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Hawick_1987

The internet and the law

*WARNING - MAY CONTAIN RANTING*

I have as of an hour ago been suspended on full pay from my work on a gross misconduct charge. For what you may ask?

Theft? Assaulting a colleague? Misuse of computer systems? Abusing customers? NO....posting my intentions to apply for a new job on Facebook.

I intend to fight my cause, although I understand that under the terms of use all information provided on my profile is in the public domain and therefore eligible for use as evidence of 'a breach of trust.'

However naive I may have been in posting said information, I intend to stand my ground on principle.

BUT I do not know enough about the law governing social networking to assemble a good case.

Any starting points/advice anyone could give me on this?

Like I said before I trust you lot!  
joyce

We had to sign a form in our work not to talk about our work, collegues or post any photos of people from our work that they may find offensive on Facebook or any other Social Network.... I wouldnt have thought mentioning that you were applying for a new job would be wrong! ....but....
cybers

I would assume regardless of what you posted to Facebook and the Public Domain would leave you on safe ground as it neither constitutes bullying or harassment or any form of racism in its widest of terms.

I would drop everyone involved in the sh!t over this issue as generally someone else in the workplace is aware of your situation so you could therefore claim it was pre warned. Oh and lets not forget your claim for constructive dismissal over their bullying harassment and neglect to your right of privacy.

Oh and since yi lived in the borders yi kin throw in Racism and sexual preference innuendo ya backward walking sheepshagger !!!

 

Seriously though keep us informed how you get on as i am sure this will have implications for everyone.
fastnet

It would be nice to see what was written on FB but if you haven't said anything bad about the company you work for I can't see why you would be suspended just for saying you were going to apply for another job.

Would you have been suspended if you said it face to face with your manager ?........I think not.
Hawick_1987

Some good points there guys, cheers  

Cybers my sheep shagging days are well behind me now!!!  
kev

Hawick

I assume you used your work computer to go on facebook... If so you have probably fallen foul of your companys rules....It happened to me a couple of years ago ...will tell you about it tomorrow as Im off to the west end for a serious swally
Hawick_1987

Silver lining and all that; more urbexing for me and more time to post up the results!!!      
Lone Groover

kev wrote:
Hawick

I assume you used your work computer to go on facebook... If so you have probably fallen foul of your companys rules....


That is the likely sticking point. Or if you posted from a mobile during your hours of work. Did you mention the company name ?
Hawick_1987

Lone Groover wrote:
kev wrote:
Hawick

I assume you used your work computer to go on facebook... If so you have probably fallen foul of your companys rules....


That is the likely sticking point. Or if you posted from a mobile during your hours of work. Did you mention the company name ?


No. The job application was mentioned on my facebook outwith working hours at home. At no stage did I bring the company name into the equation.
Stuball

I'd be interested to see what they try use if they boot you....
Lone Groover

Hawick_1987 wrote:
No. The job application was mentioned on my facebook outwith working hours at home. At no stage did I bring the company name into the equation.


In which case, they are invading your freedom of expression. and right to privacy.

Do you have a union?
Doorstop

^^^ This!
AlanM

Does your employer have a social media policy?

Could what you've posted including previous postings and your profile identify the company and possibly show them in an unfavourable light?
hillmanimp

Hawick

I mentioned your situation at work.  Most people felt it was a gross invasion if you did it from home and didn't make any disparaging comments about your employer, but we don't know the legal position.

One of my colleagues even said, that if everyone who expressed a desire to look for a new job was suspended our place of work would be pretty well empty  

Imp
Hawick_1987

So a wee update to bring this one full circle:

I was suspended on May 12th and faced a disciplinary meeting with the regional HR manager on May 24th at the old George Hotel on Buchanan Street. I had already been paid what amounted to hush money that morning and arrived at the meeting with a termination of contract book pre-signed and placed in front of me. I explained my side of events i.e. broadcasting that I wanted a new challenge and a new job, but it had all the farce of a Pussy Riot trial.

I was sacked on the spot and went on to find a new line of work less than three weeks later - there was no way that I was involving myself with those fuckwits at the job centre plus again - "SO MR REDPATH, great results from school and university...excellent working history...have you considered a career in the Janatorial sciences?"    

Cut a long story short I was awarded some form of compensation and I'm happily dotting away in my new job. Thanks for all the advice and support  
Beano

Hawick..."All's well that ends well" then, new job sorted    
Stuball

Sounds like you were made an example of... employers not happy with people posting to facebook so scare everyone else
fastnet

    This has got me thinking about some of the pics I have posted on here.
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