Disiplinary hearing - help and advice - urgent please.

[worriedtohell]

Original thread here:

update

update - called for disiplinary - gross misconduct.

evidence: screen shot of penis

Secondary accusation of internet use in work time, evidenced by a 15 min time slot ( in the whole 2.8 years of being there) of internet use, prior to going home time. captured by screen shot.

FB has somehow been hacked also. While i was in the original investagatory meeting..... i went into work that day at 9am, the meeting was at 9.15 am. I had time to check the work emails, had a wee, spent some mins having a coughing fit in the loo ( was unwell) according to the handwritten note from my boss i had left FB logged in. I WOULD HAVE BEEN INSANE TO HAVE LOGGED ONTON THE INTERNET WHILE UNDER INVESTATION. not counting the fact that i was only at my desk for about 5 mins. My FB activity log has been printed off, and they have high lightted from my activity log any posts that may have happened in work time.
Of course these dont say if they are from the PC or phone. So, essentially count for nothing as mobile phone use is allowed.

An independed IT consultant has done a testomiomal, of which i have not as yet seen.

My boss who found the image has done a witness statement. The date she has put on the witness statement is two days later than the date form the orignal letter, and the date that i was told the image was found. ALSO, she says she found the image at 4pm. When, if you look at the signing in book, it shows that i was in the office till 4:20 pm that day.

And this is their only evidence for gross misconduct.

How is this even possible?

I think you need to focus on two very separate things:-

1. Establishing your innocence. You need to bring all your evidence to the disciplinary, refute their claims, present evidence that your boss has fabricated evidence against you, and present to them enough detail in your wording of your defence to show you have consulted a good lawyer (see below)

2. Working out where to go from here after clearing your name. A compromise is sensible, especially given you have another opportunity. However it will be far more beneficial for you to negotiate your way out after proving your innocence than with all of this hanging over you. Mud sticks and you need to make sure it sticks on the right person (your boss) and not on you.

At the moment you are confusing the two very separate sides of what you have to concentrate on, and you appear to be taking advice from (possibly) unreliable sources. You MUST speak to a lawyer, and a good one at that. And that lawyer needs to be an employment lawyer. Then he can present you with the correct terms and case details to use when constructing your defence. IMHO it is better to find an expert employment lawyer who can find out the technical stuff for you, rather than to speak to a technical lawyer who is not up to date with employment issues. If you tell us where in the UK you are we may be able to recommend someone.

A good lawyer will give you an overview of their opinion for free during a first free meeting lasting anywhere between 30 - 60 minutes (make sure you take notes as he talks this through with you). They will then advise you on your next steps. The financial clock starts ticking after that, when you will need to pay for any calls you make for further advice, any instructions you give them to investigate further, and any letters you ask them to write. Fees can be high but I think there are enough holes in their case (non-exclusive access to PC for example) that the amount of work they would need to do might not be too great. Yes, they may advise you to get a technical review done, but my gut feeling is that they won't feel it necessary. A good layer will also help you extract the best compromise in the circs. You are looking at maybe a few hundred pounds outlay to settle this in your favour and exonerated - the costs will only ratchet up if they dismiss you outright and you use the lawyers to deal with fighting them (you can do most of the groundwork yourself if that happens). If you are dismissed your household insurance may cover you for legal fees.

I agree with Squiffy.

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.

Just delurking to say good for you op! I'm pleased it has been resolved- it must be a huge weight off your shoulders. I'm pleased the money is more than you asked for- after I got made redundant having signed a compromise agreement (it was awful) I found an even better job and used the money to go on a fantastic holiday to New Zealand. Make sure you treat yourself- you deserve it!

Hi Worry / Snail,

That is really good news! Thanks so much for coming back to update, as I have thought about you often.

What fantastic news that you have a new job, and it must be a massive relief that this episode is over. I would say the generous compromise agreement is a very clear indicator that they knew they had got it wrong. Hopefully they will realise what a cow your manager was, but even if they don't, it's not your battle to fight anymore. How do you feel?

Good luck with your new job - a new challenge and new people to meet. Can I add a word of advice though? Don't do any personal browsing, no matter what the IT policy is!

Even though this is all over for you now, be prepared to still feel angry about this from time to time - I had an issue in work almost 2 years ago, which got resolved to my satisfaction, but even now (although thankfully rarely) I still get angry that the situation had even been allowed to develop.

I'm so pleased for you. Wish MN had a [champers] thing, but here is some .

Thank you:)

I feel very relieved.
Part of me wishes I could have totally torn her down in the hearing, ruining her credability, getting her management skills looked at etc....proving myself ( because I could)

But, this is the best outcome really. I'm happy to Take the money and go, especially as I have a new job already lined up.

I'm not going to be working in the same field, so pc access isn't an issue. In any case id steer clear of doing so, or working for a company that left things so wide open.