say someone was dismissed for sending/receiving porno pics on the companies computers, and the company made up a grading system to grade how serious the pics were, does the company have to show the employee or tell them about it??
I can't find it under the employments rights act?
2007-11-28 08:06:21 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In the UK.
2007-11-28 08:12:17 · update #1
Royal Bank of Scotland vs Goudie case
2007-11-28 08:12:47 · update #2
Yes it's been resolved, I am looking into it.
2007-11-28 08:44:36 · update #3
employment law is not like criminal law you dont have to have hard evidence. an employer only has to have a reasonable belief. of course hard evidence is best as you cant really argue with it! If your employer does have evidence it has to be given to you before your disciplinary hearing so you can fairly defend yourself its our right to natural justice- if youve been employed less than a year, your a bit stuffed if over 1 year claim unfair dismissal at employment tribunal.
2007-11-28 09:34:49 · answer #1 · answered by Shelley J 3 · 0⤊ 0⤋
I'm not an expert by any means but in the UK, you MUST have evidence before you accuse anyone of wrongdoing, (Although here in Scotland the Law is different as we must have corroboration before any charge can be brought)
I would imagine that the accuser (I.e. Employer (RBS)) should have to show at the disciplinary hearing that they had the evidence to back up the claim of gross misconduct, otherwise the hearing would have very little standing when it eventually went to a employment tribunal, as this would show that the bank had not shown due diligence in investigating the claims made..
I would contact ACAS, or your local Industrial Tribunal (In Glasgow it's in Eagle House, 2nd floor, next to the M8 at St. Vincent St..)
OR any of the trade unions, they will offer advice even if you are not a member..
At the end of the day, the bank do have the right to prevent this type of behavior, but the process MUST be clear and fair to all!!
2007-11-28 16:21:54 · answer #2 · answered by John W 4 · 1⤊ 0⤋
It depends which state where you work. Most states have the right of the company to hire or fire you at will. They don't have to give a reason to let you go. That way you don't have any recourse with a lawyer to try to get your job back. I'd say if you were stupid enough to send and receive porno at work, you deserve to be fired.
2007-11-28 16:09:50 · answer #3 · answered by Julie H 7 · 0⤊ 0⤋
check websites such as www.cipd.co.uk or www.ashridge.co.uk...or any other HR related websites, they should be able to give you some advice or have forums etc.
i think they would need to have evidence in order to dismiss. If no evidence, you might take them to tribunal and they'd be screwed.
2007-11-28 16:12:12 · answer #4 · answered by custard247 3 · 1⤊ 0⤋
No but I would think in a tribunal hearing you could demand it as evidence to prove your point and also to deny you were sending them if you did not
2007-11-28 16:33:11 · answer #5 · answered by Scouse 7 · 1⤊ 0⤋
What "employment rights act"?
What country are you in?
Here in the US *most* states are "Employment at will" and an employer could legally fire you just for suspicion of doing that, even if they were wrong.
Richard
2007-11-28 16:09:51 · answer #6 · answered by rickinnocal 7 · 0⤊ 2⤋
no,it's at the discretion of the company.if your using their equipment for your own personal use then it is a sackable offence.(UK)
2007-11-28 16:19:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I should imagine so, ask your union rep, they would know.
2007-11-28 16:10:05 · answer #8 · answered by L D 5 · 0⤊ 0⤋
Not in the US.
2007-11-28 16:09:41 · answer #9 · answered by wizjp 7 · 0⤊ 0⤋