Disciplinary Hearing - Help Please

jackalg1

Hello
I was suspended from work a week ago for allegedly sending customer information to a work colleagues Personal email address which i deny

Today 23/8/19 i received the evidence which are screen shots of Microsoft outlook showing the emails in Deleted , the Time, Date and the Recipient .

They have requested i go to the hearing in Tuesday next week , with no time to prepare. ?

I was also sent a copy of my " Employment acceptance letter" from 7 years ago , Along with a copy of the staff handbook . The acceptance letter states that i would receive a Contract of Employment and a Company Staff handbook - which i have Never received Previously .

There is a witness statement enclosed which states this person heard a conversation between myself and the Person i was supposed to have sent the email too. The Date the alleged conversation was suppose to have taken place was 2 days after the date the emails had been deleted . - Also the company is refusing to reveal the identity of the witness .

There is also another member of staff who uses a computer who can gain access to my login and desk share information ,including Outlook from that computer

This is everything i have been given , could someone help me and let me know what i could do and where i stand ?, especially on the following - etc ?

The lack of time given to prepare - what are my rights ?

The issue of never been given a contract of employment or staff handbook that sets out my working rights , Data protection and Disciplinary hearing information .

The Lack of witness visibility and the fact that the conversation was meant to have taken place a number of days after the alleged incident

Also where would i stand on another member of staff having access to my system .

Is there anything else i could do to enable me to have a better chance


Many thanks

TadleyBaggie

jackalg1 wrote: »

There is also another member of staff who uses a computer who can gain access to my login and desk share information ,including Outlook from that computer

That doesn't seem right, wherever I have worked an individual login was only known by the individual and it was mandatory to log off or lock the computer when leaving the workstation.

sportsarb

What is your position on the e-mail? That you did send it but to the right address? That you didn’t send it?

How would this other person have got your secure log-in details? Doesn’t everyone have their own log in information?

Is your workplace unionised?

Undervalued

jackalg1 wrote: »

The lack of time given to prepare - what are my rights ?

It would be unwise of them not to allow you a reasonable amount of time to prepare but there is no hard and fast answer.

The issue of never been given a contract of employment or staff handbook that sets out my working rights , Data protection and Disciplinary hearing information.

They will doubtless say you were. In any case if this came to a tribunal there is no longer any automatic award for this failing. I assume you have a copy now?

The Lack of witness visibility and the fact that the conversation was meant to have taken place a number of days after the alleged incident

Ultimately it comes down to what a tribunal would find reasonable and how relevant it is for you to know the identity. If, for example, you were in dispute with another member of staff and you suspected they may be making false accusations then it could be very relevant.

Also where would i stand on another member of staff having access to my system .

Obviously it introduces some doubt as, assuming it happened at all, you would presumably say it must have been the other person.

Is there anything else i could do to enable me to have a better chance

Prepare your case carefully and be wary of making accusations without evidence.


Many thanks

I have answered your specific points above, however a few more general issues....

An employer needs to make a reasonable attempt at conducting a fair process. Following the ACAS guidelines is a good way of doing so but it is not the only way. There are no longer statutory procedures that must be followed to the letter.

A disciplinary hearing is not a court of law and the employer is not expected to have legal expertise or police like detective powers.

The level of "guilt" is that the employer must have a "reasonably belief" that the misconduct took place. That is vastly less than a criminal case which must be proved beyond a reasonable doubt.

You are entitled to be accompanied at the hearing by an accredited trades union rep or a company employee of your choice. The employer may allow you a wider choice (e.g family member or even a solicitor but they don't have to).

JReacher1

How much time do you need? It seems you have a few days to prepare which seems enough.

If you didn’t do it then they can have no evidence you did it. All they will have is the witness statement. You will have your statement and your colleagues statement (confirming that you didn’t send them any email).

Seems to me like you have a strong case.

Yellow_mango

Seems like there’s a lot of information missing here.

Was the email sent?
Was the colleague to whom it was allegedly sent either the complainant, the witness, or the person who had access to your account?
If the email was sent, but your defence is that it wasn’t you, are you alleging that it was the individual who has access to your account? If so, what would be their motive for doing so? Is there any other possible explanation? Could anyone else have accessed your account?

ohreally

jackalg1 wrote: »

I was suspended from work a week ago for allegedly sending customer information to a work colleagues Personal email address which i deny

Ok, but did you do it?

74jax

What were you doing at the time the email was sent.
Where were you, who can confirm that.
How can you prove this.

I would also go through how they allow 2 people the same log on details. This is a huge security breach to me, but could go in your favour.
How can they tell which of you sent it. If you can prove you were not at the computer then surely it is the other person which they gave exactly the same log on details too they need to question.

Also being told on a Friday the hearing is Tuesday seems reasonable to me. However if not for you, explain you need more time to collate xyz (whatever it is you are collating)

shortcrust

74jax wrote: »

What were you doing at the time the email was sent.
Where were you, who can confirm that.
How can you prove this.

I would also go through how they allow 2 people the same log on details. This is a huge security breach to me, but could go in your favour.
How can they tell which of you sent it. If you can prove you were not at the computer then surely it is the other person which they gave exactly the same log on details too they need to question.

Also being told on a Friday the hearing is Tuesday seems reasonable to me. However if not for you, explain you need more time to collate xyz (whatever it is you are collating)

Sitting at a computer sending an email...

jonnygee2

They have an email form your account, and a witness statement from someone saying you sent it.

This sounds like very convincing evidence. Unless you can come up with, say, CCTV footage of you being somewhere else when this was sent I think you have lost this one.

It may not be a sackable offence, so I think if I were you I'd forget whether or not you did it, and just admit guilt and apologise/grovel. If you can't get out of dismissal, try to persuade them to give you a factual reference which doesn't mention the dismissal.

kanosam

they have the time and date that the e-mail was sent.., can you prove that you wasn't at your desk at this time?
is it an "open office"?

were you alone at the time and date the e-mail was sent?

the person you say might have your login details.., where were they at the time that the e-mail was sent?

usually, everybody has they own login details, username and password and you are told, never to share these. you should also have been instructed that you MUST lock your computer every time you leave your desk.

if it was a customer's personal details like their address, i think you might be in trouble....

i think they have given you a reasonable amount of time to prepare also..