Instant dismissal and notice pay
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Most places I worked blocked access to any mail servers due to the risk of downloading viruses. It would be utterly pointless trying to appeal against dismissal when they had only been employed there for a few weeks. They have very few employment rights.0
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I think that is harsh especially as you haven't received any formal company policy on this, but as you have found out better to avoid everything until you know the situation.
Our company policy is you are allowed to view for personal use as long as this is only occasionally, however you can't view much as the security is set so blocks a lot of pages, even genuine work related ones.0 -
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Well we have a relaxed policy to the extent people are allowed to have personal mobiles on desk in full view during working hours - clearly we have viewable only access to some sites when it comes to the net, no logging in! though I was gobsmacked enough when it was suggested I just sit at desk with own device/iPad on the quiet days, wondering quite what a risk that was of it's own making.
Just goes to show as a previous employer absolutely restricted any access so temptation was never there (regardless of whether it was someone's lunch break) and on entering work place, you were expected to even remove wearable technology or be disciplined if caught after entry, rightly so as it was handling customer data which makes the above quite a luxury. Even then I wouldn't be encouraged to be checking personal emails on a works computer.
Sounds like OP was best out of there. Only visit sites you would be happy for the boss to reveal out loud is the motto I go by
should one be in a company that hasn't turned off t'net. 0 -
'Gross misconduct' is a legal term with a specific meaning - in short it means deliberately or recklessly doing something extremely bad.Guessing it is classed as gross misconduct by them
I cannot see how checking your personal emails could be seen as gross misconduct. Especially if you hadn't been advised not to do this.
You are fully entitled to get paid your 1 week notice period (or any longer notice period stated in your contract).
While employers are entitled to dismiss for any reason (with notice) during the first two years, dismissing someone on the spot for a minor infraction like checking their emails is ridiculous. I wouldn't take it to heart or let it stress you. You wouldn't want to work for an employer like that anyway.0 -
I have just received my payslip and they have not included the notice pay, only hours for the days worked last week and owed holiday. I have sent an email to query as my dismissal email clearly states I will be paid in lieu of notice along with outstanding holiday. Guess I just have to watch this space now.....0
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I have just received my payslip and they have not included the notice pay, only hours for the days worked last week and owed holiday. I have sent an email to query as my dismissal email clearly states I will be paid in lieu of notice along with outstanding holiday. Guess I just have to watch this space now.....
If they have said that then they will have to stick to it.
If it were gross misconduct then you would not be entitled to notice pay but even then they would have to pay accrued holiday.
As Steampowered has said it is unlikely a tribunal would uphold this as gross misconduct so, if need be, you could make a claim for wrongful dismissal to recover the notice pay. Unlike unfair dismissal, there is no two year qualifying period for a wrongful dismissal claim.0 -
. . . . I never received a formal contract in the 7 weeks I was there but was paid weekly so assume the notice period would be one week. . . . .
Without anything in writing giving you entitlement to more, you would be due statutory notice which, for someone with more than a month's employment but less than two full years, would be one week.
The frequency of paying makes no difference. If you had been paid monthly it would still be one week's notice which would be due.0 -
Undervalued wrote: »If they have said that then they will have to stick to it.
If it were gross misconduct then you would not be entitled to notice pay but even then they would have to pay accrued holiday.
As Steampowered has said it is unlikely a tribunal would uphold this as gross misconduct so, if need be, you could make a claim for wrongful dismissal to recover the notice pay. Unlike unfair dismissal, there is no two year qualifying period for a wrongful dismissal claim.
No right to unfair dismissal with less than 2 years' service.
Write a recorded letter to them saying you are expecting the remaining pay as you were told. But without a contract it's going to be difficult to enforce anything.
I would consider yourself lucky to have escaped - they don't sound very nice. Checking your home email isn't Gross Misconduct.Debt 1/1/17 - Credit Cards £17,280.23; overdrafts £3,777.24
Debt 5/1/18 - Credit Cards £3,188; overdrafts £00
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