Re-location after viewing pornography?

jonnygee2

If they have blatant proof of viewing pornography that's normally grounds for gross misconduct and can result in instant dismissal. Why is the employer keeping them exactly? Sounds like they're a high performer or have friends higher up

I think that's a company decision. Firing well performing staff involves a lot of potential costs and risks for the employer. Watching !!!!!! when other people can see you, yeah that's pretty bad but we don't know the full story there either.

Without knowing anything about the situation I wouldn't judge either way. But, after all the toing and froing with HR complaints, leaving the job might well be a necessity anyway. 

Undervalued

Lil306 said:

I'm personally a bit confused about the company. 

If they have blatant proof of viewing pornography that's normally grounds for gross misconduct and can result in instant dismissal. Why is the employer keeping them exactly? Sounds like they're a high performer or have friends higher up

I'd be questioning HR or looking at leaving the job sounds like a right !!!!!! show of a place if they let employees get away with things like that. 

Well you have probably answered your own question but it is completely irrelevant why the employer chose to take little or no action. It is entirely their privilege.

"I'd be questioning HR" - really? On what grounds? HR are there to do the company's bidding not to act as some kind of neutral arbitrator.

elsien

I agree. HR would be breaching confidentiality in discussing the outcomes and sanctions that have come from the other person's discliplinary with the OP, given that the aspects  they felt were aimed at them have not been upheld. The rest is not OPs business any more unless there are further incidents that they need to raise. 

steampowered

It's impossible to comment on this sort of situation without knowing all of the facts. When you say pornography, what are we talking about here? Are we talking about watching hardcore stuff pornhub in full view of everybody during work hours? Or are we talking about reading the Sun and having page 3 open?

Neither are acceptable, but one is far worse than the other!

Pornography is an example of something which MIGHT be gross misconduct. It isn't necessarily always gross misconduct. It will depend on the circumstances. 

Given that this person put in a bullying complaint against you, which was upheld - what did you do wrong? It sounds like you might not have entirely clean hands here?

mr_stripey

whilst viewing pornography is probably best kept as far away from work as possible, there might be a difference between say watching some "entertainment" on a [company] laptop in your hotel room (for example - not based on real example) rather than having it on in the middle of the office where everyone can see it (also not based on real example!) 

SadieO

Undervalued 
"I'd be questioning HR" - really? On what grounds? HR are there to do the company's bidding not to act as some kind of neutral arbitrator.

A comment I once heard that has always stayed with me... "HR aren't there to protect you, they are there to protect the company from you"

mr_stripey

SadieO said:

Undervalued 
"I'd be questioning HR" - really? On what grounds? HR are there to do the company's bidding not to act as some kind of neutral arbitrator.

A comment I once heard that has always stayed with me... "HR aren't there to protect you, they are there to protect the company from you"

This is very true. HR like to portray themselves as "looking after" employees, but the reality is they aren't there to go in to bat for you, but to protect the company's interests!

IAMIAM

Interesting views here, my sister is an employment judge and in situations like this, where you feel the employer is in the wrong, the only way to instigate anything or something is to take it out of the employers hands. All too often you hear the replies you are getting already just to your simple question, but ultimately once employment law takes over, the onus is on the employer to justify why they have made their decisions and why they have chosen not to follow their own policy. They usually don't have a leg to stand on and then you'll find you were right to pursue something. Far too often HR ends up being pulled apart because they decide having CIPD Level 7 means they suddenly think they are Judge Rinder (not my words).

elsien

IAMIAM said:

Interesting views here, my sister is an employment judge and in situations like this, where you feel the employer is in the wrong, the only way to instigate anything or something is to take it out of the employers hands. All too often you hear the replies you are getting already just to your simple question, but ultimately once employment law takes over, the onus is on the employer to justify why they have made their decisions and why they have chosen not to follow their own policy. They usually don't have a leg to stand on and then you'll find you were right to pursue something. Far too often HR ends up being pulled apart because they decide having CIPD Level 7 means they suddenly think they are Judge Rinder (not my words).

And in this instance, which specific employment law would you suggest the OP takes them up on? 

Savvy_Sue

I'd join a union, if not already in one. But then I'd keep my head down and hope there was no recurrence. If there was, I'd want a union rep on my side.