Suspended for gross misconduct

[Freakingout]

I have been suspended for gross misconduct and have been told that I could face dismissal. Reason being that one of my colleagues - I am her line manager - was spreading mallicious gossip about me and I accessed her emails (Company email) and printed out the mallicious emails and gave them to my line manager asking him to do something about it. Instead I got suspended for accessing her emails and have now been told that I could get dismissed for it. I am really worried about this as I have an impecable work record and feel as if I have been wronged because she was telling lies about me but instead I am being punished for bringing this to the attention of my superiors. Can anyone advice me as to what to do please?

[rebel11]

Welcome to CAG

 

Have you checked the employee handbook? What does it say in there about 'gross misconduct'? Also what does it say in there about 'bullying' If you've gone into her e-mail account to expose something and bring it to managements attention, then I class that as bullying, the method was probably wrong, but you wanted to bring the matter to the attention of management. If you haven't got an employee handbook get one.

Are you a member of an 'effect Union'?

 

The other thing is don't worry, there are some very knowledgeable people in here who will help you.

Edited May 17, 2010 by rebel11

[Freakingout]

Thank you rebel11. Yes, I have a copy of the company handbook and it doesn't say anything about accessing another employee's email but it does say that you cannot send malicious email about another employee. Also no, I am not a member of a union and when I tried to join one I was told that I had to be a member for 6 months before they will represent me and another said that they will not take on an ongoing complaint. Yes, I am counting on the wise people of CAG to help me through this. BTW, I have complained about this particular employee before spreading malicious gossip about me to my line manager and each time I was told that I was imagining things and that I was being paranoid that is the reason why I printed out these emails this time because I knew that I would never be believed otherwise. I know that accessing someone's emails is not really the smartest thing to do but my previous complaints about her have always been disregarded.

[rebel11]

Did you raise a formal grievance at the time or was it done informally.

It might be an idea to write all this down with dates.

Also did you manage to keep hold of the e-mails you printed off?

[kwaks]

Whilst your actions in obtaining the "proof" are dubious due to the previous brushing off of the complaint they are possibly understandable. The company concern will be stemming from the employees right to privacy on personal correspondence, which still stands even if it is sent from a company email address.

 

It may be important to know how you accessed her emails? Was this when she left her terminal unattended or did you have remote access through your normal duties?

[R&J]

Freakingout - how long have you been employed for?

 

Might be worth raising a Greivance against the person who has been spreading stuff about you. This way the company will have to investigate her behaviour, and cannot just brush it under teh carpet.

 

Based on what you are saying I would be surprised if you were dismissed, however if you have been there for over a year and get dismissed you could bring a claim for Unfair Dismissal.

[Freakingout]

To rebel11. I didn't file a formal complaint against her but just complained to my line manager about it. Nothing was done about it. I will now start to catalogue everything that has happened. She even once told one of the directors that I was in work with a hangover when in fact I was ill that day. Yes, I do have a copy of the emails.

 

To kwaks. Yes, the company is stating that I breached her right to privacy even though I did explain to them the reason why I did it. I found the emails on her pc when she was out of the office but printed them off from my pc accessing it remotely because all printed material come out in a central printer and is normally mixed in with everyone's printing and I didn't want somone else getting hold of these emails but I have a personal printer on my desk.

[Freakingout]

To R&J. I have been employed there for over 3 years. I should also mention that this employee has a relationship to one of my line managers. She is the daughter of his girlfriend and that is also the reason why I feel that I have always been undermined in my management of her.

[rebel11]

How long has she been behaving in this manner?

 

Sorry about all the questions.

 

To R&J. I have been employed there for over 3 years. I should also mention that this employee has a relationship to one of my line managers. She is the daughter of his girlfriend and that is also the reason why I feel that I have always been undermined in my management of her.

[beautiful girl]

Hi, i am ex HR for a v large well known company, have a quick look at your job description just to see if accessing any of your staff emails is mentioned, i honestly think that this is not the issue here neither is the way you have accessed them, as her line manager it is part of your job to control this & of course how much time that is spent on the net that is not work related, also & you would be responsible for anything that is less than responsible behaviour, so dont let them try & pull a fast one where that is concerned. I would suggest that you ask for your suspension terms in writing, this should of been done the day they suspended you, outlaying the length of time, the rate of pay & the reason why, i really do feel that she should have been suspended not you, obviously it is a tricky situation as she is classed as "family" be doubly sure that any documents that are relating to this situation is kept securely at home, do not let on that you have them, keep a daily diary even though you have been suspended, try not to take any phone calls from the company as there are no witnesses to the conversation, the conversations can sometimes be very damning, you really must insist that everything is written to you & anything that you would like addressed, must also be kept in writing.You should be invited to a meeting/discussion, please - please make sure that you take some one with you for moral support, as a witness & to take notes for you, on a brighter note you have 3 years service, yes they can dismiss you, but it will be unfair dismissal, so they have to be very careful what they are doing, they have not followed a due process as prescibed in law, ie when you first raised concerns this should have been investigated, it clearly was not, i suspect if you do go back to your job it will be very difficult for you, you have had to work under chronic pressure for some time, clearly you know where their loyalty lies, make it quite clear to them at the meeting that you will pursue them vigorously through the tribunals service for unfair dismissal.

