#Employment : Suspended from Work - Alleged Gross Misconduct

[coolian666]

Hi all, first post here,be gentle with me. I have been suspended from work for over a week now due to allegedly storing inappropriate material on company IT equipment. It has also been alleged that I sell DVDs and CDs at work. The facts of the matter are this I have 3 people who work under me and they all have made statements against me stating I do what is alleged. I do admit I used to sell them over 3-4 years ago but was investigated at the time and told not to do so again - this was in the days before we had a HR department. Since I was told to stop I have never taken in one since. The three workers under me have been waging a vendetta against me for over 3 months now due to other problems, they have recently launched a grievance procedure against me which was thrown out as no casse to answer and now I believe they have stumbled upon a folder containing a pornography list on my drop folder on the servers at work, they have put 2+2 together and found a reason to get me.

An anonymous letter was received by my Manager who immediately suspended me pending investigation, I was investigated on Friday but have since received there statements and all condemn me. Could anyone give me advice on what to do please, I feel suicidal and can't believe that I can be tried for something I have already been investigated for before.

[geoff1248]

By "pornography list" I assume you mean a list of pornographic sites.

Your IT Dept. should be able to quite easily examine this folder and identify when it was last accessed, by whom, and when the last bit of offensive material was added. Assuming the last nasty addition was several years ago the matter had already been dealt with. However, it remains to be seen as to who should have been responsible for deleting this material all this time ago.

[coolian666]

The list is of pornographic films not sites. I have been with the company for 8 years and never been in any sort of trouble before. I have asked that the file be examined and it has never been accessed while it is has been in this folder. I think I have a case for unfair dismissal if it goes that way - does anyone agree ?

[elpulpo]

I think what will be crucial here is the procedure those investigating this follow, and what their agenda is.

If, as you say, all this is a set-up by a group of aggrieved subordinates, then a thorough, objective investigation should highlight that. The worry is that the investigators jump to conclusions, and then you're going to struggle.

You need to prepare very thoroughly for your disciplinary hearing, and actively direct the investigators as to what they need to examine to highlight the truth of the situation.

The time to fight this is now, don't rely on a subsequent ET To aquit you. Even if you were able to prove at ET that the accusation was wrong, all the ET will consider to uphold the dismissal is whether it was reasonable at the time of the disciplinary for the employer to come to the decision they did.

[elpulpo]

How's your relationship with your seniors? Are you held in high regard?

This will be crucial. If they're out to get you, they probably will. The problem with disciplinary accusations is that it's human nature that having made an accusation one tends to want to follow it through. People don't like admitting they're wrong.

[geoff1248]

Unless the folder is named in such a way as to identify the contents as having pornographic links how do you imagine that your work mates knew that the folder contained suspicious items?

Has the list always been in this folder?

Indeed if the folder has never been opened how do your workmates know about the contents.

What have you actually been suspended for?

[coolian666]

My relationship with my seniors was very good up until 3 months ago. I was inline for a promotion but had an accident with one of the 3 who now have it in for me. This accident was investigated and I received a verbal warning, since then the company has decided to make 1 of them redundant and reduce the working hours of the other 3, which has happened, they all blame me for this even though I had no part in the business case. Immediately after the business case was presented to them they put in a grievance against me for bullying and allegedly releasing information regarding them to a colleague, this was all thrown out as no case to answer. Now I have to suffer this latest allegation, it is tearing me and my family apart.

Regarding the folder itself it is just named as List 2. I asked for IT to investigate when and if it had been opened and they looked and said all they could tell was that it was created in Nov 2007 and had not been updated since. I think this backs up my case that I never knew it was there.

[geoff1248]

"I think this backs up my case that I never knew it was there."

Someone put the folder there but if the matter was dealt with some years ago I fail to see why it has been brought back to life now.

I repeat, what have you been suspended for?

[coolian666]

I have been suspended for using the company IT equipment to store inappropriate material. The file was copied over from the My Documents folder from my laptop in 2007 along with a host of other files, then a few months later I was investigated and asked to delete the files on the laptop, I genuinely did not realize this file existed as I only access this folder probably once or twice a year and I have never accessed this particular file, just the folder it was in.

[geoff1248]

In this case I would argue that this is not a new offence it is simply the residue of a previous offence which had already been dealt with. Indeed your IT dept. have already confirmed that no activity has taken place on this folder. The fact that you did not know of the folders existence is unfortunate.

I would be rather inclined to go on the offensive and turn the tables on your workmates. I would put it to your management that these "mates" are trouble makers. This is now the second time they have wrongly attempted to have you disciplined and that you wish to put in a grievance against them and bring the matter to a head.

[elpulpo]

Aye.

[coolian666]

Hi all, just an update. Did exactly as you said Geoff and went on the attack against the 3 w#nkers and after 2 hours of grilling got let off with no case to answer. Thanks for all your help and advice the 2007 file was deemed to have been dealt with previously as I hoped - I am one relieved cookie. Back to work on Monday head held high.

[elpulpo]

Watch yer back from now on.

So, if it's been established that this was a set up, are these people now going to be investigated?

[geoff1248]

Nice to hear of the outcome. When you go back make damn sure that the suspicious folder/file is well and truly deleted from the server and also from any mirror servers that may have been used for backup. Ensure that you advise your boss that you intend to do this and maybe get the IT dept. to do the deletion.

Did your 3 "mates" get any disciplinary action taken against them?