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Is my employer in the wrong??
91 Answers
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.
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.
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I'm not going to deny abusing the net, but I'm going to appeal absolutely everything else he tries to slur me with because I *know* I am very good at my job.
What bugs me is that he has his little clique of favourites that use baby voices when talking to him (seriously!) and flirt with him all day long. I am a different kettle of fish, I personally think he's a smarmy so and so and I'm a private person, sure I talk to people and have a laugh as and when but nobody at work, including him *knows* me. I think the fact I don't flirt or suck up irritates him and I'm 99% sure he's expecting a meek mousy to sit there tomorrow and agree with everything he says. He's messing with the wrong woman there and he's in for a shock.
Rant over.
Tetjam - PMSL! Answerbankers Anonymous?? hehe
What bugs me is that he has his little clique of favourites that use baby voices when talking to him (seriously!) and flirt with him all day long. I am a different kettle of fish, I personally think he's a smarmy so and so and I'm a private person, sure I talk to people and have a laugh as and when but nobody at work, including him *knows* me. I think the fact I don't flirt or suck up irritates him and I'm 99% sure he's expecting a meek mousy to sit there tomorrow and agree with everything he says. He's messing with the wrong woman there and he's in for a shock.
Rant over.
Tetjam - PMSL! Answerbankers Anonymous?? hehe
Whatever you do, do not resign or walk out. Not enough work to keep you off the net, it sounds like they want rid of a few people without paying redundancy. Or he has taken a personal dislike to you and exercising his power. You can't be sacked without prior warnings, also I wonder what constitutes as moderate internet usage, do you have a contract on how many hours is moderate? 6 yrs of your life, loyalty and hard work is a long time and you deserve more than to just throw it in by walking out. Stick with it.
No way am I going to walk out. When I first started this thread I was in shock about it, but now I'm just really angry about it. If they want me out then they'd better come up with a damn good financial package to keep me out of my Solicitors office.
I don't even enjoy my job, it's certainly not hat I want to be doing for the next 35 working years, but it's the principal of it that has irritated me.
Roll on 0830 tomorrow because I'm ready for him.
I don't even enjoy my job, it's certainly not hat I want to be doing for the next 35 working years, but it's the principal of it that has irritated me.
Roll on 0830 tomorrow because I'm ready for him.
Thanks Lottie, I can't think of who I would want to take in with me, like I say, I'm pretty private at work. In my previous role within the Company I made very good friends with the now CEO, it crossed my mind to be THAT skeaky and pull the rug out from under my Managers feet, but I don't think that would be very professional LOL.
Boogie has just backed up my earlier comments about net usage. The company needs to have a clear policy about how much time is allowed on the internet, otherwise how does anyone determine what is 'Too Much'.
Boogie has given great advice - Don't resign or walk out. Keep your cool - I am sure you will. Your boss sounds very much like an old boss of mine. She hated me because I didn't worship her and suck up to her like her little 'in crowd'.
Boogie has given great advice - Don't resign or walk out. Keep your cool - I am sure you will. Your boss sounds very much like an old boss of mine. She hated me because I didn't worship her and suck up to her like her little 'in crowd'.
Good idea to ask for guidelines about internet usage.
This appears to be a disciplinary interview that may lead to you being given a verbal warning for conduct - nothing more. The outcome (from the company's point of view) depends on what is said tomorrow.
You are right to raise the issue that you have no work to do a considerable amount of the time - HR should be made aware of this.
You cannot 'pull constructive dismissal out of the bag' (your words). To make a claim for constructive dismissal, you resign, claiming 'constructive dismissal' as the reason. This would be an potential approach if you had determined to go anyway but wanted to try and extract some readies - it is pursuaded through Employment Tribunal a number of weeks after you have left. Success is not guaranteed. Don't even go there tomorrow - it remains a potential option later.
If you are unhappy with the outcome tomorrow, say so calmly but leave it at that. The process for you (whether or not you are given a verbal warning as a result of the interview) would be to use the grievance procedure. It follows later - HR will confirm this to you.
Personally if you are told you are to receive a first verbal warning for excessive internet usage, I would accept it. Its no big deal, it stays on your file for 6 months (typically - depends on the company policy) and this is been a learning experience for you. And hopefully your manager will get off his backside and give you some work.
This appears to be a disciplinary interview that may lead to you being given a verbal warning for conduct - nothing more. The outcome (from the company's point of view) depends on what is said tomorrow.
