Disciplinary hearing for gross misconduct

[Jumpshot]

Hi all

So basically I've always used the internet a lot in free time at my job and have got used to it. My old manager used to sit behind me and would see me surfing the net when there was nothing else to do and never made an issue of it. However I have a new manager now and I don't know if that's the reason but for the first time in 3-4 years of working there I've had my internet usage brought up. Apparently I was in the top 5 of the company, with the rest being people who use the internet for their jobs, and upper management and the board were aware.

My manager told me I had better lay off as it was causing him and me negative attention. I said sure. I think he might have said something about sticking to lunchbreaks, but the way he put it across wasn't heavy. I cut right down that day but over the following few days I did access websites outside of lunchbreak. My usage was about 50% of what it had been but still not fully compliant with the company rules (stupid I know, I should have made sure I was fully compliant after knowing upper management and the board had their eyes on me, partly 3-4 years of habit taking back over, although still not an excuse).

Anyway I'm hit with gross misconduct which is not something I've had before. I had the investigatory meeting where I was incredibly contrite, said I had no excuse and was ashamed (I've stayed right off the internet since then). I have the disciplinary hearing this Thursday and am told I risk being dismissed without notice or pay in lieu of notice.

Anyone have any advice about anything further I could say or do that might help? Also how serious an issue do you think this may be when it comes to finding another job?

Thanks

[stevemLS]

Re: Disciplinary hearing for gross misconduct

So long as the websites you accessed were not inappropriate this is at the lower end of "offending" in my view. Were the company rules about personal use clear and drawn to staff's attention?

Did your work suffer?

All you can do is grovel, particularly after you had been warned. I don't think your previous managers indulgence is relevant, to be frank.

Have you got a representative at the hearing? You are entitled to either a union rep or colleague.

Good luck.

[Jumpshot]

Re: Disciplinary hearing for gross misconduct

So long as the websites you accessed were not inappropriate this is at the lower end of "offending" in my view. Were the company rules about personal use clear and drawn to staff's attention?

Did your work suffer?

All you can do is grovel, particularly after you had been warned. I don't think your previous managers indulgence is relevant, to be frank.

Have you got a representative at the hearing? You are entitled to either a union rep or colleague.

Good luck.

Unfortunately there were a couple of inappropriate websites, nothing pornographic but "bikini babes" type sites. That was only on one of the days they showed me records for, and hasn't been specifically mentioned. Only my non-compliance with stopping the usage outside of lunch hour has been talked about. However, there's only one day I've ever looked at those kind of sites that I can remember, and that's the day the records of my usage began that they handed to me, so I don't know if that acted as some kind of catalyst.

I'm sure the previous manager's indulgence isn't relevant. It's not something I've brought up and I probably wouldn't. As far as I've gone is to say that my usage is "habitual" i.e. I've got into bad habits. It's the closest I can offer to an excuse in a situation where there are no excuses.

The work didn't suffer.

The rules are clear enough from reading the company handbook. I read the handbook as saying my actions could be construed as gross misconduct, not that they definitely are, but the investigating officer (also my manager) seemed pretty clear that they were, and it didn't seem in my interests to argue.

I have grovelled and will continue to do so.

[Tools]

Re: Disciplinary hearing for gross misconduct

Suggest that your browser is set to only allow "safe sites" that you need to use for your work. That way there is no chance of straying off plan. This is relatively easy to do. Many companies block sites such as Facebook, ebay, etc etc

[stevemLS]

Re: Disciplinary hearing for gross misconduct

"Bikini babes" is new to me so not sure what sort of site that is (I'm gay lol) but, no, it won't help, but equally it shouldn't be too damaging in the overall.

It was personal use.

I suppose a full analysis of your use will now have been done so admitting habitual use can't do you any harm if it is presented as "fessing" up and being co-operate.

I can't think of anything else. At this stage you just have to throw yourself on their mercy. Do let us know how you get on.

[Tools]

Re: Disciplinary hearing for gross misconduct

As Steve has said previously, they need to make you aware that you have the right to be accompanied by someone you nominate (if they are willing to) attending the meeting with you. You can of course decline this if you wish to but it is always a good idea to have a witness. You are not denying anything they have put to you and have been honest, to me that will go in your favour.

[Jumpshot]

Re: Disciplinary hearing for gross misconduct

As Steve has said previously, they need to make you aware that you have the right to be accompanied by someone you nominate (if they are willing to) attending the meeting with you. You can of course decline this if you wish to but it is always a good idea to have a witness. You are not denying anything they have put to you and have been honest, to me that will go in your favour.

Thanks everyone for your feedback. They have given me the opportunity to bring someone, and I have a guy in mind, need to put it to him today. I wonder how companies tend to look on people who act as companions, as I don't want to affect him negatively in any way. But he has previous management experience so should have some idea of what constitutes fair treatment.

[teaboy2]

Re: Disciplinary hearing for gross misconduct

Jumpshot - Do you suffer from depression or have a history of addiction of obsessive compulsive disorders (yes their is a valid reason for my strange question)? If so i may have your saving grace for you! Though you will need to speak to your doctor and get a letter from him/her.

Also was your usage of the internet, mainly social or shopping (even if just browsing) - I.e. Facebook or ebay etc.

[Jumpshot]

Re: Disciplinary hearing for gross misconduct

Unfortunately I have been dismissed. More later.

[Amethyst]

Re: Disciplinary hearing for gross misconduct

Sorry to hear that Jumpshot.

[krypton]

Re: Disciplinary hearing for gross misconduct

Sorry to hear that.

Internet usage can be gross misconduct, especially if you spend extensive hours trawling the net. The question is you're there to work ?

Any explicit sites usage will usually be considered very negatively.

[Tools]

Re: Disciplinary hearing for gross misconduct

Sorry to hear that Jumpshot, come back and let us know what happened when you're sorted out at home. There will no doubt be a financial impact and if we can help advise you with how to deal with those too we are here to help.

[Jumpshot]

Re: Disciplinary hearing for gross misconduct

It was pretty harsh, mostly in the fact that I was genuinely contrite and wanted to make it up to them, but the guy firing me said "you've shown me no sign that anything would change", which I don't think was fair. I think this was decided before the first letter was printed, to be honest.

I asked him about the reference although didn't really process the conversation properly as I was a bit in shock. He said something about how gross misconduct wouldn't necessarily be mentioned on the reference but he was a bit non-committal. I obviously want to pin this down if possible but don't want to be pushy as I have no cards here. I emailed the HR lady about a couple of other things (asking for confirmation of start date and about P45), thinking I should maybe segue into asking about the reference. Any ideas about how I could broach this subject tactfully?

[teaboy2]

Re: Disciplinary hearing for gross misconduct

If you answer my earlier questions Jumpshot, you may have grounds to appeal!

[Jumpshot]

Re: Disciplinary hearing for gross misconduct

Hi Teaboy

Okay, I don't like to go down this route, but I did have a bit of a breakdown a couple of years ago, while I was at the company. I was signed off for two weeks with "stress", although what actually happened was I was feeling incredibly down and suicidal. I went to a CBT course, so that will all be on the doctor's records. That was a low point though that I haven't returned to since and don't expect to. What did you have in mind that I could do with this? I've never considered that I might have anything like "obsessive compulsive disorder".