Worried about my future - please help

[Huffy2403]

Hello - I am looking for some advise please.

I have worked for my current employer for 3.5 years and was promoted 1.5 years ago to a Manager position. In my new role I manage a team of customer support people - who are all women. ( This is relevant so please bear with me ).

I use facebook but have never used it at work until earlier this year ( 2016). I discovered that my facebook account had been hacked and I had been subscribed to a group that was inappropriate. It was not pornographic but did show ladies in their underwear and some of posts were a bit saucy.

Due to the nature of this group and my position within the business, I panicked and logged on to facebook using my work computer to try and get rid of this group and ensure that I was not associated to it any more.

Unfortunately this was discovered and I am now on suspension for bringing the company into disrepute and my trust and confidence as a manger is broken.

I am absolutely devastated, as I have never done anything like this before and whilst the group could only be viewed by other group members, I wanted to ensure that no one knew of this.

I have attended an investigation meeting and I am worried that I will be fired for gross misconduct. I made it clear in this investigation meeting that I had nothing to do with this group and the posts that used my username used was not me.

I have an unblemished reputation in this current role but, if I am fired - I don't see how I could get another job if this is the case.

I am also worried that if I am lucky enough to keep my job - they may demote me. if this is the case, don,t know if I could face everyone at work afterwards.

Should I offer to resign and what could be the consequences of me doing this. I would have to give 3 months notice so would they have to still pay me ?

Your help and assistance would be greatly accepted.

[AR1]

Re: Worried about my future - please help

There is a button in the Facebook, known as Activity log. You can go there and check all your activity, when and which page you liked etc, but as you said now things have moved far ahead and you're being called for an investigation meeting. I think that if you're not allowed to use Facebook on work, than you did violation of your employment contract and company might take an action against you as per their policy. However, as far as joining groups and watching girls wearing underwear is concerned, i think that's none of company's business. it's really personal that what you do and watch on Facebook.. the main issue is you used Facebook in office premises and that's what you need to explain. I'm however no legal expert and an answer from a person who's has expertise in this, would be highly appreciated. Thanks :-)

[charitynjw]

Re: Worried about my future - please help

There is a button in the Facebook, known as Activity log. You can go there and check all your activity, when and which page you liked etc, but as you said now things have moved far ahead and you're being called for an investigation meeting. I think that if you're not allowed to use Facebook on work, than you did violation of your employment contract and company might take an action against you as per their policy. However, as far as joining groups and watching girls wearing underwear is concerned, i think that's none of company's business. it's really personal that what you do and watch on Facebook.. the main issue is you used Facebook in office premises and that's what you need to explain. I'm however no legal expert and an answer from a person who's has expertise in this, would be highly appreciated. Thanks :-)

A very recent Supreme Court case found that it was within the employer's remit to access personal emails if on a work computer.
I wouldn't be surprised if there was a carry-across to fb.

http://www.bbc.co.uk/news/technology-35301148

[Huffy2403]

Re: Worried about my future - please help

Hi AR1,

Thanks for your reply.

I have admitted to using facebook whilst at work and explained the reasons why. I have stipulated that I never joined the group and any posts were not me.

Its just very frustrating that I am not in control of this situation and I am frightened of the outcome.

Thanks

[Openlaw15]

Re: Worried about my future - please help

Hello - I am looking for some advise please.

I have worked for my current employer for 3.5 years and was promoted 1.5 years ago to a Manager position. In my new role I manage a team of customer support people - who are all women. ( This is relevant so please bear with me ).

I use facebook but have never used it at work until earlier this year ( 2016). I discovered that my facebook account had been hacked and I had been subscribed to a group that was inappropriate. It was not pornographic but did show ladies in their underwear and some of posts were a bit saucy.

Due to the nature of this group and my position within the business, I panicked and logged on to facebook using my work computer to try and get rid of this group and ensure that I was not associated to it any more.

Unfortunately this was discovered and I am now on suspension for bringing the company into disrepute and my trust and confidence as a manger is broken.

I am absolutely devastated, as I have never done anything like this before and whilst the group could only be viewed by other group members, I wanted to ensure that no one knew of this.

I have attended an investigation meeting and I am worried that I will be fired for gross misconduct. I made it clear in this investigation meeting that I had nothing to do with this group and the posts that used my username used was not me.

I have an unblemished reputation in this current role but, if I am fired - I don't see how I could get another job if this is the case.

I am also worried that if I am lucky enough to keep my job - they may demote me. if this is the case, don,t know if I could face everyone at work afterwards.

Should I offer to resign and what could be the consequences of me doing this. I would have to give 3 months notice so would they have to still pay me ?

Your help and assistance would be greatly accepted.

A tribunal or court is a public authority and public authorities cannot act incompatibly with your human rights: Human Rights Act 1998's incorporated ECHR (Convention) Articles. Your human rights include your right to privacy, ie your right to have a private life when in employment, or in your private space away from your duties, ie on your dinner break. So you could argue that your employer does not have the right to breach your human rights. There is an authority for this I believe it was a Netherlands' human rights case affecting social media (Yahoo, I think), where the European Court of Human Rights held that the employee benefits from human rights in their place of work. If you know you did nothing wrong and they terminate your employment, you could try taking the employer to a tribunal or court for damages (wrongful dismissal). Your defence is merely that this is circumstantial evidence at best and does not prove blameworthy (culpable) conduct to justify adverse sanctions (measures) by the employer, and in any event any employee whose savviness with computers could potentially have hacked your computer for an office prank, which has the effect of breaching your human rights. The courts must then have to justify any interruption (qualified right) to your human rights as there must be first legitimate aim (genuine reasons) and a principle of proportionality (pro rata, ie like for like).

