Dissmissed - gross missconduct - adviced needed!

[ruby15]

Re: Dissmissed - gross missconduct - adviced needed!

Arguing back, as long as the information posted up was anonymous, there has been no breach of the Data Protection Act 1998 whatsoever. Any breach therefore has been purely internal, and I would argue that dismissal for gross misconduct for a breach of an internal procedure which in no way breaches statue law on the issue is a disproportionate action to take for the offence commited.

It did state on her Facebook page where she worked
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Celestine's advice for the meeting is spot on. However, as she is entitled to have a representative there, I'd be exceedingly cautious about attending the meeting at all without one. If she has to attend alone (which she doesn't!), I would insist on her being allowed to make a recording of the meeting for the avoidance of doubt should it need to be taken further. The fact she has done something imprudent does not stop her having rights under law.

Isnt it too late now as the meeting is this morning?
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Why was the second colleague not allowed to accompany your daughter? Sounds dubious to say the least?

Not exactly clear on this but something I think to do with her not being in the postion she held for long even though she had worked there for a while previously.
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Has your daughter submitted a written grievance? If not, it is advisable to do so. (Disciplinary & grievance, when related, can be dealt with concurrently)

What is this for, sorry but I really have no idea.....

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

Hi ruby,

re the grievance, it is basically a complaint to the employer (probably in this case direct to HR) outlining why your daughter is not happy with the situation.
In a large organisation it is usual that the grievance is dealt with by a manager who has not been involved in the disciplinary.
Although not absolutely necessary, if you are considering further action (if the appeal isn't successful), an Employment Tribunal (ET) likes to see that it has been asked for (it ticks a box!), & is documented as such. If you don't put in a written grievance, the employer will probably highlight the fact at ET.

Fingers crossed for you both.

nb - re the choice of a colleague to accompany, I do not know of any rule/restriction concerning the length of service, or experience, of the chosen person. There is some discretion for the employer if that person is disruptive, or if they work in some other branch when a suitable candidate is more locally available.

[labman]

Re: Dissmissed - gross missconduct - adviced needed!

I hope it went well for your daughter. Too late now I know, but for the record, she can refuse to go into the meeting at any stage up until it starts and it can be rescheduled. It may not please them, but that is their problem, not your daughters.

There are further comments I could make re the situation, but they would be futile now as the hearing is today. Let us know how it goes!

[ruby15]

Re: Dissmissed - gross missconduct - adviced needed!

Well we are back from the meeting all that happened was that they wanted her to explain her reasons for the appeal which she did, she also had a good few questions for them however there were no answers at this point as they are now going to investigate further and speak to all neccessary people and would write to my daughter at a later date.

She asked them to clarify exactly why she was not allowed the two people in she wanted to accompany her.

She told them that it was unfair that she had been dismissed for this when someone else had done somthing similar but naming a customer and the company on Facebook and is still working for the company, (in fact they were on a temporary contract at the time and have since been offered a full time postition!!!)

She pointed out that they did not seem to take into account her length of service, good time keeping and unblemished record, there reply was did you want us to?

There was no customer or company details showing in the photograph.

That her privacy setting meant that no one other than her "friends" could see her profile, to which the company representative said that was incorrect as strangers could see her own profile, to which my daughter said her privacy settings were better than that and that was certainly not the case for her profile.

My daughter asked about the social networking policy, the company representative read it out to her, but my daughter had never seen this or been given a copy of it and its not in the contract she asked where this was and was told that its on intranet.

Cant think of anything else right now off to make tea and will add to this later. Thanks everyone again!!

[charitynjw]

Re: Dissmissed - gross missconduct - adviced needed!

If you have not already done so, it would be a good idea to make detailed contemporaneous notes of the meeting (you could email them to yourself to prove the date they were made).

I would also submit the written grievance, & ask for a copy of any notes made by the employer's representatives at todays........er, now yesterdays, meeting. (If not already supplied). If it contains anything which you disagree with (ie incorrect statements or omissions), let them know asap in writing. (Email is good).
Was it signed by your daughter?
Who represented the employer (position in firm, not the name,lol), & if was there a notetaker, do you have any info re him/her?