Suspended for gross misconduct

[poppynurse]

How did the hearing go?

[teethgrinder]

Not good - Sacked!

 

Going to appeal with the intent to go to tribunal. Their argument was that I had intent to send confidential info off-site, yet nothing went. I can however whistleblow a few of their 'transgressions' to clients and regulatory authorities at some point - not that I'm going to get revenge, or anything!

[Us versus Debt]

has anyone actually looked at the rules you created for your personnel contacts or are they relying on the IT dept?

[elche]

Have you told us your length of service prior to dismissal?

[teethgrinder]

Length - 30 months.

THe IT company printed the rule and there was a screen dump of it in the 'evidence'. I had a 6 page counter argument, but they kept coming back with 'intent'. Even though there was a rule on the server to stop auto-forwarding, had that not been in place even one e-mail work related would have breached confidentiality.

 

The fact is that NOTHING confidential left the company by my means, but others DID remove docs, both hard and e-copies, but it seems like there's a problem with what I did.

 

To top it off, my line manager who was there for 2 months came from another company my mate works at now. Aparrently she's a bit of a bitch if you get on her wrong side!

 

And the section manager - once, every male in the company received a letter from him saying that an unnamed female member of staff had has some sort of unnamed harrassment directed at her - he later got a right knacking off the chairman for it. Might try to get a copy off someone!

[elche]

I'm no IT expert but I do a bit about employment law and can tell you that as you had over 12 months service I'm suprised you were dismissed for this.

 

GM has to be conduct so servere that it shatters the employment contract beyond repair - is setting up an auto fwd rule in outlook such conduct? Especially as there was no suggestion of any info actually disclosed to any third parties.

 

If you had no prior conduct bassed disc warnings you should seek proffesional advice re a potential unfair dismissal claim

[teethgrinder]

They have confidentiality agreements with all clients, and they say this is breached...I might have to ring/e-mail them all to let them know!

 

They also said any prior conduct had no bearing as it was so serious...

[elche]

How can it be breached if nothing was actually disclosed?

 

I appreciate their point but no doubt you as a concientious employee would have taken steps to guard any info forwarded.

 

And didn't you say earlier that no actual info was fwd cos the rule did not work?

 

Something doesn't seem to add up here. Your company either are getting poor HR advice, making a commercial descision, a rule such as 'Never fwd e-mails' was stuck to each PC / or prominantly displayed, or something else has happened which has not ben disclosed

[teethgrinder]

Exactly why I am thinking if it is worth a SAR...the letter inviting me to the hearing referenced a load of bits of the company handbook, and I countered all claims, yet in the meeting they focussed on intent.

 

and they also think internet is the same as e-mail - bits of the handbook specifically and exclusively state internet, but they say it is the same as e-mail. Hmm.

[elche]

Have you signed a document saying that you have received, read and understood handbook?

[elche]

... and don't forget some companies just make commercial decisions to dismiss i.e. it's probably going to cost £X at ET .... sod it dismiss him and pay later

[teethgrinder]

I can't remember about signing anything - however, there's nothing in the handbook which says you can't set up an auto-forward rule.

[elche]

I can't remember about signing anything - however, there's nothing in the handbook which says you can't set up an auto-forward rule.

 

Thus this strengtens your case that you have been unfairly dismissed

[teethgrinder]

What can I SAR them for - what does it cover?

 

I assume personnel records, but what about any e-mails relating directly to me?

[violet1234]

hi i posted a message today but cant find it anywhere on the forum any one else had this problem new to this violet1234

[violet1234]

Approximately 7 years ago i applied for work as a care assistant i was told there were no care positions available but as soon as there was i would be given the job. In the meantime would i accept a cleaning position.

 

I took the cleaning position worked very hard even going in 45 mins early unpaid in my own time to complete the workload, cleaning ,also the laundry.

 

The best part of the job were the residents who i got on well with they were elderly residents. They liked me and looked forward to me chatting to them and vice versa.

 

It became clear to me over time there was no way the owner was going to offer me another job.

She had every intention keeping me cleaning etc this became clear when a care poisition came up and she did not offer it to me but employed someone else which was the first i knew of the job.

The new young lady had not previously worked in care.

 

I handed in my notice and when my boss read it she rang me at home angrily demanding the uniforms back which i did not want anyway there were 2 one i had bought one she had supplied for me both with the logo of her Care home embroidered on them.

 

She asked me if i would return until September i asked if i returned would i be next in line for the care position she had promised me. |She grew angry and shouted at me down the phone i will have to see if you are good enough.

I did not like her attitude and told her i was not returning she then said you don`t speak very good English and you have an attitude problem.

The only one with an attitude problem was her. Also as i do not swear have a O level in English and have lived in this country all my life i dont know where she got the speaking English comment from. I also had been brought up well and have manners.

 

I told my husband i would not put her down as my last employer if i applied for a job or i felt would never work again as i felt she was vindictive enough to ruin my chances with her as my last employer.

 

A job came up as a carer near to where i live i went for an interview and although there were a quite a few candidates i got the job.

I loved the job went the extra mile for the residents who i became very fond of.

Then i went on a moving&positioning course and as i was leaving to go home. I saw my old bosses husband he had ran the home along with my old boss.

He had came to collect a carer also on the course from the home he was staring at me.

Next day i was marched into a office at work with my manageress and there was a man there who turned out to be the operations manager for my local autority as i now worked for a local authority home.

 

He was very stern he told me i was there on a charge of gross misconduct i was shocked as that is a serious charge yet i knew I had not done anything of a serious nature i felt there must be a mistake.

 

When asked he told me it was failing to disclose my former employer on an application form.

I tried to explain why i had done this but he would not listen he told me there would be a investigatory hearing and he may be the investigating officer. I was treated like a criminal marched off the premises told i could have contact with no one from the home not even speak to them in the street.

 

I went to the investigatory hearing he turned out to be the investigating officer as i knew he would as i cast my mind back as i felt at some point i had seen him before then i remembered i had seen him when i had been at the other home chatting with my old boss and laughing they were walking across the yard.

 

Perhaps he had been to inspect her home i have no idea, hers is a private home. And i now worked for a local authority home at which he was operations manager. Though he was not based on the premises of the home i worked but in another town where the local authority offices are based. My old boss was a very glamorous woman.

 

So i went to the investigating hearing but he would not listen it was as though it was already decided and then he decided to take it to a disciplinary hearing.

It was a nightmare for myself and my family the union advised me to resign as if i lost it would not look good for me etc etc. They led me to believe i could be accused of dishonesty failure to disclose.

What all this is leading up to is this.

I have had 2 jobs since one self employed now i have applied for a job working with adults with learning difficulties i have no criminal record but will my crb list those homes as it is a care care position will this nightmare come back to haunt and spoil my chances again what info is available on these things

 

I tried the honesty is the best policy tactic when i applied once before for another home and i did not get the job when i told them the above information. THis job is promised to me subject to the crb coming back clear

violet

 

[teethgrinder]

You'd be better off posting this in a new thread...not wanting to sound uncaring, but this is nothing to do with my case.

[violet1234]

sorry about that i am new to this and did not know how it works ill try and cut and post it and place elsewhere violet

[elche]

teethgrinder

 

Surprised no-one has given more guidance re the SAR. It is not something I have advised upon at work.

 

All I can say is that the ICO has a helpline which i have rang (08456 30 60 60 or 01625 54 57 45) and they are always very helpful.

 

See Information Commissioner's Office - ICO