Is my employer in the wrong??

[Lakitu]

I've been with my Company for 6 years now. In September 2006 I transferred to another department and really enjoyed the job and was always busy.

In February this year I was asked to go on a 3 month secondment to our Clients premises to help them with a few things, which I did.

I came back to Head Office at the end of April and have been given very little work to do since I got back, despite me asking my Manager for something to do. What I am given, doesn't take me long to do and I'm sat twiddling my thumbs again.

I got into work this morning and my Manager asked to have a word with me, when we were behind closed doors he told me that I am to attend a disciplinary hearing on Thursday morning. I asked why and he told me it was about poor job performance and internet usage,

I'm actually livid. Never mind the 6 years hard work prior to this as proof I most certainly am not poor at my job (and why would he cherry pick me to go to our Client if he thought that were true?!).

I hold my hand up and admit my internet usage is high, but what does he expect if he's not giving me anything to pass my day?

My concern is that they will sack me for my internet usage as they have sacked people before, though I don't know the ins and outs of their cases. If they were going to, would they have dne it now if they deemed it to be gross misconduct? If they do on Thursday, would I have a strong case to take them to court for constructive dismissal since they're not providing me with anything to do?

I'm seriously considering handing in my notice right now and working my month and going temping, I just worry that I wouldn't always be in employment and fall behind with my mortgage if I do that.

[Lakitu]

The irony I'm posting this while I'm at work isn't lost on me....

[Rtaxron]

Have you had a verbal or written warning in the past about your Internet usage?

[Lakitu]

Nope, never :(

[andrea81]

I'm pretty sure there are set of rules to govern a disciplinary, they can't just sack you. In my last employment, a girl was in the process of a disciplinary where she was given a verbal, then written and then a second written with a performance review before she ended up with the sack!

[Lakitu]

Do I have a leg to stand on if I fight the disciplinary based on he doesn't give me anything to do so can't really complain I'm using the internet??

[nat_84]

Gosh i know how you feel Lakitu... i just have been called in for a disciplinary.

Surely you have to be warned first anyway.

[andrea81]

If what you have been asked to do has been done and that you ask for more to do, then I can't see why he woult be able to sack you. You would have a valid argument, but if your contract states that internet usage isn't allowed, then they will have the better argument!

Have you ever meen briefed about internet usage and how much you are allowed?

[Lakitu]

You've been called for one today, Nat??

Nope, he's never said a thing to me, he's never had any reason to until I got back from the secondment. This is why I'm worrying that it's going straight to gross misconduct.

[Lakitu]

I don't remember, Andrea, I haven't looked at my contract since I first signed it 6 years ago, I'll have a look for it when I get home though.

[andrea81]

Ye have a look chick and make sure you go in knowing all the info you need to arm yourself!!!

[mccfluff]

do you having anything in writing like an email requesting work?

[Lakitu]

The chances are they're not going to be saying to use it whenever I feel like LOL

[funnygirl]

This is a tricky one.

We had a guy like this here at work who was sacked.

He never used to ask for work and when he finished doing what he was allocated, he was straight onto the internet, playing games. He was open about it and kept saying why should he ask for work.

I always ask for more work and if none is available, I am told to take a break and then I will come on here.

[Rtaxron]

Do you have a Union or an office spokesman/woman you could get advice from?

[Lakitu]

No, I don't have anything in writing requesting work, I physically ask my Manager and / or Supervisor every morning and most, but not all, afternoons too. I get the same response every time "I'll have a look and see what there is"

No, I'm not a member of a Union, my HR Representative would be the person I go to but she is going to be there on Thursday morning to represent the Company! :o/

[nat_84]

Sorry i meant HAVENT been called in for one!

[nat_84]

It becomes a bit ridiculous having to ask for work every am and pm too! When i started i did that but then i was just bothering them!

[PatriciaH]

Sounds to me they want to get rid of you due to lack of work they can find for you to do .. do not resign whatever you do , do others at work go on the internet as well? if he wants to " have a word " get someone with you if you can , keep us posted on this one : )

[Lakitu]

I wondered if they wanted to get rid due to lack of work too, the industry as a whole is going through a slump. There are only 2 of us who do my job, the other one being more senior than me.

[Twenty20]

It's a little bit odd isnt it? You know youre not supposed to use the internet at work, you say youve seen other people being sacked for using it but you continue to use it even though youve been told youre going to be disciplined because of it.

Whether there's work to do or not doesnt come into it, if you know youre not supposed to use the internet and you go ahead and use it then you really dont have a leg to stand on.

Maybe if there's not enough work to go round you'll get made redundant and get a few weeks money as pay off.