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Dissmissed - gross missconduct - adviced needed!

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  • #1

    Dissmissed - gross missconduct - adviced needed!

    Hi, Just wondered if anyone could help me out here?

    My daughter very stupidly posted a photo of a company till receipt on facebook which her employer found out about, she was suspended pending investigation (she was escorted off the premises straight away) She had a meeting with them a week later to gather infomation on what had happened, they told her she could take someone with her but they would not let her take one person in with her as she was involved and the other person in because of her position in the company,she is not a member of a union. She admitted posting the photo on the web site and told them she just hadnt realised how serious it was and did not mean it malliciously. A week later she returned for disaplinary hearing (she had no representative again as the company would not let her take in who she had in mind) whereby she was dismissed for gross missconduct.

    My daughter can see now how wrong she was doing this but I cant help but think that being dismissed for gross missconduct seems very drastic or is that me being stupid?

    Neither the company logo, address or customer details were visable on the photo of the receipt she posted on the web site.

    She has written to the company advising them that she wishes to appeal and has been told to attend an investigatory meeting next week, any advice wold be appreciated.

    Sorry if I have waffled or am unclear just totally out of my depth here!
    Tags: None
  • #2
    Re: Dissmissed - gross missconduct - adviced needed!

    missconduct

    before we get onto the procedures used, how long has she been employed by the company

    Comment

    • #3
      Re: Dissmissed - gross missconduct - adviced needed!

      Hi and thank you for taking the time to read this,

      She has been working there for 2 years, with no prior warnings what so ever, never late for work and has always been happy to do overtime, even travelled 60 miles each day for 2 weeks to train some other people.

      There is apparently another person who has done something similar, however in his case his pic on a web site named company and customer and he has not lost his job.

      Comment

      • #4
        Re: Dissmissed - gross missconduct - adviced needed!

        Hi Ruby,
        Disciplinary issues at work : Directgov - Employment

        All the info you need is on there as to how things like this should proceed.
        If you are unclear ACAS would be the ones to ask.
        Enaid x

        Comment

        • #5
          Re: Dissmissed - gross missconduct - adviced needed!

          why are they saying posting a till receipt that identify nobody is gross misconduct

          quote

          Neither the company logo, address or customer details were visable on the photo of the receipt she posted on the web site.

          Comment

          • #6
            Re: Dissmissed - gross missconduct - adviced needed!

            Originally posted by keithposty View Post
            why are they saying posting a till receipt that identify nobody is gross misconduct

            quote

            Neither the company logo, address or customer details were visable on the photo of the receipt she posted on the web site.

            I am wondering the same as what keith is wondering - What explanation have they given for posting a photo of a till receipt online, as being gross misconduct?
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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            • #7
              Re: Dissmissed - gross missconduct - adviced needed!

              Basically the problem was that my daughter posted a picture of a customers till receipt showing something "funny" that they had purchased. The company said that if one person saw it then told someone else and so on, i suppose giving the company a bad name therefore dissmissed for gross missconduct. Sorry should have made it clearer.
              • 1 thank

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              • #8
                Re: Dissmissed - gross missconduct - adviced needed!

                I can see the argument of the company in this regard, however if the photo showed only items purchased, did not show the company details or the customers details then I would feel that gross misconduct would be a bit over the top. While its not mentioned in this thread, I would also imagine that Data Protection Act should also not apply if no identifiable data about a person is on the receipt.

                Some things to note - if your daughter listed on her facebook page who her employer was then their action could be justified, as in their own words this could be passed on and give the company a bad name. However, if she had not listed her employer on her facebook page and nothing identifiable was on the receipt then im not sure how anyone could tie it back to the company (other than someone knowing who she worked for, of course). Bear in mind that if she had listed her employer on the facebook page at any point (and then removed it) facebook would still have records of this. It seems more like a formal warning or similar would be more appropriate in this case given your daughters couple of years unblemished service, the lack of detail connecting the photo of a partial receipt to a company or customer. Its also odd that they pushed her out when another employee did far worse (by naming company/customer) and did not lose their job. Though one could also look at it that employees knew someone else had done that already, and that it was wrong. Did your daughter annoy someone at the company who was maybe looking for an excuse to push her out?

                other mitigating factors would be privacy settings on her facebook account - was it a public profile or one viewable only to friends/family?

                did the company manual or other documentation have any procedures requiring certain standard of behaviour on line - for example not listing her job/company on facebook etc?

