Advice

[SlightlyfreakedouT1]

I was sacked this week. The week before I made a complaint to my boss that the company IT man had been logging onto my worktop whilst I was using it at home. My friends husband (who runs an IT company)confirmed this by looking at the logs for the remote access.

What I did not realise is that the IT man in question is my ex-bosses brother in law. I am unsure if this is a criminal offence or not and whether I should pursue it?

blunt i think it was the owners0 bil that was the it guy. So thats the woman who sacked hers uncle?

They didn't sack you.

You left.

You have zero hope of getting anything.

Ah ok you're right, thanks Spartacus.

Erm, I did! And the IT guy is the uncle of the girl who sacked me. I didn't have the conversation with them as it was blatantly obvious I was getting sacked. I knew as soon as I raised the complaint that my days were numbered but then I went on a weeks holiday. As soon as I returned I could tell I was going to be sacked as the two ladies in question avoided any conversation with me. I was out of the office mostly in the last week (as well as having a day off for the interview) I assume they waited until 5 to 5 on Friday as it was the end of the week and the day we got paid.

From what you've said here. They didn't sack you. You threw the head up and left when challenged.

I was sacked 'what about the car' 'yes we need it now I'll call you a taxi'.

And you did falsify stuff. You must've to have said you were off sick when you weren't. So that bit is true. You were falsifying records

You knew he recorded everywhere and you knew there was tracking in the car. So why not be careful and have a strict divide work/personal?

And I wasnt accused of theft!!! Not at all. There was absolutely no way I could falsify my figures.

she simply said 'we've been looking at your figures and they dont add up' i knew straight away it was the only excuse they could come up with and that it was her way of saying I had been sacked and so then I just said 'right, what about the car then' and she said 'yeh we need it now so ill call you a taxi'. That was it, no discussion nothing.

Nothing there says they sacked you. Nothing.

A couple more links for you OP..
www.yourprivacy.co.uk/yourprivacyrightsatwork.html
www.gov.uk/monitoring-work-workers-rights/email-cctv-and-other-monitoring

You might also want to give ACAS a call, they have a free helpline and are usually pretty good.

Op, maybe you're failing to convey what it's like. My boss or whomever not talking to me for two days would not lead me to assume I would be fired, I'd just think he was busy.

And it's really not normal to be accused of something as serious as this and just say right what about the car then. They didn't even fire you.

I think you need to let it drop because your complaint is they were basically accessing their own computers.

However I don't get how you simply accepted a fraud accusation in a way that would indicate guilt and you know will be detrimental to your future career. To me that's the much bigger issue here. I'd be wanting to prove I did not behave fraudulently. I'd see a solicitor about that.

I'd also consider the guy was in the lap top looking for evidence, hence the awkwardness when you complained.

Op if you want to pursue this tou need ti clear.

Because its starting to read like.

You miused company property
Realised you were being tracked
Allowed someone else to access the laptop
Told the boss you let someone else use it
Said this person claims the IT guy was on the laptop 24/7
Called in sick to go an interview
Were challeneged about falsifying figures and accepted that accusation with no defence and walked out.

It could sound like just a malicious complaint with no factual basis or proof. Because you knew yiu were wrong.

Can You prove they said the words 'we are sacking you'.

I knew there was monitoring in the office and on the car, I did not expect this to also include monitoring me in my own home. I did say I was sick when I went for an interview yes. I did not get sick pay so although wrong of me it was the only way I could go. Interviews are often held at short notice, I had just returned from holiday so to ask for another days holiday after only being back from a week off for one day would have looked strange. I did not go to the interview in the company car either - I know I am stupid but I'm not that stupid!

And I wasnt accused of theft!!! Not at all. There was absolutely no way I could falsify my figures

Of course it's theft. You falsify numbers and get more commission. It's fraud, theft, whatever. And if it's not possible why did you simply accept it?

Falsefying figure is fraud OP. So essentially theft. Iy also makes your wage slips as proof you were hitting targets, pointless if they can prove you were falsfying figures. Which i imagine they would have no problem faking.

I did not expect this to also include monitoring me in my own home

They weren't though, they were on the company lap top, which they are entitled to do.

Bluntness100 you are talking absolute rubbish. They are absolutely not entitled to monitor the OP at all even in the office without making it clear that they are doing so. They are certainly not able to monitor her at home either.

OP - call the ACAS helpline tomorrow:
www.acas.org.uk/index.aspx?articleid=2042

Also contact the police and see what they say.

Then decide whether it is worth you doing anything or not. I don't think you have done anything wrong at all. Your employers sound totally out of order.

But don't say they sacked you. Because from what you said here - the didn't.

Do they know or will they be able to prove you let someone else look at the laptop?

Bluntness100 you are talking absolute rubbish. They are absolutely not entitled to monitor the OP at all even in the office without making it clear that they are doing so. They are certainly not able to monitor her at home either

I, afraid it's not me that's talking rubbish. I can assure you any solicitor will tell you it's their equipment and they can use it as they please and give access to anyone they please to their own equipment as they see fit.

The law states everything on that computer is theirs they own it. That's it. No way round it, its not hers, it's theirs.

Why do you keep saying falsifying figures? This is how it worked, I went out and sold something at whatever price I could so long as there was at least 30 per cent profit on it. The system they had showed me what the cost price of the item was so I could be sure I was adding at least 30 per cent. The customer would phone all future orders through to the sales office and the sales staff in there would put the orders on. At the end of each month I would sit with the office manager and she would list all of the invoices that were from customers I had got and work out the commission. The computer system would show what the gross profit was on each invoice. They were always above 40 percent. The indication was that I had been selling too low. We all knew this was not true though, some invoices would have 180 per cent profit on them. It was all they could say to justify sacking me. They both looked really embarrassed.

Found this on the ACAS site - www.acas.org.uk/index.aspx?articleid=5721

Being monitored at work

Employers may wish to monitor their workplace for various reasons, the Data Protection Act doesn't prevent employers from monitoring workers, but employers should remember workers are entitled to some privacy at work. Employers must tell employees about any monitoring arrangements and the reason for it.

Key points

• Employers should have written policies and procedures in place regarding monitoring at work.

• Monitoring shouldn't be excessive and should be justified.

Staff should be told what information will be recorded and how long it will be kept.

• If employers monitor workers by collecting or using information the Data Protection Act will apply.

• Information collected through monitoring should be kept secure.

they could prove that I let someone on the lap top if they take the cctv recording of me telling them but that would also include me telling them about my concerns so I doubt they would do that.

Oh and if you have a company mobile phone, what's on that belongs to your company too, even messages from your mates. People need to be really careful when using equipment they don't own for personal use. There is no right to data privacy in the uk on equipment you don't own.

If it was her personal lap top or phone or car different, but not when it's not hers and it's theirs.

Some worrying misinformation here about the extent to which employers are allowed to monitor. Regardless of whether the computer belongs to the employer it's simply not the case that they can do whatever they like.

Very clear ICO guide

They have been really clever.

They confronted you about falsifying figures. Which is fraud. criminal activity. Which (on the linked above is listed as an exeception) gives then right to monitor their equipment and your use of it outside or the norm.

They will then say that when they confronted you about it your response was 'ok what about the car'. You did offer a defence or question them.

So they have a get out on the monitoring and didnt sack you.

People are talking about falsifying figures because thats what they spoke to you about. They didnt sack you, you walked out.

And if they were planning on sacking you for falsifying figures, you can bet they could back that up. Even if their proof is bogus.