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Original poster

What can you find out from a saved image?

101 replies

worriedtohell · 09/08/2012 10:22

Difficult situation at work in which im currently suspended for an ' indecent' image of which i have never seen being found on my pc.

I am a pc user, not a technical person, i think the pc is being looked at, but, for my own knowledge i woiuld like to know:

Can they tell from a saved image, where it came from - ie work spam, FB, deliberatley downloaded?

How reliable are the ' created dates and times' and can they be tampered with?

How does an image end up in the downloads, if it hasnt been downloaded?

Why is none of my actual work in the downloads file, because i do download/ open attachements, but no actual work is in this file.

Thanks

OP posts:
Original poster
worriedtohell · 16/08/2012 19:44

It's impossible to stay there now.

I'm going to Log a greviance against my boss.

And Take them down with a view to getting as much money as possible.

OP posts:
achillea · 16/08/2012 19:48

Do you have other colleagues that may support you? She may be the only bad apple and needs to be removed instead of you? It's very tough out there at the moment in terms of jobs.

Original poster
worriedtohell · 16/08/2012 20:09

Not really.
No, It's a very incestuous company, with only 7 employees. Half of which are best friends with the boss. One would, but she's terrified to lose her job

OP posts:
Gay40 · 16/08/2012 20:18

Any decent union rep would have this thrown out on its arse before it even got started. But we aren't that desperate for members, so....

achillea · 16/08/2012 20:27

What's the thing with unions? Is everyone entitled to join a union no matter what their employee status (eg charity, small company etc?).

Gay40 · 17/08/2012 10:38

Anyone can join a union but it is whether the employer recognises it or not. By recognises: "Will officially work with"

OhGood · 17/08/2012 10:43

Download folder - when I download something without specifying a location, it downloads to a downloader folder, and I also get a popup asking me to save to another location, or open the file.

I dunno where my download folder is and have never seen what's in it.

Anyway - just to say I can see why you would not know what's in your download folder (in response to an earlier post) but mainly good luck, and I hope you get this sorted.

achillea · 17/08/2012 10:56

I think your download folder has been emptied. I think anything you download gets downloaded somewhere otherwise you can't open it. Looking at an image online is a different matter.

I would fight it out and put everyone to rights, then resign if you want to with your head held high. I bet there will be a lot of people grateful to you.

KickTheGuru · 17/08/2012 11:24

HA. HA.

Have a read here:

www.computerhope.com/issues/ch001296.htm

I would look into them remotely accessing your PC and potentially loading those images onto your system

Original poster
worriedtohell · 17/08/2012 11:35

My boss has remote access to the email accounts, inc mine.

I dont know if that means anyhting at all.

OP posts:
achillea · 17/08/2012 11:40

If this is what they have done it could be a criminal offence and very serious. They would have to be dismissed (by the Board if it is a charity), along with anyone else that was party to it. Have you spoken to a solicitor yet?

KickTheGuru · 17/08/2012 11:45

Remote access means that any computer that sits on the same network can be accessed by the IT department (or anyone who knows how to do it)

For instance, if my husband leaves his laptop on at home and installs something on his work computer, he can work on the laptop. I can sit at home and watch the work being done - I can watch our Skype chats!

I would find out how to see if you can check if your computer has been remote accessed.

HauntedLittleLunatic · 17/08/2012 11:48

I think you need to stop putting too much effort into defending yourself and think about where you go from here and how to acheive that - which I think you are definitely doing but comes across as a bit disjointed on the thread - probably because its a bit intermingled with the technical support and other stuff.

So - what are your options and most importantly how are you going to acheive them without too much long term negative impact? You then need to focus your energies on putting in place those things and viewing a more positive outcome in that sense.

Is your best option really to fight this? Or would you be better to let it ride to a certain extent and then go to tribunal for unfair dismissal. This sounds like the obvious answer. What resources would you need for this - financially, from experts, what are you likely to gain, how does it impact benefits and employability?

Or do you hand in notice - same q's.

Look at the bigger picture and try to clarify your thoughts on that rather than just focussing on the next meeting.

Original poster
worriedtohell · 17/08/2012 12:41

ust hada copy of the signing in sheets from that day. From that, i was not the only one in the office AT ALL!!

Yet, my boss, had told the people dong the investigation, AND its been minuted as such, that i was the only one in.

The time sheets, filled in show something different to what the staff have signed in and out of for that day.

