#Employment : dismissed again

[dannysport]

Well in work I have had problems with my Line manager for the past year over pay problems he had taken over 7k from my clock card last year I got it all back

so we have a passed history

 

now on to 2011 I have been good in work no problems at all doing my job till march 2011

I get called into the office and suspended from work

and asked about face book do I use it Yes I do they have a print out of a account and show it to me

I told them its not my account but is has some pics of me taken by some i used to work with for years

they also have the incorrect name of me on the account

 

fast forward 2 weeks i am called into the office and dismissed from the company

as in the managers eye's he thinks that's me well the photo used on the profile is me that the other member of staff had taken in 2005 at work

but when i pointed out the contact details on this page are not mine as well

in the managers eyes its me so i am sacked over some using a photo of me:roll:

he has no proff thats its me in that account ? but said i must be doing well to be in scotland 1 hour before being in his office as its logged in at st andrews golf club but I am in london

I did show them my facebook page but nope in the managers own words is could be a member of staff thats gunning for me

[Cardiff Devil]

So what have they sacked you for exactly, having a Facebook account?

[dannysport]

bringing the company into disrepute well some has

I dont have my accout open for every one to see

the account they have is not mine its got one photo of me on it thats on google

[honeybee13]

Hello again Danny.

 

I'm a bit confused, but I can't face reading back over all your threads to find out. Why have you said dismissed again? And what is the position with the ET you were getting ready for late last year please?

 

I'm wondering if this is some charge they're managed to concoct as an excuse to exit you. On another thread, you did mention being fast-tracked out - do they have some sort of grudge?

 

My best, HB

Edited April 12, 2011 by honeybee13
Manners.

[dannysport]

Last year I went to a ET to get my pay the manager had been taking off my Clock card they paid me back every thing they had to a few days before the ET

the et said thats all they had to do and it was down to a PI claim for any comp i should get due to the stress they caused me

 

this time my manager has made some thing out of nothing this time and sacked me for some thing I have not done its some kind of grudge as I cost them a lot of money last year I am also getting the blame for Police and vosa looking into the company stopping them at ths side of the road ect ect and giving the company fines

 

 

in march the manager said to me I should think about leaving our company mr ***** when i was asking for some more missing money that they had messed up on

Edited April 12, 2011 by dannysport

[elpulpo]

Well, it all sounds very unfair, Danny. Did you have any help making the application to ET for the recovery of your wages?

I'd suggest certainly that you seek legal advice on this one.

[Cardiff Devil]

So they essentially dismissed you for your photo being on someone else's Facebook page? Did they clarify how this was bringing the company into disrepute exactly?

 

Do you have a copy of your company's disciplinary procedures? You should have been notified in writing after being suspended of their reasons for suspending you and the disciplinary procedures should have been freely available to you at this time. Also were you given the opportunity to bring a representative to the meeting? These are all basic procedures that should have been followed. You should also have the right to appeal the decision if you wish to do so. Are you a member of a union? If so, speak to them straight away. If not, I would contact ACAS and see where you stand.

 

If you are being up front with us, this seems an extremely poor justification for dismissing you, unless said photo of you on Facebook shows you smoking pot on company premises or something similar. If it's just an inocuous photo, I'd say you may have a case for a tribunal.

[dannysport]

one of my ex workers set up a few facebook accounts as i was not a member

well i did not join in the kids games so he set up a account using my name well some of my name

and a photo he had taken 7 years ago of me

he was saying things on the account but he never using the company name and it dose not state i work for that company under that account

its not even in my full name and the person that has the account lives up north i live in essex 380 miles away from the log in's on this account as he logs in on GPS

 

 

I did stick in a appeal and I am down with the union next week about going for a ET as this was not me

at the end of the day if i did it I would stick my hands up but its not me I will see them in court again

[elpulpo]

Did you make it clear during the investigation/disciplinary that this FB account was nothing to do with you?

If so, did the employer investigate whether or not this was the case?

[dannysport]

yes I told the manager its not my account as soon as it got the print out of it

I said my one us under my full name and you can see by the gps logs on my account what parts of the uk I am in ect ect

this other account is bassed a good 6 hours drive away from me

[elpulpo]

And did they investigate this at all?

Have they sought to speak to the employee who you claim set up the account?

[dannysport]

they did not look into that at all

the guy that did the account no longer works for them he left a few years ago now looking at the page they say is mine I have a few big cannabis plants in the pics

stating I am off for a smoke

I have emailed the guy he said it was just a bit of fun

he lives in scotland now I live in essex still an work in london

[elpulpo]

The key thing here is to highlight the fact that when you put forward the defence that this account had not been set up by you, that the employer made no effort to consider or investigate whether or not that was the case.

This is important, and will be if the matter goe to ET. Because to the uninformed, it might seem like it was reasonable of them to dismiss (of course, I haven't seen the page so can't comment on the content and whether it was sufficient to warrent dismissal).

Have you had an appeal hearing?

[dannysport]

I am yet to have my appeal hearing I did send facebook a email about the page as its not me

but then again its not my real name but he has some pics of me on it so he could just be asked to remove my photo

[Cardiff Devil]

Ah, thanks for that Danny, makes sense now.

 

Did Facebook respond to your mail? If so, make sure you print off a copy of their mail and take it with you, along with any other evidence such as printouts of this "other" profile, showing the log ins from elsewhere in the country.

 

To be honest, it sounds like you've been tucked up here. It would have taken any reasonably intelligent manager less than 30 seconds to realise that this wasn't your profile, and could not have been you posting the pictures. However they seem to have ignored that altogether.

 

Have you been in touch with your union yet?

[dannysport]

sorry PC went down just got back on Line

 

How do i go about showing work that the account is not mine ?

I have sent the person a message they have removed the post I asked them to but still no name on who it is

I reported it to facebook but no Joy as yet I could ask a friend in IT to hack into the account an change his or her password

 

 

I was down with the union today

 

we was in a meeting and I was logged on that facebook account in scotland yet I was in London with the union people