Just been demoted in my work place :( Need Advice

Yeah potential "gross misconduct" as stated in there outcome letter...

They have clearly stated on my letters since I have had a computer "mis-use" and had a "potential" outbreak to the company....

In my appeal im obviously stating there is no evidence of mis-use or any outbreak occurance or any evidence of it, but not sure how that would go....

I have spoken to ACAS employment help line, even CAB would patch me to them and they too have advised me employers can demote you and cut your wages in half as a disciplinary action.

Seems quite unfair if say someone works 20 years to get somewhere in a company and it can all be lost by a mistake.

Obviously the bottom line is datas been taken out the store, and thats the way there looking at it but there ignoring the fact managers have asked and put me in that situation in the 1st place., but as pointed out it now seems in order for you not to be sacked at work you need to get a manager to put everything in writing....

Boy seems like theres no point working for anyone!
 
In retrospect you should have refused to do it without official materials but it has to be obvious the managers can't have been oblivious to all these data recoveries being done despite them never making it officially possible.

I'd essentially ask why the managers were not doing their job by allowing and in fact encouraging you to use your own materials for company work.
 
Sounds like a disorganised outfit that would have tons of unlicensed software in use on their machines.

Let them know you're going to make a few phone calls? ;)
 
HighlandeR said:
Yeah potential "gross misconduct" as stated in there outcome letter...

They have clearly stated on my letters since I have had a computer "mis-use" and had a "potential" outbreak to the company....

In my appeal im obviously stating there is no evidence of mis-use or any outbreak occurance or any evidence of it, but not sure how that would go....

I have spoken to ACAS employment help line, even CAB would patch me to them and they too have advised me employers can demote you and cut your wages in half as a disciplinary action, unless there is further discussion to be had.

Seems quite unfair if say someone works 20 years to get somewhere in a company and it can all be lost by a mistake.

Obviously the bottom line is datas been taken out the store, and thats the way there looking at it but there ignoring the fact managers have asked and put me in that situation in the 1st place., but as pointed out it now seems in order for you not to be sacked at work you need to get a manager to put everything in writing....

Boy seems like theres no point working for anyone!
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Potential gross misconduct?

"Gross misconduct has to be clearly defined and then proved. It cannot be retrospectively defined, but any contract can have broad scope by referring to 'any act of a similar nature considered gross misconduct' by the company's management.

Nevertheless, a tribunal could disagree with such an assessment and find in favour of a potential claimant on such grounds. Some examples are clear cut: stealing, violent aggression, criminal prosecution. Others can be tricky if an employer has been less than rigorous in monitoring or illustrating expectations and results. "

The disciplinary should have been on the grounds of potential gross misconduct, the outcome should either be gross misconduct or not. There's not a middle ground following a disciplinary.

I'd appeal anyway but if you've not got anything in writing in terms of managers asking you to do data recovery or using your own equipment it's unlikely you'll get anywhere.
 
The only reason they haven't fired you is because they know they're also in the wrong and don't want this to be at a tribuneral Play hardball, frankly as it stands they're clearly expecting you to quit after having your salary slashed like that.
 
The other guy has stated its my hdd, and since I always had managers asking me to do it I have stated thats the reason why the data was on there in the 1st place... so yeah I have said I done the data recoveries instore, I said we both have.
 
Were you caught or did you admit to taking data off site?

Thats the key fact here that the last couple of posters have been trying to find out.

Using your own equipment should be a warning at worst, if they cant prove you did it then they are disciplining you for something a friend did.
 
Windle said:
Potential gross misconduct?

"Gross misconduct has to be clearly defined and then proved. It cannot be retrospectively defined, but any contract can have broad scope by referring to 'any act of a similar nature considered gross misconduct' by the company's management.

Nevertheless, a tribunal could disagree with such an assessment and find in favour of a potential claimant on such grounds. Some examples are clear cut: stealing, violent aggression, criminal prosecution. Others can be tricky if an employer has been less than rigorous in monitoring or illustrating expectations and results. "

The disciplinary should have been on the grounds of potential gross misconduct, the outcome should either be gross misconduct or not. There's not a middle ground following a disciplinary.

I'd appeal anyway but if you've not got anything in writing in terms of managers asking you to do data recovery or using your own equipment it's unlikely you'll get anywhere.
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Yeah they have said "potential" gross misconduct.

They have said in my final outcome its that they know I was doing it and it "could" have had serious after effects to the store, also "alleged" computer mis-use.

So in my appeal ive highlighted the fact its all here say, with could or alleged or potential..... saying its not yes or no. Goodness knows if it will count but they have no real evidence to say I did anything.

Oddly I have luckerly kept 2 pieces of paper, which is by a manager asking me to do data recoveries instore :) when I was being demoted by my GM I was still running a data recovery for one of the other managers ! so when I went to collect my belongings from the technical center I snagged the 2 bits of paper along with my bag...

Sadly theres no name or managers signature on it... its just a note telling me what to do, but it is in writing and its from our own clinic manager.

I have in my appeal also got all my staff to sign a witness statement saying they see managers instructing me to do it in-store without being provided the correct tools or hdd to do the job, have no idea if that would help but its in my appeal anyhow.

After speaking to Acas employer helpline its quite clear the employer has full power regardless if a manager was in the wrong or other situation/factors took place, it all seems to be the managers can get away with it 100%.
 
Purple shirts LoLs, people that work there know about as much I as could write on a postage stamp.
 
Shadez said:
Were you caught or did you admit to taking data off site?

Thats the key fact here that the last couple of posters have been trying to find out.

Using your own equipment should be a warning at worst, if they cant prove you did it then they are disciplining you for something a friend did.
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I have told them I keep my hdd and take it off site with me, purely that I need to update my tools and software to continue to do my job correctly, and that I only do data recoveries when a manager has authorised me to do so.
I have also highlighted to them I have asked them several times in my previous interviews (one to ones) that managers are not giving me the tools to do my job, I have highlighted that in my appeal letter...

Tricky situation indeed
 
Locky said:
Purple shirts LoLs, people that work there know about as much I as could write on a postage stamp.
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Thats why I advise them to purchase from Ocuk on a daily basis.

I have had some blokes literally wheel in a trolley with 2k worth of parts from Ocuk, and I have to spend a whole day putting it together. I really should advise them to go for the custom built setups, but it sure beats dealing with customers that enjoy spitting on you as there shouting at you :p
 
Am I correct in thinking past incidences don't count as the data is question is only from one PC, the incident when your friend was court. Unless they have proof about past discretions can they do anything about them? Surely it is only this incident, in which you did not take the data offsite.
 
tell them you are like a vending machine, the more coin they put in the more they get out, salery cut in half = half effort

well done purple shirts

i would fight the outcome and see what happens if it doesnt go your way just walk
 
you should not be taking peoples personal data home with you unless you have specifically been given authority to do so, fairly obvious really.

I don't think you meant any malice by it, but if you wanted to you could have loads of data stored at home with details of bank accounts, personal posessions, holidays, just to be going on with.

The purple shirts may well have been caught out by an incident recently.
 
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