Emails at work

[Guest]

Chaps,
Bit of a serious post here.

Basically my work are threatening me with formal warnings of emails sent at work. Background is that I am 4 weeks into my 3 month notice period and my company dont take to kindly to people leaving the company (threatening legal action against employees and tribunals).

The content of the emails were "banter" to a colleague about someone's time keeping - they kept on coming in late and then moaning about the trains and then going for a smoke as soon as they got to their desk. I wrote an email saying that they had battled through a Tsunami, alligator, snow, etc. and was so traumatised they needed a smoke.

Another one - commented on someone's habit to devour chococlate in secret at every hour.

Another one - about someones sick leave - 28 days in 150 days.

Really pathetic/tame stuff really - they are saying that I am making derogatory comments on my colleagues - I mean no offence and explained it was banter ( a concept lost on them) - and they can show the people concerned and I can explain it is my sense of humour and no malice intended.
Also, I sent 30 emails in a day to a friend about the Ashes cricket - dont they understand??!?!?
They feel I was spending too much time on personal stuff, although my work has never suffered, I have always made deadlines and improved systems in the 14 months I have worked there.

Well they are going to revert back to me on Monday - I said that all I wanted to do was work my notice and leave. I dont understand why they are wanting to throw this in my face, I cant jeopardise the chances of getting another a job as I have a young family and the missus is pregnant ( in bad health and I cant lay all this on her) so I cant afford not to be working.

Does anyone have any suggestions? I dont know any stats out there on email abuse at work,etc.

Any help / advice greatly received.
Thanks
RB.

 

[davewebbsbrain]

RB

Have you got a contract or terms of employment which states hrs to be worked, company rules etc with conditions listed for misconduct, gross misconduct?

Most decent companies have them, and they list within it what they class for each type of misconduct..

If they class the misuse of email as gross misconduct you could probably get fired without written warning, but if its misconduct they have to give you a written warning for an offence and then a final written warning for another seperate offence.

If you dont have a contract, then as far as I know if there is nothing to state you cant use emails for personal use etc then they cant sack you for it.

Its not lawful to give a bad reference either, so even if you do go, for them to state you were fired breaches rules and regs...

30 emails in a day tho sunshine..you must have RSI...

Hope this helps!!

Webby

 

[Guest]

What about smokers ?

Quote[/b] ]
BBC Smoking
The average smoker spends nearly four years of their working life on fag breaks......do you take time out for a ciggie?
Smokers take four 10-minute smoking breaks a day which works out to 159 hours a year.

And that doesn't include the time it takes to leave the office, take the lift, walk to the smoking area and light up.

Have a contract and all email policy,etc. is included in there - I dont know what construes gross misconduct.

I have no job to go to. Unfortunately my company dont like it when people leave - the last bloke before me left to a rival firm and they threaten him all sorts and went through his emails since he joined and pulled him up on 3 instances.

One being that he was under the influence whilst at work because he had emailed to a friend the day after his birthday that he had a hangover.......this employer is a disgrace. They have a tribunal with a former employee in a couple of weeks and another potential tribunal with someone else!!

 

[davewebbsbrain]

It will state misuse of email as misconduct or gross misconduct..one or the other..

Sounds like a great company, can I come and join!! LOL

 

[canveyshrimper]

If your contract has all company policies fully laid out, then there will be a piece about conduct and disciplinary procedures within that. Now my general understanding of this is that in the first instance of misconduct there is a verbal warning, then written warnings if your conduct/work does not improve. Your scenario may be somwhat different as the company may interpret this as gross misconduct and make it a possible sackable offence, and make grounds for instant dismissal. I cannot understand why a company makes an employee who has resigned work out the full notice period. If you worked in my business and you had any commercial input you would be out with 3 months dosh on the hip the same day.

However i am sure that i saw somewhere that there has been a recent case about an employer reading an employees emails and it was decreed to be an invasion of privacy. This may well be a line worth pursuing.

The only definite advice i can give you is to consult a solicitor, or if your finances are tight then speak to The Citizens Advice Bureau, this is free (though you should put some money in the box) and in my experience the help given is normally.

Have to agree with DWB - 30 emails, I know it was The Ashes but blimey.

Good luck mate.

 

[The Flying Scotsman]

Thats why I use the PM function on here!!

 

[Interpol Shrimper]

I have a friend who is an employment lawyer if you want me to have a word & get some free advice?

If I am sending non-work related emails I always ensure the company disclaimer is on the bottom (e.g. views expressed in this email may not be the opinion of "XYZ" plc blah blah blah) & always use the Private mood option. I have heard of precedents where people have got off email issues by stating that if they have shown it's their own personal point of view, it's harder to prove any instance of misconduct.

 

[The General]

Royal Mail pay me for lounging around half the day on SZ/Battrick/Bet365 and dont mind who i send emails to ...

Must. Get. Proper. Job.

Any offers?

 

[blues_r_best]

Can we swap?

 

[The General]

Quote[/b] (blues_r_best @ Oct. 28 2005,10:46)]Can we swap?

I'm not swapping with you.

Todd ... be ready and waiting at 8.50/8.55am. Just wait outside your house as its easier that way.

 

[blues_r_best]

Boo, why not?

Ok, I'll probably have a stinking hangover too

 

[The General]

Quote[/b] (blues_r_best @ Oct. 28 2005,14:56)]Boo, why not?

Ok, I'll probably have a stinking hangover too

'cos you dont earn enough to warrant the swap.

I'd rather you have a hangover then Shrek being p%&sed on the way home.

 

[blues_r_best]

Quote[/b] (The General @ Oct. 28 2005,15:14)]

Quote[/b] (blues_r_best @ Oct. 28 2005,14:56)]Boo, why not?

Ok, I'll probably have a stinking hangover too

'cos you dont earn enough to warrant the swap.

I'd rather you have a hangover then Shrek being p%&sed on the way home.

How do you know that? Even I don't know how much I earn.

And cheers, I think?

 

[sufcintheprem]

Sounds pretty serious stuff. Let's hope my recent employer don't do something similar although in the circumstances, I think they would find it hard to pin anything on me.

....and if you think that 30 e-mails in a day was a lot, at the time of the ashes, I was sending about 340 e-mails a week and 5% were work related.