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Urgent Advice Needed

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  • Urgent Advice Needed

    Hi Everyone,

    I was hoping to get some advice. I have been with my employer for almost 3 years. The week before last, I connected to one of their wifi networks on my personal mobile which required a login, this was different to the main wifi network which all of the companies devices connect to for work purposes. The main wifi network is heavy on security all social media and most non-work related internet sites are blocked. I connected to the other wifi network as that is the one we are meant to connect to for non-work related wifi connections for personal use, a lot of people use it for spotify for example.

    What I done using the wifi on that day did not break any workplaces rules at all. However, I promptly forgot to disconnect myself from the wifi.

    Subsequently, last week (Weds), I was in the office, I received a link in a WhatsApp from a friend who sends, shall we say stuff you don't want your employer seeing you looking at. Later that morning when I went to the toilet, I had nothing else to do so clicked on the link, navigated around a bit and didn't think anything of it. Finished up and went back to work as normal.

    The next day, same said friend sent another link to a similar sort of site, again later in the day, when doing the daily morning routine. I clicked on the link. Shortly after, I saw that I was still connected to the work wifi and my heart sank.

    I cannot explain the emotions that ran through my mind in the next 30 seconds or every second since. I have been unable to sleep or concentrate on anything since.

    I immediately turned wifi off on my phone, but the damage was done. My first thoughts were that maybe I wasn't actually on the wifi as I would expect that sort of stuff to be blocked.

    It wasn't porn perse but it was pictures of celebrities faces superimposed over questionable images, other joke images like a woman breast feeding a child whilst on a bike, with the caption to not drink and drive etc. However the company would definitely see this as porn and would treat it as gross mis-conduct.

    I have been looking to leave the company for a while and I am very close to securing a new job elsewhere. But even if that doesn't come off. My main concern now is, that I keep my employment history references clean.

    The company are generally really really poor at most admin, IT, and other such stuff, so there is a chance that this may never come to light. However I just don't know how this would not have triggered some big red alarm somewhere in the IT department.

    Initially I thought it best to come clean and report myself but I don't think many people would do that. Plus I wasn't sure why the site hadn't been blocked, so was hoping that maybe I had dropped off the wifi.

    Then I was going to see how things played out and came up with a huge cover story of malware, adware etc being on my phone which meant it was beyond my control.

    Now I just want out with a clean reference if that is at all possible. Yes I really messed up, but I really don't want 1 mistake to potentially ruin everything going forward and that is all my mind can focus on currently.

    As I see it my options are:

    Assuming no investigation is started.

    1) Keep my mouth shut, get that other job, negotiate the quickest notice period possible and get out. However that is a rather large assumption to make.

    2) Resign immediately, try to negotiate the quickest possible exit and hope I get out prior to any investigation. I have had a few issues in the last year with regard to stress brought on by the role and company so I would play on that and finding another job as my reasons.

    3) Same as 2 but literally state I need a mutual termination now due to the above, as in immediate resignation. This is my preferred way forward even if it would leave me potentially jobless in the short term. I understand that this would stop the employer stating I was sacked for GM or resigned due to a disciplinary investigation. Getting them to agree to it would be hard though.

    If I have to go with option 2, which is the most likely, once the resignation is accepted, and end date agreed. I understand the company can start an investigation and start a disciplinary process and maybe even complete it prior to the leave date. However, if they do not complete the disciplinary prior to the end date are they able to still put on any references left resigned due to disciplinary, as the reason for me resigning as far as they know at the time of my resignation was to get out due to my health rather than the other matter.

    Also as they will already know I am leaving, would that then put me in a stronger position to negotiate a mutual termination and agree a basic reference as part of that deal with no mention of any disciplinary, especially if I agree to that being my only condition within the termination.

    Apologies for the length of the post and thanks in advance.
    Tags: None

  • #2
    So just to confirm, nothing has been mentioned to you regarding this?

    I'm pretty sure that when you use an app you just use the internet, the internet provided has no access to your messages. Also whatsapp has end to end encryption.
    The information I supply is provided for informational purposes only and, should not be construed as legal advice.

    Comment


    • #3
      Nothing has been mentioned yet. I hope it doesn't get mentioned before I leave.

      The message came in WhatsApp but the link opened in w web browser on my phone.

      Comment


      • #4
        Any suggestions to help me try to decide on a way forward, would be greatly appreciated.

        Comment


        • #5
          Personally I think you are completely over worrying about the situation. I'm pretty sure people look at worse things than a few stupid GIF's. I'd forget about it.

          If things were soo serious I'd imagine you would have been reported/called in by now.
          The information I supply is provided for informational purposes only and, should not be construed as legal advice.

          Comment


          • #6
            James - Thanks for your input so far. I hope I am over worrying, some of the images would definitely be classed as gross misconduct if I am honest. Nothing, I wouldn't show to my mates in the pub, but definitely not what I would want my employer to see me looking at, if you know what I mean.

            Assuming that I am not over worrying, I would still really appreciate some advice from anyone who can offer me any on my questions above or the situation.

            Comment


            • #7
              In my view you are worrying about something that may not even happen and the options that you have detailed are in some respects a reaction to the worst possible scenario.

              Since you are unhappy at work and are looking for another job anyway the normal course of events would be, secure a new position, hand in your notice, work your notice and then start your new job. Leaving a job when you have not secured a position and do not know when you will, is potentially going to be difficult financially depending on if you have savings that will pay rent/mortgage and bills etc for the time until you get a new job.

