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I asked a question to XXXXX XXXXX last week regarding an employee who is using the internet excessively during working hours to gamble and look at sites to meet escorts and what would be the procedure to dismiss. We didn't have an internet policy but we do now which they all signed today to say that gambling, pornographic, social networking sites etc are not to be used. Tonight we have looked at his internet history again dating back three weeks and it seems not only is he betting etc inc today but he is also looking for another job as he is on jobsites where he has put his home postcode in and also he is looking at our direct competion for jobsso. This also happened today after he has signed his internet policy document. Does this justify gross misconduct as we now do not trust him as he is looking for a job with the competition and has all our database to work from. He is in sales and therefore goes out to clients and is meant to be promoting our services. What is the procedure?
Submitted: 8 years ago.Category: UK Employment Law
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Answered in 2 hours by:
6/21/2010
Solicitor: UK-Justice, Barrister replied 8 years ago
UK-Justice
UK-Justice, Barrister
Category: UK Employment Law
Satisfied Customers: 16,193
Experience: Called to the Bar in 2007
Verified
Yes this may justify gross misconduct if you have a Policy in place. You should suspend him on full pay, indicating because he has abused the IT system and/or conducted other activities during work time.

You can then investigate the matter and obtain all logs. Then call him into a meeting and decide what to do.

The person investigating must be impartial - so too would the disciplinary panel.

You can get more info on procedure at: http://www.acas.org.uk/CHttpHandler.ashx?id=1047
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Customer reply replied 8 years ago

I copied his internet use by screen shots lat night. Prior to the policy that was put in place yesterday does his excessive use of the internet during working hours to look at betting, porn, jobsites during working hours amount to gross misconduct as in the company handbook it says 'Employees are required to devote their full time, attention and abilities to their job duties during their working hours, and to act in the best interest of the Company at all times. They must not (without prior written consent of the Company) be in any way actively undertaking work where this is in conflict with the interest of the Company, or if it detracts from the efficient performance of their duties.' He has missed his sales targets this quarter by a mile and he is not doing the job he is employed to do 100%. Also the policy was put in place yesterday and after this he still flouted the rules by looking at the above listed sites. Also i found on his desktop that he has copied the companies database in April and put it into a pdf file presumably to email to his hotmail account and then he deleted the file but i found it along with other database copies in his recycle bin on his desktop.

 

We now have no trust in him as he has copied our database, is looking online for another job and is contacting the competition, along with not accepting policy yesterday to go onto internet sites that we have banned, flouting our rules.

 

We are a small company where myself and my husband are the Directors and we have 4 other staff including him. Therefore I will be investigating and my husbanddoing the disciplinary who is his line boss as we don't have anyone else to do this, is this ok? We will suspend him and send him home and then get the discipliary letter to him listing our allegations and providing him with copies of the evidence we have so he can put his case together. Would we have a better case if we left if for today to get more internet evidence as this will then be 2 days after he signed the internet policy or would we have enough on the basis above to suspend today and go for Gross Misconduct as we really don't want him in work as we don't trust him.

Customer reply replied 8 years ago
Relist: Have been waiting since 8am this morning for a reply and no-one is getting back to me.It is an urgent issue and it has been 6 hours now. Please re-list under employment law.. Have been waiting since 8am this morning for a reply and no-one is getting back to me.It is an urgent issue and it has been 6 hours now. Please re-list under employment law.
Customer reply replied 8 years ago
I had to go to another solicitor on just answer as you did not reply to my reply. Therefor i had to reslist the question.
Solicitor: UK-Justice, Barrister replied 8 years ago
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