Resignation

[tris-]

if you are working your notice period for resignation, can you still be fired?

i have commited gross misconduct for looking at this site at work and over such a shitty thing id rather leave. but my meeting about this is tomorrow which they say they could fire you in the meeting.

so if i put in notice can they still fire me for it?

 

[.Wilier.]

Id have thought there was a dispilinery (sp) order to foloow really ie. Verbal warning, final written warning, sack......kinda thing.

I know there is here. One of the Techs got cought perusing some pr0n and was put on a final written for a year.

 

[tris-]

its counted as gross misconduct where i am and they can fire you without notice.

thanks for the reply, but i want to know - can you be fired if you have already handed in your notice?

 

[Mobius]

I don't think so. Its like that movie "You can't fire me, I quit!" ... I'm not sure how helpful that is though. You're getting sacked for looking at Freddyshouse? Its like Nazi Germany!

 

[Turamber]

thanks for the reply, but i want to know - can you be fired if you have already handed in your notice?

Yes, unfortunately you can. I am not 100% sure, however, that looking at a (non pornographic) website is gross misconduct. Its not up to individual employers to decide what construes gross misconduct, rather its the province of the law and the employment courts.

That said - if they did sack you for it and you pursued a claim for unfair dismissal I can't imagine the judge would award you much. At the most I imagine he would award you the wages on your unexpired notice period.

 

[DaGaffer]

Seems a bit extreme. If looking at FH (and I'm assuming this means looking at any websites as FH isn't NSFW) is 'Gross Miscondunct' why do they give internet access at all? I actually think they'd be on a sticky wicket at a tribunal; they'd probably have to show that you were a serial abuser of the internet and wasting loads of work time.

 

[Deadmanwalking]

Why not just take what's coming to you?

Instead of trying to "get one" over on em. Responsibility.

 

[Bodhi]

You should quit and go work for the Council. Here browsing the web isn't Gross Misconduct, it's standard operating procedure....

 

[Anar]

You should quit and go work for the Council. Here browsing the web isn't Gross Misconduct, it's standard operating procedure....

Ahh so tru ,
To be honest that sucks mate, why give you internet access at all if their going to sack you for using it and why havent they set up some kind of site blocking thingy if they find FH so undesirable. If I were you and wait and see what they say in the meeting, if they are going to sack you i would think they would give you the oppertunity to resign first anyway.

Good luck anyway mate hope everything turns out ok for you.

 

[Chilly]

Yes, unfortunately you can. I am not 100% sure, however, that looking at a (non pornographic) website is gross misconduct. Its not up to individual employers to decide what construes gross misconduct, rather its the province of the law and the employment courts.

That said - if they did sack you for it and you pursued a claim for unfair dismissal I can't imagine the judge would award you much. At the most I imagine he would award you the wages on your unexpired notice period.

Of course its up to them. If you were a nuclear tech and sposed to be monitoring a reactor, browsing even the beeb webby is gross miscounduct.

It's all about the context of the job, I get away with looking at enws sites at work while waiting for test scripts to run cos there isnt really anything else to do. If I was a coder, though, that would be naughty cos I should be working all the time.

 

[xane]

... as FH isn't NSFW

You've either got a very liberal definition of NSFW or you've turned off sigs and avatars.

 

[Will]

People have sigs, avatars, and images turned on while at work? I'd get sacked.

 

[Deadmanwalking]

Of course its up to them. If you were a nuclear tech and sposed to be monitoring a reactor, browsing even the beeb webby is gross miscounduct.

It's all about the context of the job, I get away with looking at enws sites at work while waiting for test scripts to run cos there isnt really anything else to do. If I was a coder, though, that would be naughty cos I should be working all the time.

What he said. There isn't a law that says "FH is teh badd ok maties111one!" BAN 111one, i mean fire.

While the definition of gross misconduct needs to be put into context.

 

[Guest]

If they want to sack you because they want you out then this could be a reason to do it, maybe you have annoyed the managers once too many times and they were just waiting for you to drop yourself in it. If you have no history of verbal or written warnings then i think they will just read you the riot act and give you a written warning, but if you have been down the HR disciplinary route before then they can (if it says so in your contract of employment) rightfully sack you. Gross misconduct to me means you call your manager a **** in frontm of the rest of the workforce or you turn up for work stoned or drunk or you punch a co-worker etc, NOT browsing the internet.

Aalso, thats the worst they can do to you, its like a maximum prison sentence, depending on the severity of the crime they normally dont give out the maximum for that particular crime, so maybe its there to scare you or in case your surfing goat pron, but your case (from what you have said) seems pretty tame.

Slap on the wrist imho

 

[Deadmanwalking]

Slap around the face for viewing this cesspit.




















Noone slaps me, why i'm still here

 

[Guest]

can sum1 (deebs) turn the fucknig swear filter off, there fuck all wrong with the word c_unt

 

[Gumbo]

Er, this meeting was the first step in their attempt to get rid of you citing mental health issues. You're going to have some fun and games now, hope your balls outlast their persistance.

From the vdu health and safety thread.

