WORD FILES - Date modified query - URGENT

Fountaine

#20 Thanks everyone. It seems most people presume I am a man ! I am in fact a woman, approaching 60 who has worked hard all her life and had an unblemished career since leaving school. I can't believe this is happening to me as the course he has taken (I received my dismissal letter this morning) would appear to affect benefits (can't claim for 26 weeks), questions my integrity and I would imagine renders me unemployable, and is so destructive. At the worst I have been naive by storing some personal files on a work computer but this has put me on a par with a terrorist or a paedophile. I had no warnings and wouldn't have thought it constituted gross misconduct and instant dismissal. My contract had the usual list of - fighting, turning up drunk, stealing, but said the magic words - list is not exhaustive - As I own a house I am not entitled to any sort of free legal help. I am seeing a solicitor again on Tuesday

ronben

Go to CAB or/and ACAS asap.

rumpelstiltskin_2

Have you checked to see if your home insurance provides legal advise? Quite a few do.

ACAS can also be helpful

Fountaine

#23 & #24

Unfortunately no legal cover as part of insurance as I ticked the No box for the first time when renewing to save a few pounds. To try to get through to ACAS helpline is like trying to win tickets for a Led Zepplin reunion concert! I had them on redial for two days, and was trying every few minutes only to get recorded message re busy try again later. I have seen a solicitor who I found when trying to find local CAB and he seems nice but it is of course going to cost me when I can least afford it. Don't have any choice though but to fight him

timestar

If your disciplinary record at work was clean, then your employer could only dismiss you in this way for gross misconduct. As someone who worked in HR for several years, I cannot see that having personal files on an employer's computer constitutes gross misconduct. Your employer would struggle at a tribunal if there was no explicit statement that having personal files on their PC is a disciplinary offence. My guess is he would argue that it is misuse of computing equipment. Even if this is the case, it's not gross misconduct. At this stage you don't have to do anything. It is up to the employer to prove that you did something wrong AND he must also act reasonably. The word "reasonably" is absolutely critical in employment cases. Your employer must also follow their own disciplinary procedure. If he hasn't, then you would have grounds for a case at an industrial tribunal. Make detailed notes of everything that has happened (times, dates etc.) and take along to your solicitor.

Fountaine

thanks #26 My record was clean. I regularly score a maximum of 25 or 24 out of 25 from new clients on a satisfaction survey, never less. Nothing has ever gone wrong. I have never once been late in 2½ years. I work though lunch. I have always offered freely of my own time and we did have a reasonable relationship, although he has always been difficult, until he started to have major personal and financial problems late summer last year. He even delivered flowers and a card - to a true friend - to my home when I supported him when he was literally suicidal. I think I've just been unlucky with the unfortunate circumstances surrounding this. I will appeal and see where we go from there. Thanks all for your support

John_Gray

With regard to Windows file dates and times, I always point people at the previous link, which I regard as definitive...

rrwfotr

Hi I would follow the employment tribunal route:

This looks like a case of constructive and unfair dismissal. Log a case and take it from there, don't let them get away with it. Keep to the facts you should be ok. Further inormation:

http://www.employmenttribunals.gov.uk/

Fountaine

#28 thanks John. I have looked at the link and am still unclear regarding date modified. Sorry if I'm being a bit dim, but the scenario was I created files at home (Windows XP, Word 97) or received them at home, saved then forwarded to my work computer for safe remote backup. Windows XP pro, Work 2000 - I think and Outlook. There has been only a very small amount of use of company computer time. My boss has found a volume of documents with last modified dates and times and thinks I have been spending hours working on them when I genuinely have not. I gave him screen shots with properties box open, clearly showing me as the author, the date created on my home computer, exclusively i.e.- weekends and Mondays - my day off! I have attached and sent a few items via email from work. That is the only thing I have done wrong. He was talking about forensic evidence to prove the time I have spent and to be honest I would welcome it as I know how little time I have spent in the 28 months I have worked for him. If it was done fairly, it would undoubtedly work in my favour. I have given freely of my own time, never taking lunch or computer breaks and he says the quality of my work is beyond criticism. I have received no warnings re email or computer use. You need to know the guy to know how inconsistent and irrational he can be. I know this is now drifting into an employment law issue when it started as - how foolproof is date modified and can it be changed simply by copying or saving - thanks all for your help and support

Fountaine

I know this is now drifting into an employment law issue when it started as - How foolproof is date modified in Word 97 and can it be changed simply by copying or saving at a different location ? I have lost my way a little in the thread and am new to this, so does anyone have the definitative answer ?