                I echo others sentiments - contact ACAS. There may be a case for unfair dismissal in this, though the company could have a strong argument depending on some of the answers to the questions I have thrown up.
                Last edited by shamen; 27th October 2011, 15:47:PM.
                Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                Negative, I am a meat popsicle

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                • #9
                  Re: Dissmissed - gross missconduct - adviced needed!

                  Originally posted by ruby15 View Post
                  Basically the problem was that my daughter posted a picture of a customers till receipt showing something "funny" that they had purchased. The company said that if one person saw it then told someone else and so on, i suppose giving the company a bad name therefore dissmissed for gross missconduct. Sorry should have made it clearer.

                  but how could they link the item on the till receipt with the company concerned

                  Comment

                  • #10
                    Re: Dissmissed - gross missconduct - adviced needed!

                    Originally posted by keithposty View Post

                    but how could they link the item on the till receipt with the company concerned
                    I have no idea. It is so frustrating as this all went on when i was on holiday (daughter did not tell me till i got back) and by the time I got back my daughter had deleted the photo (in front of her manager) so i have never seen it, so my daughter is going from memory. Lots of her friends "commented" on the pic on the web site and they have individually been called in and had a disaplinary meeting but as far as we are aware no action has been taken against them, they were however issued with a pack of some kind clarifying what the issue was with a snapshot of the receipt, we have written to the company requesting a copy as they did not give my daughter one of these, but they have not forwarded this, dont you think we should have this before the appeal next week?

                    Apparently on the Facebook page it did stipulate where my daughter worked, but surely it could have been any till receipt???? Why would it be linked to the company, I know my daughter has owned up to it but their basis was other people seeing it and associating it with the company.....

                    Daughter says she has the highest privacy setting on Facebook so only her "friends" would see it.
                    ------------------------------- merged -------------------------------
                    Originally posted by shamen View Post

                    Its also odd that they pushed her out when another employee did far worse (by naming company/customer) and did not lose their job. Though one could also look at it that employees knew someone else had done that already, and that it was wrong. Did your daughter annoy someone at the company who was maybe looking for an excuse to push her out?.

                    This went on at the exact same time but totally unrelated.
                    Last edited by ruby15; 28th October 2011, 08:06:AM. Reason: Automerged Doublepost

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                    • #11
                      Re: Dissmissed - gross missconduct - adviced needed!

                      Hi, sorry to be a pain but could some one take a look at this for me please?

                      Many thanks!!

                      Comment

                      • #12
                        Re: Dissmissed - gross missconduct - adviced needed!

                        just bumping this sorry

                        Comment

                        • #13
                          Re: Dissmissed - gross missconduct - adviced needed!

                          Hiya you might not like what I'm going to say, I'm sorry. My feelings on this as an employer myself, is that by posting a copy of a till receipt or anything to do with her employers business is basically breaking their trust, whether or not a name is on there, its the principal of it.
                          What I do suggest that she needs 'expert' help with this and should contact ACAS as they really would be able to put her right.

                          Comment

                          • #14
                            Re: Dissmissed - gross missconduct - adviced needed!

                            Originally posted by sapphire View Post
                            Hiya you might not like what I'm going to say, I'm sorry. My feelings on this as an employer myself, is that by posting a copy of a till receipt or anything to do with her employers business is basically breaking their trust, whether or not a name is on there, its the principal of it.
                            What I do suggest that she needs 'expert' help with this and should contact ACAS as they really would be able to put her right.
                            hi and thank you for your input and fully appreciate what you say, I am not condoning what she has done but just want to make sure the right course of action was taken. We have been in touch with ACAS and they have said they cant really do anything until she has appealed to the company, may give them another call though just to be sure.

                            Comment

                            • #15
                              Re: Dissmissed - gross missconduct - adviced needed!

                              Some useful info from ACAS re social networking

                              http://www.acas.org.uk/index.aspx?articleid=3375

                              Does the employer have a specific policy re this subject?

                              Have you read the ACAS guide on disciplinary & grievance procedures?

                              http://www.acas.org.uk/media/pdf/6/6...March-2011.pdf
                              CAVEAT LECTOR

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                              • 1 thank

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