They've just been waiting and watching, check your terms and conditions of employment and/or contract. If it states there that you are forbidden from accessing non work related sites at work you are screwed.

You could argue that it was a one off, you stumbled across it when looking for info on a work related subject, but then they're just going to wheel in the IT bod and show just how long and which sites you've been visiting.

This site could help you http://www.jobsearch.co.uk/ .

 

[DaGaffer]

You've either got a very liberal definition of NSFW or you've turned off sigs and avatars.

I've never worked anywhere where FH would be considered a problem. Then again, for a long time BW was work and I had no end of 'discussions' with higher-ups at Game about the forums and their content.

 

[Guest]

Damn those suit type bean counting fun destroying higher ups at Electronic Boutique (sic)

 

[Tenko]

Must admit i work for the Department of Work and Pentions who have a pretty draconic electronic media policy and even they would't deem this gross misconduct.

Then again they have a web filter too, it's pretty reglarly updated and this site if available will have at some point been vetted.


Then again, if they've given you a warning of "No more web surfing!" then like said, thats bad.

And yes you can be fired while working your notice though in this case it sounds like they're just trying to be gits

 

[~Yuckfou~]

Must admit i work for the Department of Work and Pentions

Really?

 

[Cask]

Crappy thing to get in trouble over if that's the whole story. If you're not meant to have access to the whole internet in your job then the employers should probably restrict you to legit sites. I'll set up a proxy for them if they pay me £200/hour. Course my proxy would monitor directors and the guys-that-check-what-people-have-been-surfing and make the logs accessible to anyone so it might not be too popular.

 

[Turamber]

"What is gross misconduct?
Serious misconduct which may lead to summary dismissal (dismissal without notice) for the first offence. Examples of offences which are normally regarded as gross misconduct include: theft, fraud, fighting, assault, deliberate damage to company property, serious abuse of email or internet policy, being under the influence of alcohol or illegal drugs, serious negligence which causes unacceptable loss, damage or injury, and serious acts of insubordination.

It is impossible to list all instances of gross misconduct, but organisations should give their employees enough examples to make sure they understand what, in their workplace, constitutes gross misconduct and what the consequences of breaking these rules may be. In cases of alleged gross misconduct employers should suspend employees (on full pay) and carry out an investigation. On completion of the investigation and the full disciplinary procedure, the company may find that gross misconduct has occurred and dismiss without notice or pay in lieu of notice.

The employee accused of any kind of misconduct, gross or otherwise, should be given the opportunity to have his or her say at a disciplinary meeting and be accompanied. Where the disciplinary action may lead to dismissal the statutory dismissal procedure must be used."

From www.acas.org.uk/faqs/discipline.html#6

So, I wasn't completely right and I wasn't completely wrong either. Whilst the employer can define what they consider to be misconduct, "gross misconduct" has to be considerably worse. I find it very, very hard to believe that looking at one (non pornographic/violent) website could be considered to be serious abuse of the internet.

Seeing as there is a right to appeal at a disciplinary meeting the whole investigation/meeting procedure could well take longer than the notice period being worked, which would - presumably - make it not worthwhile for an employer to pursue unless, of course, its become personal and/or they are vindictive.

 

[Deadmanwalking]

Or we don't know the whole story.

My money is going on..... oh look a pig.

 

[]AC[dRuM]

if you are working your notice period for resignation, can you still be fired?

i have commited gross misconduct for looking at this site at work and over such a shitty thing id rather leave. but my meeting about this is tomorrow which they say they could fire you in the meeting.

so if i put in notice can they still fire me for it?

You can be given the gooner no matter what, although it does seem a bit extreme have you signed anything stating that looking at anything outside of your employees database is considered an act of gross misconduct?

You can walk, but also bear in mind references from your future employees will possibly ask (if they are any good) if there was any other reason(s) for your contract terminating within a 90 day period before you resigned

 

[Tenko]

Really?

Lol, no in fact I really work for the Department of Silly Spelling

 

[Danya]

You can be given the gooner no matter what, although it does seem a bit extreme have you signed anything stating that looking at anything outside of your employees database is considered an act of gross misconduct?

That sort of thing is usually in your contract.

 

[]AC[dRuM]

Should be but any failure to clearly mention this and then try to use it as grounds too dismiss someone does leave the employer wide open for unfair dismissal, not that they have to reinstate you anyway. Not everything is as cut and dried as this though.

This could all be covered by 'works not related to the company'.

But then..

You allow telephone calls direct too and from employees and their relatives that are not work related.

And so it goes on......... and on.... and on...

Until you get a couple of grand and are still told to Foxtrot Oscar

 

[Danya]

Unfair dismissal claims almost never get you reinstated, you get get a payoff.

 

[tris-]

i did sign something stating you cant view websites not work related, and that it would be gross misconduct.

just the thing is, in the meeting he said "people look at football results, but what your looking at isnt acceptable".

an external site is an external site, right?
so ye they did want rid of me, so halfway through yesterday i got up off my chair. i told them i cant be arsed and im off home.

fuck their references, im going to uni for the next 4-5 years anyway.