*moved on user request* Facebook being used to sack/discipline employees.

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moved on user request Facebook being used to sack/discipline employees.

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July 5, 2010 at 6:57 pm

#696599
1

Digital-A

@digital-a

Member
Good evening!

Recently I posted on my current employers discussion board on facebook in reply to a customers comment (regarding not recieving any email, letter or any form of reply to her complaint) stating that my employers deletes emails and bins letters of that nature. This has and does happen. When I arrived into work I was told I needed to contact my manager as this is regarded as gross misconduct which will result in the termination of my contract. What i’m interested to know is if the username i use on facebook isnt my actual full name, accounts can be set up with no information needed to prove you are who you say you are and there is no proof of the original posts (all threads have been deleted by the company) then when it comes to FB can a company actually end your contract when there is no physical proof?

I end my contract Wednesday anyway to start my new job so nothing will come of this but im just interested to see what information people have, law knowledge or just your opinion is on the matter ..

take it easy, Tommo 🙂
July 5, 2010 at 8:59 pm

#938644
1

DaftFader

@daftfader

Participant
I think you would be able to take them to tribunal for that … alltho all facebook stuff is logged.

You could probably turn it around and get them into trouble for actualy doing it (throwing the letters away I mean).(At least I hope the justice system works like that .. alltho It probably doesn’t lol)

you could push for the people throwing the letters away to be done for gross misconduct mby? or the people higher up telling them to do that?

Does it count as gross misconduct if they are actualy doing what you claim and you can prove it? (for some reason i have a feeling that it’s only if you make faulse statements in the negative about them – but again I’m not sure our justice system gives that amount of justice)
July 5, 2010 at 9:03 pm

#938645
1

DaftFader

@daftfader

Participant
@Digital-A 390206 wrote:

can a company actually end your contract when there is no physical proof?

They can do what they like untill you take them to tribunal … then if they have done something wrong they may take it back b4 hand or get fucked at the tribunal …

I think that’s how it works
July 5, 2010 at 9:05 pm

#938646
1

DaftFader

@daftfader

Participant
Oh yeah .. and it allso depends, to some extent, on what your contract sais I would imagin.
July 5, 2010 at 9:08 pm

#938647
1

DaftFader

@daftfader

Participant
If you said to them it wasn’t you .. and they sacked you with out investigating .. you could take them to tribunal for unfair dismissal.

Failing to conduct a reasonable investigation can make a dismissal unfair. This is one of the tests that the Tribunal will apply in determining whether a dismissal is unfair or not, under a case called Burchall -v- British Home Stores.

There are three tests.
Test number one – was the investigation reasonable conducted?
Test number two – the finding of the investigation caused the decision maker to have a reasonable belief that the act was committed which was complained of
Test number three – was the response of the employer reasonable in all the circumstances?
If an employer does not allow an appeal, that in itself will cause an unfair dismissal.
Under the new Regulations which came into force on the 1st October 2004:
- The employer is obliged to put the allegations in writing
- Give the employee the right to be accompanied by a work colleague or a Trade Union Representative
- The employer must give a right of appeal to any disciplinary action.
- Failure to do these basics will cause findings of unfair dismissal and an entitlement of up to four weeks pay just for those failures and not taking into account any mitigating or contributory factors.
July 5, 2010 at 9:14 pm

#938648
1

DaftFader

@daftfader

Participant
I just read somewhere if there isn’t a handbook or distinct definitions of gross missconduct in anything you’ve signed … then it makes it alot harder for the employer to sack you for gross mi8sconduct legaly.
July 5, 2010 at 9:23 pm

#938649
1

DaftFader

@daftfader

Participant
“bringing the company into disrepute” Is normaly classed as grossmisconduct …

you only way out would be to say you didn’t do it and force them to prove it .. if they can’t then you’re a win i think
July 6, 2010 at 10:11 am

#938640
6

General Lighting

@general-lighting

Moderator
Staff
this seems strange, unless facebook colluded with your bosses to divulge your info! Even if you use a different username, there’s a balance of probabilities traffic will come from the same IPs you use for your real ID (or FB might link it to your real ID using cookies already present on your computer). big companies stick together.. you should still go to tribunal just to expose this tactic if it happened…

unfortunately every company I know of would take the same action against an employee divulging operational matters like that – their view is if they want to complain they either blow the whistle to the companies directors or in some cases the official government regulators for that industry rather than the media (including web forums).
July 6, 2010 at 10:38 am

#938643
1

Digital-A

@digital-a

Member
Thanks for the posts guys!

This company has a history of doing dirty stuff, customers taking them to court and then the customer winning because the company didn’t even bother turning up. Problems with promoters have led to them buying a whole stadium of tickets and then lying to customers making out they won a competition so if you bought 5 tickets .. you received 10! imagine everybody in the crowd being so happy they had won .. someone over hearing the conversation says ”holy shit, me to!” and so on and so on. BBC – 6 Music – Amy hospitalised .. company director lying there, fucking tons of people were charged ..

The company I think will just be looking forward to seeing the back of me so I really don’t think it will go any further. Anyone no if an employee can take an employer to a tribunal even though the wrong doing was not necessarily directed at them? what kind of evidence would you need?
July 6, 2010 at 10:52 am

#938642
1

Tank Girl

@tank-girl

Member
there have been atleast 3 senior staff sacked, and about 8 awaiting disciplinarys in the ‘company’ I work for
I think however what they wrote was well out of order and quite rightly so that they got reported.
the unions are not even getting involved as they say it is indeffencable and it is straight to disciplinary
however these people did not protect their identity, privacy, were out or order and fucking stupid for what they wrote on a public forum when they are meant to ‘represent’ the company and their proffession – as they arnt even able to use ‘freedom of speach’ as with their job roles comes responsibility
July 6, 2010 at 11:24 am

#938641
6

General Lighting

@general-lighting

Moderator
Staff
@Digital-A 390252 wrote:

The company I think will just be looking forward to seeing the back of me so I really don’t think it will go any further. Anyone no if an employee can take an employer to a tribunal even though the wrong doing was not necessarily directed at them? what kind of evidence would you need?

you can contact Trading Standards just like any other citizen. It may only be “soft evidence” rather than actionable in Court, but in these sorts of investigations every little helps.

bear in mind though in a capitalist country like the UK or USA its not an offence to simply give shit customer service/make mistakes (or half of Britain’s business managers would all be banged up), and in an unregulated industry such as concert tickets they need to have a good body of evidence to prove its deliberate attempts to defraud people. the wider consensus is the “market sorts out crap business” by the going bankrupt, or if a particular market segment is always beset by problems people stop doing business with it!

unfortunately I’ve always felt the large scale commercial music industry such as concerts and festivals does not work even to to the same level of business ethics as something like IT or telecommunications (and they are only marginally better..)
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