You are right to raise the issue that you have no work to do a considerable amount of the time - HR should be made aware of this.
You cannot 'pull constructive dismissal out of the bag' (your words). To make a claim for constructive dismissal, you resign, claiming 'constructive dismissal' as the reason. This would be an potential approach if you had determined to go anyway but wanted to try and extract some readies - it is pursuaded through Employment Tribunal a number of weeks after you have left. Success is not guaranteed. Don't even go there tomorrow - it remains a potential option later.
If you are unhappy with the outcome tomorrow, say so calmly but leave it at that. The process for you (whether or not you are given a verbal warning as a result of the interview) would be to use the grievance procedure. It follows later - HR will confirm this to you.
Personally if you are told you are to receive a first verbal warning for excessive internet usage, I would accept it. Its no big deal, it stays on your file for 6 months (typically - depends on the company policy) and this is been a learning experience for you. And hopefully your manager will get off his backside and give you some work.
Good idea to ask for guidelines about internet usage.
This appears to be a disciplinary interview that may lead to you being given a verbal warning for conduct - nothing more. The outcome (from the company's point of view) depends on what is said tomorrow.
You are right to raise the issue that you have no work to do a considerable amount of the time - HR should be made aware of this.
You cannot 'pull constructive dismissal out of the bag' (your words). To make a claim for constructive dismissal, you resign, claiming 'constructive dismissal' as the reason. This would be an potential approach if you had determined to go anyway but wanted to try and extract some readies - it is pursued through Employment Tribunal a number of weeks after you have left. Success is not guaranteed. Don't even go there tomorrow - it remains a potential option later.
If you are unhappy with the outcome tomorrow, say so calmly but leave it at that. The process for you (whether or not you are given a verbal warning as a result of the interview) would be to use the grievance procedure. It follows later - HR will confirm this to you.
Personally if you are told you are to receive a first verbal warning for excessive internet usage, I would accept it. Its no big deal, it stays on your file for 6 months (typically - depends on the company policy) and this is been a learning experience for you. And hopefully your manager will get off his backside and give you some work.
This appears to be a disciplinary interview that may lead to you being given a verbal warning for conduct - nothing more. The outcome (from the company's point of view) depends on what is said tomorrow.
You are right to raise the issue that you have no work to do a considerable amount of the time - HR should be made aware of this.
You cannot 'pull constructive dismissal out of the bag' (your words). To make a claim for constructive dismissal, you resign, claiming 'constructive dismissal' as the reason. This would be an potential approach if you had determined to go anyway but wanted to try and extract some readies - it is pursued through Employment Tribunal a number of weeks after you have left. Success is not guaranteed. Don't even go there tomorrow - it remains a potential option later.
If you are unhappy with the outcome tomorrow, say so calmly but leave it at that. The process for you (whether or not you are given a verbal warning as a result of the interview) would be to use the grievance procedure. It follows later - HR will confirm this to you.
Personally if you are told you are to receive a first verbal warning for excessive internet usage, I would accept it. Its no big deal, it stays on your file for 6 months (typically - depends on the company policy) and this is been a learning experience for you. And hopefully your manager will get off his backside and give you some work.
Good idea to ask for guidelines about internet usage.
This appears to be a disciplinary interview that may lead to you being given a verbal warning for conduct - nothing more. The outcome (from the company's point of view) depends on what is said tomorrow.
You are right to raise the issue that you have no work to do a considerable amount of the time - HR should be made aware of this.
You cannot 'pull constructive dismissal out of the bag' (your words). To make a claim for constructive dismissal, you resign, claiming 'constructive dismissal' as the reason. This would be an potential approach if you had determined to go anyway but wanted to try and extract some readies - it is pursued through Employment Tribunal a number of weeks after you have left. Success is not guaranteed. Don't even go there tomorrow - it remains a potential option later.
If you are unhappy with the outcome tomorrow, say so calmly but leave it at that. The process for you (whether or not you are given a verbal warning as a result of the interview) would be to use the grievance procedure. It follows later - HR will confirm this to you.
Personally if you are told you are to receive a first verbal warning for excessive internet usage, I would accept it. Its no big deal, it stays on your file for 6 months (typically - depends on the company policy) and this is been a learning experience for you. And hopefully your manager will get off his backside and give you some work.
This appears to be a disciplinary interview that may lead to you being given a verbal warning for conduct - nothing more. The outcome (from the company's point of view) depends on what is said tomorrow.
