Rules & disciplinary @ Work

_Jimlad_

_Jimlad_

_Jimlad_

Soldato
Joined
5 Jun 2005
Posts
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Location
Southampton
To cut a long story short, a person was suspended from work and one of the rules about the suspension and investigation is he does not contact anyone from work.

However 2 weeks into his suspension he contacts a few of us and one person mentioned that to management. Work has now filed an added disciplinary charge against him with a recommendation of dismissal for breaking the rules of the disciplinary.

I’m trying to help the best I can, (even though im going through the grill at work myself)
Anyone know anything about this sort of thing? Can an employer enforce these rules?

So he contacted a few people from work on his own personal phone in the evening, to our personal phones?

I would understand if the police/court had enforced these restrictions.
 
if those people where his friends i wouldnt see how they could stop him... yet again if they were his mates then why did they rat on him?
 
it was not a case of ratting, more one persons big mouth and a keen brown nose manger.

the question that im struggling to find out.... can work enforce such rules
 
they cannot enforce rules upon a personal call in his personal time.

the rule will be there to stop people contacting each other in regards to the accused offence/suspension . even if that was done they would have big troubles proving it.

sounds like idiot management trying to play god. our work does similar all the time and they seem to constantly be paying out compensation or paying people off.

get him to ring ACAS tommorow. always helpful
 
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_Jimlad_ said:
it was not a case of ratting, more one persons big mouth and a keen brown nose manger.

the question that im struggling to find out.... can work enforce such rules
Click to expand...

I wouldn't have thought so but they can enforce that you don't discuss the disciplinary.
Where I used to work I had at least 20 family members who worked there and lots of people I saw out of work so it would be a bit unenforceable.
 
they can, under various aspects, enforce it, although it would depend somewhat on the nature of the contact and whether it could impact the discipinary itself.

Best advice would be that your colleague seeks some advice and support from CAB or a union rep if they have one.
 
the msg was something along the line off...

"can't believe they said i accessed a database for personal use"

so it was about why he was suspended, just seems harsh that, now the investigating officer has recommended he be sacked for that, let alone the 1st charge that he accessed a database (i have no idea if he did or not)
 
Wait what? Someone got suspended from work because they 'accessed a database'???????????

Tell your mate to get some advice etc... but tbh... I think this is a wakeup call for all of you - your employer is **** - get your CV out there and find somewhere else.
 
^^ Depends what the database contained, if its confidential information and someone accessed it for personal use that is grounds for disciplinary action and gross misconduct in some industries.

However dismissing him for talking to another employee while suspended won't stand up in court should it come to it unless they have proof that he discussed matters related to the ongoing investigation with them - they'd at the very least need to get that employee to testify to it in court and even that might not be enough. They definitely would leave themselves open to tribunal action if they used that as a (sole) basis for sacking him.
 
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dowie said:
Wait what? Someone got suspended from work because they 'accessed a database'???????????

Tell your mate to get some advice etc... but tbh... I think this is a wakeup call for all of you - your employer is **** - get your CV out there and find somewhere else.
Click to expand...

if he did access it, or someone said he did then i would expect a suspension, its got very sensitive data on it. that's not the issue.

I'm just trying to work out if an employer can enforce that the said suspended employee does not contact people from work. thats the issue at the moment.
 
My view would be the requirement for non access would be reasonable for a certain period, two weeks into a suspension is going a bit beyond reasonable.

If they believed he would attempt to speak to someone who could influence their investigation then they should have acted promptly in securing the information, this would have prevented any potential manipulation.

And I also believe only those relevant to an investigation should be included . Eg there should be no reason he could not speak to people in a different area of the business, the receptionist etc
 
The reason behind it is to stop the person discussing internal details of the ongoing investigation not to stop them socialising with other employees. As is often the case overbearing/uninformed management use it in an over-reaching fashion.
 
he's not part of a union, and its an internal disciplinary. Can't seem to find anything set in stone about it. i was hoping to find something that would help. Does seem harsh that they *may* be able to enforce that.
 
If he does consider getting a solicitor, please tell him to make sure he's got the funds. Last thing he wants is to lose at an employment tribunal and then have a firm banging on his door for unpaid debt.
 
dowie said:
Wait what? Someone got suspended from work because they 'accessed a database'???????????

Tell your mate to get some advice etc... but tbh... I think this is a wakeup call for all of you - your employer is **** - get your CV out there and find somewhere else.
Click to expand...

well, I work in the NHS. access a database here without a good reason and you can be arrested.
 
rofl what a load of BS

Can't contact your mates from work? Yeah, good luck trying to enforce that

How can they honestly expect that from people.

What happens if you work with a family member, are you supposed to blank them? lol
 
MooMoo444 said:
rofl what a load of BS

Can't contact your mates from work? Yeah, good luck trying to enforce that

How can they honestly expect that from people.

What happens if you work with a family member, are you supposed to blank them? lol
Click to expand...

Thats exactly why the OP is asking here. Is it, or is it not actually enforceable, or is it unfair contract terms etc. Just because you think it is BS, and 'rofl' it might be legally binding, in which case, no matter your personal views, they can be sacked for it.

Or if it is BS, and the DO sack him for it, he can tribunal it.
 
They can prevent him talking to coworkers about the specific event that is being investigated as this could prejudice the outcome of the investigation. It is not enforceable if he just talked about non work matters, but that's not the case here.
 
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