None of it adds up.
Its all bollocks.

Haunted - yes, its disjointed, because its a technical thread. Ive been advised to save the tecnical info for any appeal. Essentially i shall ride it out and go to tribunal and collect the money. OR, now based on the greviance im going to log, and proof direct from my boss that its all lies, then a massive pay off.

OP posts:
achillea · 18/08/2012 01:11

The money you get from a tribunal may not make up for the loss of earnings that you may face, unless you are extremely employable it is very hard to find work out there at the moment.

Remember if it is a charity, the Board may be held accountable if there is something criminal going on. I think you have quite a lot of power in your hand to be able to have your manager sacked. If the Board know about this it will certainly make them uneasy - they won't want to represent a bunch of liars and cheats purporting to be a charity. Perhaps you could speak to the Charities Commission, confidentially?

Wowserz129 · 18/08/2012 13:30

I would take all this stuff to a solicitor and get some RL help with all this stuff. X

Original poster
worriedtohell · 21/08/2012 07:39

Have seen a unison rep who advised me to try for a pay off and a good ref.

Said It's all pointless as they clearly want me out, and there isn't really any case, but she sees it all the time with small employers.

I feel absolutely gutted, powerless and very down about it all. Actually It's horrific the position they have put me in.

I Didnt.do it, they dont have any evidence, the unison rep said I can refute all thier evidence, but if they still believe on the balance of probabilitiesitwasme,they can do what they want. I feel very small and very hopeless.

OP posts:
WMittens · 21/08/2012 08:03

That is fucking shocking treatment, sorry to hear this. Get as best a payoff as you can, and look to the future.

Original poster
worriedtohell · 21/08/2012 08:07

I can't see It's likely they will agree to a payoff really, if they gross misconduct me then they dont need to pay me anything.........

OP posts:
NetworkGuy · 22/08/2012 09:11

But you've seen comments on the three threads picking holes in the so-called evidence, and you only need to remain determined (and explain they leave you no option but to take them to an Industrial Tribunal as they have behaved in an OTT way regarding a single image that you had nothing to do with).

A tribunal will take time and will drag their names through the mud, so is something they should want to avoid. A payout and good reference is a compromise they need to consider, faced with the damage a tribunal could cause them both individually (Chairman, your manager), and for the charity.

Hopefully they will see you are not going to give up the fight (despite Unison rep advice) and that if they simply dismiss you, it will rebound on them.

If they say they are dismissing you on grounds of gross misconduct, then say that you believe the evidence they have is flawed, and your only option now is to drag them through an Industrial Tribunal, highlighting the shared computer use and the fact other organisations might hand down a reprimand and written warning, while this appears closer to a personal vendetta.

NetworkGuy · 22/08/2012 09:14

Should have been clearer - while waiting for a tribunal can take time (eg 2 years in a case in the area I used to live), I meant that while the tribunal was on, it is also taking staff (and Trustee) time away from doing other things, which has a cost either in salary (when not able to do day-to-day job) or inconvenience (for the Trustees who attend). Also costs them if they decide to have some legal representation.

watchoutforthatsnail · 12/09/2012 10:55

Just wanted to update ( didnt name change this time)

After my holiday the hearing was rescheduled, and then i postponed due to sickness. The hearing was to be this friday, yesterday i sent them a compromise agreedment offer, which, they came back with saying that they had already been working on one, and were going to offer me x amount, ( which is nearly double what i asked for in my letter)
I will get a good ref and the dis will not be on my record.

Im taking it.
As far as i am concerned the fact they were working on it shows they knew they had NOTHING on me, and shows they just wanted me out.
I have a new jobs already, so ill take the money - and fuck them.

1sassylassy · 12/09/2012 21:24

Glad to hear it ended well,their IT system was shit.Good luck in your new job,it must be a huge relief its all over.

NetworkGuy · 13/09/2012 11:41

Glad it worked out for you. Sad that it came down to a nasty boss and hope others don't ever get the same treatment. Really hope the Trustees see this as a kick in the teeth for their 'management' and give your old boss a written warning not to do anything like it again!

NotGeoffVader · 19/10/2012 12:08

Really glad that you got it sorted out, Watch - I was following your earlier thread, and could see that they didn't have a leg to stand on as such, but that it would be easy for them to try to 'blind with science' in a tribunal or other hearing in as much as it'd be your word against another's.

Hopefully you're now well out of it, counting your £££ and enjoying your new job!

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