative at the hearing today. Neither do I wish another staff member to attend as my companion as I do not want anybody to know of this material.

d) When I was made aware during the investigation meeting that the Client had informed the Company that they had found material of me on the internet, I asked if the Client was absolutely certain it was of me. I was advised that both the Client and the Company had strong reasonable belief that the material was of me. Then they showed me a screen print in which I really do look much as I do today in my staff pass. I haven't changed that much over the years. In fact two weeks ago at the airport bar I was asked for ID by the man serving me, who was only around 7-10 yrs older than me and he said to me that he wouldn't know if I had not long left school. I haven't been ID for a couple of years now but up to then have been ID almost every time I've purchased alcohol since I was 18 yrs old.

e) Neither the Client or the Company accessed the concerned material using their companies internet. They had used their personal internet connections. I was informed of this at the investigation hearing. However I do wonder which reputable employee did view this material of me and then report me. I am sure the person wouldn't have explained how they had come across this material in their private time. They are more than likely to have said they heard a rumour that they felt they should report.

f) I don't feel anyone is looking to get rid of me from my position, which is for maternity cover. In 25 years of working, I have never had a disciplinary and have always had a good record of service and this continued in my current employment. I have not had a grievance with any member of staff and have not had a day of sick during my 10 months of employment and have come in extra hours outside of my contracted hours to cover sudden staff sickness for 3 days in a row. I was also told by my line manager 2-3 months ago that they had received separate compliments about my service from the Client's customer and also a visiting employee of the Client.

busiscoming2

I can't offer any advice, but I can't see that you have done anything wrong or how it affects your job now. I would like to know how the person 'found' your pictures?

Good Luck

Fluff15

How did your meeting go OP?