You are right to raise the issue that you have no work to do a considerable amount of the time - HR should be made aware of this.
You cannot 'pull constructive dismissal out of the bag' (your words). To make a claim for constructive dismissal, you resign, claiming 'constructive dismissal' as the reason. This would be an potential approach if you had determined to go anyway but wanted to try and extract some readies - it is pursued through Employment Tribunal a number of weeks after you have left. Success is not guaranteed. Don't even go there tomorrow - it remains a potential option later.
If you are unhappy with the outcome tomorrow, say so calmly but leave it at that. The process for you (whether or not you are given a verbal warning as a result of the interview) would be to use the grievance procedure. It follows later - HR will confirm this to you.
Personally if you are told you are to receive a first verbal warning for excessive internet usage, I would accept it. Its no big deal, it stays on your file for 6 months (typically - depends on the company policy) and this is been a learning experience for you. And hopefully your manager will get off his backside and give you some work.
-- answer removed --
Buildersmate, where did you come from? You weren't there yesterday LOL!
Right, he couldn�t come up with ANYTHING wrong with my standard work.
RE the timekeeping, he�s going on about last month when once per week I had to attend a doc appointment for 3 weeks running. He had the swipe card system report showing when I come in and when I leave and the only times I�m not in the building when I should be is when I had to leave for the doc. I always made sure the appointment was as late as possible. He said I should be making the time up, something I was completely ignorant about, I really didn�t know that doc or hospital appointments needed to be made up, but he doesn�t believe I didn�t know that.
RE the internet usage, I produced the work I had yesterday, which amounts to 90 minutes work and told him I literally have nothing else to do for the rest of the day. He told me that I could be chasing up the vendors who I�m yet to receive back the minor services agreements from. I told him that I have been, which is a 2 minute phone call on my part to each of those, as it stands that would take up 8 minutes of my day. He�s disputing that I have asked him for work!!! I can�t prove I have and he can�t prove I haven�t so I�m in a bind there.
Cont...
Right, he couldn�t come up with ANYTHING wrong with my standard work.
RE the timekeeping, he�s going on about last month when once per week I had to attend a doc appointment for 3 weeks running. He had the swipe card system report showing when I come in and when I leave and the only times I�m not in the building when I should be is when I had to leave for the doc. I always made sure the appointment was as late as possible. He said I should be making the time up, something I was completely ignorant about, I really didn�t know that doc or hospital appointments needed to be made up, but he doesn�t believe I didn�t know that.
RE the internet usage, I produced the work I had yesterday, which amounts to 90 minutes work and told him I literally have nothing else to do for the rest of the day. He told me that I could be chasing up the vendors who I�m yet to receive back the minor services agreements from. I told him that I have been, which is a 2 minute phone call on my part to each of those, as it stands that would take up 8 minutes of my day. He�s disputing that I have asked him for work!!! I can�t prove I have and he can�t prove I haven�t so I�m in a bind there.
Cont...
He started to get really tetchy when I was talking and his voice rose when I told him that I feel awkward and uncomfortable in PSN and unless I start getting some work to do then I will have to consider leaving the Company and seeking legal guidance as to whether I have a good case for constructive dismissal, I went on to say that I could easily prove my point that I�d prefer to be working than surfing the internet as I know for a fact that the IT department run a report every week detailing the internet usage of each employee and that my reports will show a trend where I rarely used it during working hours before I came back from the secondment. He was going red like a beetroot when I said all of this, raising his voice (and mine remained remarkably calm) saying that if I asked for work then I wouldn�t need to be using the internet. I told him that I do ask for work by him when he is in the office and my supervisor, but still nothing is passed to me and I feel it is their responsibility to keep on top of what everyone�s workload is and to rectify the matter if the one of us has very little to do for a significant period of time.
HR asked if I wanted to contest anything and I told her everything except the internet usage and even then.
Apparently that was a hearing and after the HR rep has typed up the minutes, she and my Manager will get together and decide the best course of action and I will hear no later than close of business tomorrow.
I'm not going to accept anything more than a verbal for internet use (I am allowed to surf at lunchtimes!)
HR asked if I wanted to contest anything and I told her everything except the internet usage and even then.
Apparently that was a hearing and after the HR rep has typed up the minutes, she and my Manager will get together and decide the best course of action and I will hear no later than close of business tomorrow.
I'm not going to accept anything more than a verbal for internet use (I am allowed to surf at lunchtimes!)
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