If they demote you could take them to court for loss of earnings/ loss of opportunity, probably based on tort principles. If you were to resign you could lose your gainful employment and any subsequent employer will ask for references, and an alternative employ offer may not be in the same position ergo, you could lose. Are you in a Union by any chance?

[Crazy council]

Re: Worried about my future - please help

HI.

I think if it was just normal use of social media ( chatting etc ), then most bosses would just warn you, but if the material would be deemed inappropriate to view at your work ( depending on your curcs and job ), they you should expect more. If you work around other people, they also might find it a bit uncomfortable..

Whatever the curcs, you should not log onto anything inapropreate from your works systems and sometimes have to face the consequences.

[Openlaw15]

Re: Worried about my future - please help

HI.

I think if it was just normal use of social media ( chatting etc ), then most bosses would just warn you, but if the material would be deemed inappropriate to view at your work ( depending on your curcs and job ), they you should expect more. If you work around other people, they also might find it a bit uncomfortable..

Whatever the curcs, you should not log onto anything inapropreate from your works systems and sometimes have to face the consequences.

I agree in principle but the OP still has the right to a private life.

[Openlaw15]

Re: Worried about my future - please help

A very recent Supreme Court case found that it was within the employer's remit to access personal emails if on a work computer.
I wouldn't be surprised if there was a carry-across to fb.

http://www.bbc.co.uk/news/technology-35301148

The case above is the European Court of Human Rights and you're right in that emails will have relevance to FB. The UK signed to up to the Convention in the 1957 ( i think) and from 1998 it was law in the UK. Before this a person had to go through higher courts and then to Human Rights Courts. Now the UK citizens can use European Human Rights' case principles which the UK Supreme Court has to follow. i haven't read that case but to invade the privacy of an employee it must have been for justifiable reasons.

[Huffy2403]

Re: Worried about my future - please help

Hi Openlaw 15,

I am not in a union, in answer to your question.

I also thank you for taking the time to reply.

[Openlaw15]

Re: Worried about my future - please help

Hi Openlaw 15,

I am not in a union, in answer to your question.

I also thank you for taking the time to reply.

No probs mate. I am sure lots of people actually watch porn online whilst in their jobs. Even if you did watch porn etc or you were to subscribe to the material that you said, it does does not effect your ability to do your job. If you lose your job or this affects your reputation for something you have not even done, your only remedy is to sue for loss of earnings for life potentially for a manager's wage, and loss of opportunity. These damages are available under the law of tort (damages where someone does you wrong) where they are extensive. Information on the hard drive could be accessed by a techy, you could ask the court for an order of disclosure. If you get access to the hard drive data you potentially could see when the hack happened and by whom. There are computer savvy beagles who would know about computer stuff than I.

[Amethyst]

Re: Worried about my future - please help

Is there a policy on social media or using work computers / accessing personal stuff from work computers in your employee handbook / contract ?

[Crazy council]

Re: Worried about my future - please help

Hi @openlaw

I sort of get the angle that you coming from, but you have to consider, when someone lookes at something through the works internet infrastructure, ( even if using your own phone ), that you have placed them files on your works systems.

Secondly, if someone really requires acsess to stuff like that whilst there in paid employment time, than they should use there phone ( not through wifi ) , again, oviding placing anything on there work servers.

Consider this from a liability point of veiw from the employer, and the consideration of any other employees that share the same office or internet infrastructure.
Sorry if the above seems sharpe, its not ment to, but its just looking at it from the employers side

[Openlaw15]

Re: Worried about my future - please help

Hi @openlaw

I sort of get the angle that you coming from, but you have to consider, when someone lookes at something through the works internet infrastructure, ( even if using your own phone ), that you have placed them files on your works systems.

Secondly, if someone really requires acsess to stuff like that whilst there in paid employment time, than they should use there phone ( not through wifi ) , again, oviding placing anything on there work servers.

Consider this from a liability point of veiw from the employer, and the consideration of any other employees that share the same office or internet infrastructure.
Sorry if the above seems sharpe, its not ment to, but its just looking at it from the employers side

No, you're right in the things you say and this is why the courts look at the entire situation when human rights issues are raised, for a 'balance.'

[Huffy2403]

Re: Worried about my future - please help

Hi Openlaw 15,

This wasn't pornographic and from what I briefly saw it was women in their underwear ( no nudity ). I don't condone watching porn whilst at work and would expect for me ( or anyone else ) to be dismissed for that. The hack on Facebook wasn't done by someone at work - just by another Facebook user who is not known to me. I merely saw what I saw once I seen the activity log on my Facebook profile, which is how I believe it left a trail on my work computer.

Thanks

- - - Updated - - -

Yes there is a policy for social media access - which I have owned up to. However, it would never have purposely joined such a group and certainly would have been as stupid as to use anything like that at work.

- - - Updated - - -

Yes there is a policy for social media access - which I have owned up to. However, it would never have purposely joined such a group and certainly would have been as stupid as to use anything like that at work.

[AR1]

Re: Worried about my future - please help

Never save your passwords and always lock your computer before leaving using the Alt+Ctrl+Del keys. Anyways, I hope everything would be fine and I would really appreciate if you share the end decision here. Thanks