The Data Protection Act?
Discussion
Don't think that's anything to do with the data protection act.
Your best line of defence will probably be whether what you've done is actually cause for dismissal. Check your terms of employment and staff handbook to see if the reason they've given for dismissal is actually covered by the terms of your employment/contract.
What was it, by the way?
Your best line of defence will probably be whether what you've done is actually cause for dismissal. Check your terms of employment and staff handbook to see if the reason they've given for dismissal is actually covered by the terms of your employment/contract.
What was it, by the way?
Pothole said:
Hugely helpful, Eric, well done.
Glad you appreciate it.As Gerald Smith says, much more of an issue is the fact that the employers thinks that what has been put on Facebook has brought about what seems to be instant dismissal.
Had they spoken to the OP on such isswues before?
Had the OP been warned about posting on Facebook or similar?
What does the employment contract state about employees using social media social media?
nm231 said:
Understand now that posting on Facebook can be seen be anyone if someone else is likely to login and show them.
Facebook or social media wasn't mentioned before this incident.
I've never had any warnings and all I want to do is get back to work.
The company doesn't have a social media part in their contract or handbook.
Without going into too much detail I'm trying to appeal on the basis that they haven't followed their own process for dismissal, that they have let another member of staff off twice with one warning for a more severe offence and that they had asked another member of staff to login to Facebook for them.
How long have you worked there?Facebook or social media wasn't mentioned before this incident.
I've never had any warnings and all I want to do is get back to work.
The company doesn't have a social media part in their contract or handbook.
Without going into too much detail I'm trying to appeal on the basis that they haven't followed their own process for dismissal, that they have let another member of staff off twice with one warning for a more severe offence and that they had asked another member of staff to login to Facebook for them.
nm231 said:
Understand now that posting on Facebook can be seen be anyone if someone else is likely to login and show them.
Facebook or social media wasn't mentioned before this incident.
I've never had any warnings and all I want to do is get back to work.
The company doesn't have a social media part in their contract or handbook.
Without going into too much detail I'm trying to appeal on the basis that they haven't followed their own process for dismissal, that they have let another member of staff off twice with one warning for a more severe offence and that they had asked another member of staff to login to Facebook for them.
I'd drop the "another person logged in and showed them" bit - that won't get your very far. Facebook or social media wasn't mentioned before this incident.
I've never had any warnings and all I want to do is get back to work.
The company doesn't have a social media part in their contract or handbook.
Without going into too much detail I'm trying to appeal on the basis that they haven't followed their own process for dismissal, that they have let another member of staff off twice with one warning for a more severe offence and that they had asked another member of staff to login to Facebook for them.
As I said initially, and as several others have agreed, you need to focus on whether you've actually broken the rules and whether the company is following proper procedure. Quite often in incidents like this the HR rule book goes out the window and the bosses have a 'knee jerk' reaction, which doesn't follow proper procedure.
I'm also not sure that demonstrating an inconsistency in application of policy (with reference to that other persons' incident) will help either. If I were you I'd stick to looking at your own case, what you allegedly did wrong, whether that was against the rules and if the company has acted in accordance with the rules/guidelines. These are the things which will be material if the case ended up at a tribunal. If it's seriously tits up and you believe the company's misbehaving then get an employment lawyer on the case - many give a free 30min phone consultation to see if you have a case. But don't go running up costs if you think you'll lose!
OK so they are obviously taking your act as one of gross misconduct. Essentially whilst the usual procedure is through verbal and written warnings leading to dismissal if the act is deemed bad enough to have caused the employer/employee relationship to have broken down irrevocably they can go to instant dismissal.
Whether or not the act that you committed is listed as being grounds for gross misconduct is relevant but it's not all encompassing, for example an act could be described as warranting dismissal but in practice be so minor that if used it would be unfair dismissal, similarly something not mentioned can be deemed sufficient for dismissal if it is serious enough.
The way the company found out about what you wrote is completely irrelevant and it's actions with other employees is only marginally relevant. The grounds for appeal need to focus entirely on whether what you wrote could be described as gross misconduct. Without knowing what you wrote that's hard to say.
Whether or not the act that you committed is listed as being grounds for gross misconduct is relevant but it's not all encompassing, for example an act could be described as warranting dismissal but in practice be so minor that if used it would be unfair dismissal, similarly something not mentioned can be deemed sufficient for dismissal if it is serious enough.
The way the company found out about what you wrote is completely irrelevant and it's actions with other employees is only marginally relevant. The grounds for appeal need to focus entirely on whether what you wrote could be described as gross misconduct. Without knowing what you wrote that's hard to say.
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