              Given that no action has been taken yet I would think very seriously about handing in your notice before you have secured a new position.

              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #8
                Thanks for the reply, it is much appreciated.

                In a lot of ways, I agree I am definitely thinking of worst case scenario. I guess I am planning for the worst and then if I can get a better outcome then that is a bonus.

                I just dont see how this will go unnoticed, so I guess I am definitely thinking worst case because I am already in the mindset that my indescretion is making its way through the process and I am just waiting to be informed.

                When I have taken other factors into consideration I am definitely looking to just want to be done with this job and move on. I have been looking for a new role for a while and I have a very promising 2nd meeting very very soon. Even if I don't get that job I would be trying my hardest to get another role elsewhere, regardless of the current issue.

                As I dont know the ins and outs of how resignations mixed in with disciplinaries work etc. I was just hoping to get some advice as to the options open to myself to protect my future ability to land a new role and that means at the very least getting some way of ensuring that this mistake does not appear on any reference from my employer.

                Then I can try to make my mind up and move forward with a plan.

                As I saw it the options in my OP, were the options open to myself and I was hoping I would get some more clarity around them. I feel really uncomfortable sitting and waiting, if there is something I can do now to protect myself.

                I guess the real answer, is dont be an idiot in the first place, which I obviously dont need to be told.

                Thanks in advance, for any further advice.

                Comment


                • #9
                  Ok setting aside the fact you do not know if there is anything to worry about yet, then you could just hand in your notice and see if you can negotiate a shorter working notice period as you are worried about what may be uncovered. I cannot say how successful you will be in this and the backstop will be that your employer is entitled to request you work you full notice period. During that time I would suggest you start applying for other jobs and not just rely on the one where you have a 2 meeting.

                  How long a notice period do you have to give?
                  If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                  I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                  I do my best to provide good practical advice, however I do so without liability.
                  If you have any doubts then do please seek professional legal advice.


                  You can’t always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Comment


                  • #10
                    Ula I really do appreciate your help.

                    Contractually the notice period is 3 months, however other people leaving have negotiated that down.

                    I already have been applying for other jobs and this has gone into a higher gear again in the past few days. I have another interview lined up as of today, just waiting for some dates/times to get that sorted.

                    Should I resign, prior to any investigation letter being given to myself, would that mean that any reference would not be able to say " resigned during investigation" or "resigned due to disciplinary"?

                    If however a disciplinary process was to start and conclude prior to the end of my notice period, then they would be able do reference me as dismissed.

                    If during any disciplinary process, assuming I could not negotiate a exit agreement, I upped my resignation with notice to a resignation with immediate affect, what could the employer put on any future references?

                    Comment


                    • #11
                      Have you ever heard of anyone else in the company ever facing a disciplinary for accessing a 'slightly dodgy' website via the work wifi ?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Amethyst - I don't think I have, and I see your point, however would this sort of thing be public knowledge anyway?

                        I completely see where you are coming from, please dont take my response above to be argumentative/derogatory.

                        I do hope I am over thinking things. I guess I am just hoping if I can land another job and resign prior to any process starting, I can cover my ass. Not that I deserve it, but thats a whole other discussion.

                        Comment


                        • #13
                          I'm queen of over thinking don't worry..... every possible scenario / outcome within a few seconds .... bain of my life lol..... but don't run away from your job without having something solid to go to to try and avoid something which is unlikely to be an issue anyway - if you'd been logging in to porn hub or whatever on the dark web regularly during working time on the work wifi .... storing images on your work laptop/pc etc .... then maybe worry.... but if you clicked on a link and viewed a few slightly off kilter gifs over a few mins while in the loo .... well its exceedingly unlikely it would ever be flagged up anywhere. If you're leaving anyway because options are better elsewhere then go for it, but don't let a very minor slip, that so far has had and is unlikely to have no consequence, push you out of your job.

                          Just don't go to a job interview and say you're looking for a new job because you watched a breast feeding funny gif and are worried your employer might somehow find out and trace it to you.... or you're not going to get far xxx
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Amethyst - yes thats me with regard to overthinking.

                            I started to look for another job some while ago, stopped for a bit due to circumstances and then started again about a month ago. So this isnt my motivation for leaving but I do want to protect myself to make sure I am employable in the future. As I am already of the mind to leave I think that means that to protect my future employment, I may have to take a bit of pain now. I think what I am trying to do, currently is work out if I have anything to gain by resigning now prior to any process starting to protect myself more long term.

                            Some of the images were a little bit stronger than funny gifs and would definitely be seen as innappropriate images. Maybe best described as images you might find on pornhub but photo-shopped with celebrites faces over the top.

                            As you say, not saved or even accessed using work devices, but using a wifi link provided by the company (completely by accident), I do wonder why it wasnt blocked as on the main company wifi that definitely would have been blocked. I can only hope that they just dont monitor it...

                            Comment


                            • #15
                              I don't think you have anything to gain by resigning before you have something else lined up - but that's because I don't think you have anything to be concerned about.

                              IF you knew there was definately going to be a disciplinary because you HAD done something deemed as gross misconduct then resigning before an investigation starts is likely to keep your record clearer than resigning after a disciplinary meeting / investigation etc. This is Ula 's area though so tagging her back in for that scenario xxx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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