Suspended - help please

RiverStar

Thank you Philanthropist for your reply regarding posts above. I agree most of the country would be minus office workers. I feel it was harsh suspending me as I'm the only one who does my duties. I cant help feeling (as jobbingmusician said earlier), it may be a way to push me out. My company can be like that. But unless they show me the evidence, l dont know what l said which would warrant this. Unless they are focussing on the misuse ...in which case it should actually say no personal use permitted at all. The word 'excessive' could be interpreted as 'some'.

@fruitdeli - of course I'm paid to work and you don't know the whole story or even my companies policies...so please..no need to point out the obvious but thanks anyway for your response.

@undervalued - thanks, l agree. I do actually go beyond my jd at times and feel that if personal use was such an issue, l could've been approached first.

@ozzuk - I do think its rather harsh the way its been handled. Also, hindsight is a wonderful thing re giving a temp manager my password. I'll learn the hard way..it would seem.

Thanks all for advise, I'll keep you guys posted.

RiverStar

PHILANTHROPIST wrote: »

Re above. You say and I quote - "We don't know how long it takes OP to send off the personal emails, and we don't know how many times it's done per day or week."

With regard to the above I agree with you. Let's wait and see.

To clarify...l would receive an email and type a quick reply. Thats it, no long conversation as l am actually too busy. Total amount of emails is probably a few a month.

Torry_Quine

PHILANTHROPIST wrote: »

Are you and fruit deli employment judges ? Who knows you may be right ; but it's unlikely.

Employers have to do what is fair and reasonable in the circumstances.

To accuse prima facie an employee of gross misconduct for making the occasional personal call is in all likelihood unfair, unreasonable and a disproportionate response. On that basis at least two thirds of office based employees in the UK will be summarily dismissed and out of work before the end of the month.

I don't think it's gross misconduct if this is the first time but in my opinion this is misuse of company time and equipment and if this is a common practice amonst employees then that is wrong.

I also don't understand why you would need to e-mail your partner anyway.

fruitedeli

Torry_Quine wrote: »

I don't think it's gross misconduct if this is the first time but in my opinion this is misuse of company time and equipment and if this is a common practice amonst employees then that is wrong.

I also don't understand why you would need to e-mail your partner anyway.

This is the first time the employer's brought it to OP's attention but it's not the first time OP's misused paid working time to send off personal emails. The examples OP's given do not appear to be family emergency situations either. It's not as if someone's calling OP to inform her a close family member is currently in critical condition at A&E. Could have just waited until her break or after work. I find it troubling OP previously thought it's okay to do personal things at work and only realise it's wrong after being told. Things like this shouldn't need to be told.

RiverStar

Torry_Quine wrote: »

I don't think it's gross misconduct if this is the first time but in my opinion this is misuse of company time and equipment and if this is a common practice amonst employees then that is wrong.

I also don't understand why you would need to e-mail your partner anyway.

Hi Torry, l don't get a signal on my phone so l asked a previous manager if l could (on occassion) email my partner as l didnt want to be on a personal call on switchboard in case someone calls. He said this was fine of course as long as it wasn't all the time.

I had checked the IT policy and since it quoted ' excessive' use, l presumed it would be ok.

I do agree with all those who have said personal use is wrong but l think it should depend on circumstances and its not as though l was using it for ebay etc.

One things for sure, l wont be using it for anything other than work in future. Its not worth it.

RiverStar

fruitedeli wrote: »

This is the first time the employer's brought it to OP's attention but it's not the first time OP's misused paid working time to send off personal emails. The examples OP's given do not appear to be family emergency situations either. It's not as if someone's calling OP to inform her a close family member is currently in critical condition at A&E. Could have just waited until her break or after work. I find it troubling OP previously thought it's okay to do personal things at work and only realise it's wrong after being told. Things like this shouldn't need to be told.

Hello fruitdeli, in essence l agree with you, l dont get a mobile signal at work and l did have previous managers permission to use it on occasion.

Actually, it was used for an emergency situation once when a family member was taken into hospital. Is this a crime?

My point is, why now after 4 yes employment, is it suddenly an issue?

Their own policy says 'excessive' and your definition of excessive may be different to mine or there's.

Ozzuk

fruitedeli wrote: »

Perhaps an increase in morale, but lol@increased productivity.

Employer doesn't have to tell you such policy exist, providing it's reasonably visible for you to read. It can be a piece of paper on the wall or just some warning text on screen.

It's also implied when an employer pays you to work, you work, not do something else?

I think that is part of the problem - ambiguity, you are using words such as reasonably visible, implied...all terms which can lead to legal issues, though I'm also guilty of saying must when that isn't true at all times. Should would be better.

The laws around this are a minefield and lacking, and I only deal with IT side (and then limited).

However I still maintain the wording of this policy uses the word excessive, suggesting limited usage is actually perfectly fine and that would be key for my defence.

pelirocco

fruitedeli wrote: »

It's common sense. Did you think they're paying you to sit around to chat or do something else other than work? You're paid to WORK. Not to do personal things during working hours.

Employer doesn't have to talk to you about it first. It's a nice thing to do if they're lenient, but if they feel like setting an example then you're in trouble.

It needs to be set out in the company handbook as far as I am aware , so yes they should make you aware of the company policy on email usage .

JunkUtopia

I don't have any points that haven't already been stated other than to say if I was in your situation I'd be using these 2 weeks to do some serious CV writing / job applying!

pelirocco

http://www.acas.org.uk/index.aspx?articleid=2177

7. If there is an investigatory meeting this should not by itself result in any disciplinary action. Although there is no statutory right for an employee to be accompanied at a formal investigatory meeting, such a right may be allowed under an employer's own procedure.


OP you need to check your employee handbook / contract .