Disciplinary Hearing - Can I Appeal?

[Rog23]

I have been employed with my current company for over 5 years. The company has a specific internet policy guide in line with all others in that access to gambling websites, online games, pornography etc etc is not permitted.

Throughout the 5 years I have been employed (there are several hundred employees in the company) this internet policy has never been enforced. Access to online gambling, online gaming and social media is pretty widespread throughout the company and is conducted out in the open in front of line managers and senior management. Employees have behaved in such a manner as no-one has ever been reprimanded for such behaviour and management have never raised this as an issue.

I recently had a new external line manager appointed and he has taken the view that our team should adhere to strict compliance of the companys internet policy. Following this I ceased visiting online gaming and gambling websites despite the use of such websites continuing throughout the company by different teams on a daily basis.

On one day, without thinking about it, I opened a bookmakers website as I have been informed they had made a massive error in pricing up a football market. Following this I was called up for a disciplinary meeting with HR and have been informed that I will be receiving a formal warning letter.

I feel slightly victimised in relation to this as the behaviour for which I am being disciplined is rampant and widespread throughout the company. No other employee is being disciplined in relation to this as far as I know and even when I was going through the disciplinary process I can see (and my line manager can see as he sits close to me) numerous other employees accessing gambling and gaming websites on a daily basis.

I was also supposed to receive 48hrs notice of the disciplinary meeting but I did not, can I use this as some sort of loophole as Nick Freeman would?

Any help/advise appreciated.

[labman]

Re: Disciplinary Hearing - Can I Appeal?

I've sent a message to someone to have a look at this for you. Things tend to be quiet on the weekends, so don't worry if it's not immediate.

[miliitant]

Re: Disciplinary Hearing - Can I Appeal?

just a few points to be confirmed please

you have a company policy on the use of internet,social media etc, have you a copy of that policy, is it in your contract of employment,employee hand book, or external policy, and have you signed that policy

throughout the 5 years you state the internet policy has never been enforced, can you get absolute proof that accessing these sites is permitted and not a disciplinary offence as custom and practice would kick in as an implied term in your contract of employment

you then mention a new manager came into the office and instructed the staff to adhere to the previous internet/social media options as laid down by the company internet/social media policy of not accessing such sites, in which you complied

WHO INFORMED YOU THIS BOOKMAKERS SITE HAD MADE A MASSIVE ERROR IN PRICING UP A FOOTBALL MARKET BET

UNDER THE ACAS CODE OF PRACTICE YOU SHOULD HAVE HAD

1/ AN INVESTOGATORY MEETING AND IF NEEDED
2/ A FULL DISCIPLINARY MEETING WITH A MINIMUM OF 48 HOURS NOTICE

were you given all copies of what would be used in the meeting

internet policy
statement of transgressions
copies of this managers instructions and how you were told of the enforcement of internet policy
copies of the companies internet policy
were you given the option of being accompanied by a rep or collegue at the formal disciplinary meeting

thats everything they used in the disciplinary hearing

[Rog23]

Re: Disciplinary Hearing - Can I Appeal?

just a few points to be confirmed please

you have a company policy on the use of internet,social media etc, have you a copy of that policy, is it in your contract of employment,employee hand book, or external policy, and have you signed that policy

It is in the contract of employment and copy of it is given to you when you sign your contract.

throughout the 5 years you state the internet policy has never been enforced, can you get absolute proof that accessing these sites is permitted and not a disciplinary offence as custom and practice would kick in as an implied term in your contract of employment

I'm not sure what you would mean by proof, you can walk around the office and see people on such sites all the time. Managers are on the same floor and walk to and from their desks all the time, it would be impossible for them to not be aware of what people were doing online. On no occasion have they stopped, reprimanded someone or even spoken to the persons line manager about using such sites.

you then mention a new manager came into the office and instructed the staff to adhere to the previous internet/social media options as laid down by the company internet/social media policy of not accessing such sites, in which you complied

yep, I don't have a problem with this being enforced going forward but after years of being free to go on them I simply forgot about the change. There was nothing malicious on my part.

WHO INFORMED YOU THIS BOOKMAKERS SITE HAD MADE A MASSIVE ERROR IN PRICING UP A FOOTBALL MARKET BET

I got a text from a friend.

UNDER THE ACAS CODE OF PRACTICE YOU SHOULD HAVE HAD

1/ AN INVESTOGATORY MEETING AND IF NEEDED
2/ A FULL DISCIPLINARY MEETING WITH A MINIMUM OF 48 HOURS NOTICE

1 - yes
2 - well if I am being precise it was given to me at the end of a day and the meeting was about 45hrs later.

were you given all copies of what would be used in the meeting

internet policy
statement of transgressions
copies of this managers instructions and how you were told of the enforcement of internet policy
copies of the companies internet policy
were you given the option of being accompanied by a rep or collegue at the formal disciplinary meeting

thats everything they used in the disciplinary hearing

yes, I did receive all of the above unfortunately.

[miliitant]

Re: Disciplinary Hearing - Can I Appeal?

i am afraid a text from a friend is irrelevant

1/ the staff accessed the internet over a period of sites that were not permitted by the employers internet policy
2/ a manager instructed the staff to cease and desist this practice
3/ you then opened a site on the internet that was forbidden by a directive from your employer

YOU HAVE BREACHED YOUR COMPANIES INTERNET POLICY

if this tip off had come from your own office and not an outside entity, then you would have been fine

YOU SHOULD HAVE GOT PERMISSION FROM YOUR LINE MANAGER TO OPEN UP THE BOOKMAKRS LINK TO PROTECT YOURSELF

i feel in this case a written warning is acceptable, it will only be on your file for a short period of time so just ignore it and take it as a lesson learned

[Rog23]

Re: Disciplinary Hearing - Can I Appeal?

i am afraid a text from a friend is irrelevant

1/ the staff accessed the internet over a period of sites that were not permitted by the employers internet policy
2/ a manager instructed the staff to cease and desist this practice
3/ you then opened a site on the internet that was forbidden by a directive from your employer

YOU HAVE BREACHED YOUR COMPANIES INTERNET POLICY

if this tip off had come from your own office and not an outside entity, then you would have been fine

YOU SHOULD HAVE GOT PERMISSION FROM YOUR LINE MANAGER TO OPEN UP THE BOOKMAKRS LINK TO PROTECT YOURSELF

i feel in this case a written warning is acceptable, it will only be on your file for a short period of time so just ignore it and take it as a lesson learned

Ok, thanks for your help anyway.