[griffzilla]

This could be classed as GM due to the breach of the Computer Misuse Act (1990).

 

Do you have a company handbook - it should list the different offences that are considered GM by your employer.

 

In your defence, do you have a communications/electronic systems policy? There may be circumstances where you can access a subordinates email as you are her line manager.

[Freakingout]

To rebel11. Please don't apologise for asking questions. This is what I joined the forum for as I am a complete mess right now and need all your guidance. She has been acting like this for just over 2 years. She has been there for 3 years.

 

To beautiful girl. It doesn't say anything in my job description about accessing emails and to be honest I normally wouldn't do anything like this but I was desperate as all my complaints about her were just ignored and nothing ever done about them. Unfortunately you said to keep the documents safe but I had handed the emails to my line manager in order to back up my complaint about her and gave him the proof of it and that is what lead to my suspension. Yes, my friends have also said that she should also have been suspended but she is still at work and I have no idea if they will do anything about her. I am not holding out any hope in light of her relationship to one of the directors. They have written to me to inform me about my suspension and stated that it is because I accessed a colleague's email without her permission and knowledge and this could result in disciplinary action being taken against me up to and including my summary dismissal.

[Freakingout]

I have checked my handbook and there is nothing in it about a communications/electronic systems policy. I bet one will be written in now. I thought as well that as her line manager that I would have a right to look at her emails but apparently not according to the directors because I have breached her privacy. In fact it states in our handbook that emails should not be used to spread defamatory comments about another employee.

[griffzilla]

So nothing is mentioned about email monitoring, or internet usage/monitoring?

[Freakingout]

Nothing is said about email monitoring just the mention to think before sending an email as emails are considered 'chatty' and therefore the writer should be cautious before sending an email. It does mention that all internet usage is monitored and it should therefore not be abused.

[rebel11]

She is clearly being treated differently to you. You've been suspended,

but she should also have been suspended, I suspect the penalty for 'spreading defamtory comments about another employee' is Gross Misconduct.

 

'In fact it states in our handbook that emails should not be used to spread defamatory comments about another employee.'

[honeybee13]

Hello there and welcome to CAG from me. I'm just catching up after a day out, but just wanted to say I empathise with what you're going through. I'm not one of the wise people of CAG when it comes to some employment matters, so can I just send you big hugs for now?

 

I'll keep an eye on your thread. You've come to a good place.

 

HB x

[Freakingout]

Thanks for your big hugs honey bee. Boy! do I need them.

 

To rebel11. Yes, she has always been treated differently from me because of her relationship to one of the directors.

[honeybee13]

Big hugs for today too, hope it helps a bit. HB x

[Bigredbus]

Hi,

 

Although your intentions were to unveil your colleague's improper behaviour, accessing her e-mail box was as improper and in breach of your duty of trust and confidence.

 

Your actions could well lead your company to dismiss you for gross misconduct.

 

Your line of defence could reside in the fact that you reported such behaviour (if you did) on previous occasions and nothing had been done and in 'despair' you accessed her e-mail box to gather the content of the gossip...

[Freakingout]

Big hugs for today too, hope it helps a bit. HB x

 

Thanks honey bee. I really need and appreciate them.

You have a good day too!

[honeybee13]

Hi there. I'm not having the greatest day either. Can I have a hug back please? HB x

[Freakingout]

Hi there. I'm not having the greatest day either. Can I have a hug back please? HB x

 

Honey Bee, sweetie! You can have the biggest hug I have to give and here you go right now :)

 

Tomorrow will be a better day!

[honeybee13]

You're the best, I feel better already, thank you. Sniff.

HB x

[Freakingout]

Just to update everyone. I received a letter from my employers with the minutes of my suspension meeting and the way the minutes were worded there is strong emphasis on my admitting that I accessed her emails and printed them out. This is mentioned a few times and also some things that I said were worded to make it sound like I access her emails all the time. I have told them that I am refusing to sign the minutes as it is not an accurate account of what I said and I have sent them a list of things that I want changed before I will sign it. I haven't heard from them as yet as to my response. They also said that they are still investigating my case.

 

Any advice?

Thanks.