we have an employee who during work time has posted on face book to another employee who was off sick saying that he was a wanker letting every one down not turning up.the reply was dont use facebook as the director looks at our posts(a memo had gone out the day before asking people not to use facebook in work time)the reply was i dont give a shit she(the director) can f... off for all i care.the director saw this and wishes to dismiss him.is this legal (i am the manager) can you please let me know if this is grounds for dismisal as i will be doing it
Province/Country relating to question: w sussex
internet this is my first port of call
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.How long has the employee been there?Is there an IT policy?
the employee has trained with us and is now fully qualified he has been with us for about 4 years.we are an electrical contractors we don't have an IT policy he accessed face book from his personal phone whilst on site.
since my first question i have checked his face book page personally and he also said to his work colleague after saying he had let everyone down that he hope he dies.
The director can dismiss but must follow the acas code of practice.Ideally there should be a misconduct policy and IT policy.Therefore if there has been a breach it is easier to identify.But potentially this could be gross misconduct and the employee dismissed.But strict procedures must be followed.So to answer your question, yes this coud be legal if done right.The acas code can be found athttp://www.acas.org.uk/index.aspx?articleid=2174 Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist.
Called to the Bar in 2007
I'm just following up with you to see how everything is going. Did my answer help?UK-Justice
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