Is suspension from work for personal emails unfair?

Question

I have been suspended from my place of work for receiving 6 personal emails. They were very short and urgent and from 2 family members. I have never given out my address and in 4 years at this place - it is the only time I have ever used the system for non-business related purposes. I don't even work anywhere that important (!) - just in the Head Office of a Department Store. I am being investigated for Gross Misconduct - I am very upset and humiliated. Does this sound like victimisation? Or a fair suspension. I am seriously looking at my options with regards to fighting this horrible company.

P.S. the email were all concerning my Grandfather being taken ill. We have no SMS reception in the office and are not allowed telephone calls or mobiles.

Answer 1

When you got hired, you probably signed a form that said you would not use the work computer systems for personal use. And in said document it probably said that there were consequences that you accepted as part of the agreement.

Having said that, they probably are only using the emails as an excuse to fire you. I would look for a new job.

Answer 2

Sounds like they're being a little unfair in suspending you. They could have at least giving you a verbal/written warning and be done with it especially since you've been there for 4 yrs and it's only 6 short emails from family of urgency. Once they realize it's not like you're playing around talking to family and stuff they'll probably take you off suspension. Perhaps they've stated "anyone caught...." "will be suspended"...and since you were caught they had to follow through.
A lot of companies now are cracking down on employees using company time emailing friends and family. Once they realize yours was urgent, you'll be fine. But since they had made a new ruling (just guessing here) And warned of what could happen they probably had to follow through! Try to relax a couple of days and then go in to talk to them.
Wish you luck

Answer 3

It sounds totally illegal to me. Try contacting ACAS and asking them about it. Normal procedure (I believe under employment law) before suspension is a formal warning of which you have to be given advance notice to prepare yourself. This is unless you do something totally gross that means you cant stay at work like assaulting a customer or colleague.

Different companies have their own policies and they are entitled to discipline for petty rule breaking if they really have to and follow normal procedure but it has to be proportional (eg you cant sack someone for being a minute late twice in a week) and the most important thing for you is that it has to be equally applied across the organisation. Essentially that means if anyone else has received personal emails and not been suspended then yes, you would have a good case at an arbitrator that you are being singled out for special treatment.

Answer 4

It does sound like victimisation - fight the buggers.

I really don't think an employment tribunal would view 6 e-mails in 4 years as gross misconduct. You should have been given a verbal and written warning before they took this action.

Answer 5

If we are to maintain this talk board free of cost, then there is no longer something that we can do. it could cost quite some money to honestly hire people to study over the pronounced offenses. the reason that this component of Yahoo! continues to be unfastened, is that it is not staffed by way of from now on than 5 people. The pronounced offenses merely pass to a software that does each thing immediately, subsequently, the random bans and suspensions.

Answer 6

it depends on your contract. If there isnt an email policy that covers it then they are on very dodgy ground.

1 if they havent specifically forbade it, it cant be gross misconduct. it could be misconduct, but not gross.

2 if you only received the emails (didnt send anything) then it cant even be that, otherwise you would be liable for receiving spam email which no one would expect you to be.

3 I beleive it could be illegal for your employers to read your emails unless they tell you they reserve the right to (and they have to tell you in writing). note for employers, you have to also say you reserve the right to, but dont have too, otherwise if someone sends something deflamitory you can be co-sued for not reading it and stopping them.

Answer 7

I am sorry that you feel that way. Lets face it, thousands of people use the works computers for playing around on the computer. You should rather your family contact you be sms than e.mail, companies are getting stricter but having you suspended is not fair. They should first give you a warning as far as i am concerned. I feel for you. Good luck.

Answer 8

If they have a written policy that states NO PERSONAL EMAILS, you really can't fight it. You can explain like you did here that they were short and urgent, and you have told the senders not to email you anymore.

In the meantime, polish up your resume and find another job before they fire you and you get a spot on your employment record. It would be best to leave on your terms, not theirs.

Answer 9

You have never done this before and and behaved up until now, which says to me that these e-mails were very important to you and that's why you did it. Surely they must be taking your previous years working for them into consideration? Not sure if you can take it to a tribunal but you are entitled to your say. Seek advice from Citizens Advice, they may be able to help/ Hope this works out for you x

Answer 10

It questions the system they use - Why give you E-mail if its not intended to communicate with others outside the organisation?

There are other very good internal mesage delivery systems out there. I think something is seriously wrong with that company - kick up a massive fuss!!!