suspension from work, advice needed

[Jess071113]

Hi, it is my 1^st post here and any help is greatly appreciated.

I am currently suspended from work pending investigating as I sent a lot of internal files to my personal e-mail (not shared or forwarded to any 3^rd party) for personal learning which they consider as confidential data loss. The e-mails were sent a couple of days after I handed in my notice for resignation. I was called in a meeting with line manager and HR. They asked me a few questions which I answered honestly. Then they provided me with disciplinary policy and I was suspended immediately. I deleted all the files in my personal inbox straight after the meeting so there should be no data leak. I work in financial service industry and regretted my stupid action if I knew how serious they have taken actions against this!

They have now appointed an independent manager for investigation and will invite me for a disciplinary meeting with HR. I am just waiting for meeting invitation letter which will outline what to be discussed and potential sanction, hopefully will arrive before my annual leave.

I have been with the company for over 4 years and resigned before the suspension. My contractual notice period will be just over 2 months by the time of the meeting. I will provide all the mitigating factors. But I have a few concerns

1. Will this qualify gross misconduct so I will be dismissed before the end of my notice period?
2. My current employer will be approach for a reference. I could potentially lose my new job (in the same industry) due to dismissal from current employer? This will make any future employment difficult in this industry?
3. Is it worth them to sack me now so I go early and leave me with a bad record and difficulty for future employment? My line manager refused to shorten my notice period request just a couple of days ago.
4. What is the best way to present this case in the meeting so I do not get a dismissal and bad reference? Given only the independent manager and HR are involved now (I know neither of them), I will find it difficult.

I guess the happy ending I want is no more actions post investigation, so I work my remaining notice period and leave. Is this likely?
Any advice is very much appreciated!

[teaboy2]

Re: suspension from work, advice needed

To be honest, by sending such data to your personal email, you had in fact committed theft of company data which as you know is very serious. The company will suspect your intentions were to use such data at your new employers (After all why would you need it for training purposes if you were leaving anyway?! will be their view), and all they need in employment law is reasonable belief.

So am afraid its not going to be good for you, worse case is they dismiss you for gross misconduct or best case is they allow your resignation with immediate effect. As for the reference well its up to them if they give you one or not and what they put in it. They may not mention your actions but this is something you will have to discuss with them.

Though ulimately in depends on just how sensitive the Data was. Would it be of use to there competition or your future employer in the sector, did it contain person details or financial records etc! The more sensitive the data the worse this could get for you, they could even bring the police in to this if the data is extremely sensitive. But hopefully for you the data was not sensitive data.

[Jess071113]

Re: suspension from work, advice needed

Thanks Teaboy. Obviously I will prepare for the worst but hope they will also see the mitigating fact that I have been a reliable employee and this has/will not be used against my current employer... What I don't want is a record that will negatively impact any future employment. I seriously regret what I did!

[Jess071113]

Re: suspension from work, advice needed

Sorry to reiterate, do I have other options to negotiate and reach a better resolution?

[Inca]

Re: suspension from work, advice needed

Hi..........are you a member of a Union??
Have you tried ringing ACAS for advice?

[josefk]

Re: suspension from work, advice needed

Sorry to hear of your situation. Firstly you state that you were given a copy of the disciplinary policy after you were suspended following that meeting.

Some questions:

1. were you provided on start of employment with disciplinary procedure, a code of conduct and company policy on I.T?
2. Were you given any notice of the meeting so as to enable you to prepare yourself for the allegations
3. Is the suspension with pay?

just a few to start with.

Also read up on ACAS Code of Practice 1 available as a free download from the ACAS site.

As asked before, are you in a union?

[teaboy2]

Re: suspension from work, advice needed

Just to be clear - Disciplinary Procedures Policy, Code of conduct and Company IT policy DO NOT have to be provided to each employee at start of employment and may merely only be available as a reasonably accessible document or collective agreement (Company Handbook as an example), where the employee has reasonable access to such document or collective agreement within the workplace during there employment. Section 6 of the employment rights act 1996 is clear on this and so are subsections within section 2 through to 4 of the same act where it refers to reasonably accessible documents. So an employer can simply hand over a copy of disciplinary policy when informing you of the allegations and their intend to investigate and initiate disciplinary procedures.

Though i agree, they should have given reasonable notice off the meeting to allow for preparation, and should not have asked any investigatory questions if the purpose of the meeting was to inform you of the allegations and to suspend you whilst an investigation is held.

[josefk]

Re: suspension from work, advice needed

Absolutely spot on above. Change my question to were you informed of the above and how to access it, were you given a company handbook etc. Points remain but in a different manner.

Sorry if it was misleading by myself but whether personally given a copy or informed formally of where to find such information it is hard to stay within a code of conduct (without stating the obvious, you can't set fire to the place etc) when the code of conduct for specifics is not mentioned or made available alongside how not adhering to such conduct is viewed by an employer.

Had you at any other time sent files home? I wouldn't agree on the theft angle and would seriously dispute this as you did not dishonestly obtain property belonging to another with the intention of permanently depriving them of that property, Sect 1 of theft act.

[Jess071113]

Re: suspension from work, advice needed

I am not a member of union. How would they help if I am?

Just spoke to ACAS, it sounds like my company is following the right disciplinary procedure so far. What i'm really concerned is the outcome will be at the discretion of my company, and they are not legally binded to provide any reference to future company (which is equivalent to a bad reference). Just wondering how best I can present my case so I will not be dismissed during my notice period and what I can do now while waiting for invitation of diciplinary meeting?

[teaboy2]

Re: suspension from work, advice needed

It is in my view theft. In fact theft of computer data actually falls under section 1 computer misuse act 1990 where a maximum sentence is a 12 months under summary conviction or not exceeding 2 years under conviction on indictment custodial sentence plus a fine on top of custodial sentence.

Though granted if their computer usage policy has nothing to cover transferring of data to personal devices or data storage or similar, then the employer would have difficulty trying to dismiss the OP.

[Jess071113]

Re: suspension from work, advice needed

Thanks jsefk and teaboy2!

Yes, I was informed the company policies are available from intranet or request from HR when I joined.

I have sent file to my personal inbox once before, but it was a different nature and there are more files sent this time.

I've been told today that invetigation is still on going and potentially will take another 2 weeks, so doesn't look good... They will send me an invitation letter with the finding of investigation and potential outcome. In terms of reference, they will not provide any reference to my future employer until I leave the company (equivalent to a bad reference).

I'm wondering what I can do in the meanwhile to put me in a better position when they consider potential outcome. Should I put all the mitigation factors in writing and send to HR or should I wait?

[teaboy2]

Re: suspension from work, advice needed

Thanks jsefk and teaboy2!

Yes, I was informed the company policies are available from intranet or request from HR when I joined.

I have sent file to my personal inbox once before, but it was a different nature and there are more files sent this time.

I've been told today that invetigation is still on going and potentially will take another 2 weeks, so doesn't look good... They will send me an invitation letter with the finding of investigation and potential outcome. In terms of reference, they will not provide any reference to my future employer until I leave the company (equivalent to a bad reference).

I'm wondering what I can do in the meanwhile to put me in a better position when they consider potential outcome. Should I put all the mitigation factors in writing and send to HR or should I wait?

Is the part i highlighted in red what they have told you recently when you asked them about it? Have you got it in writing also? If you have it in writing?

As for what you can do in the mean time, not a lot am afraid, though you may want to seek support from acas or from your Union if your a member of a union.

[Jess071113]

Re: suspension from work, advice needed

I do not have the reference bit in writing. I asked my line manager and he spoke to HR, then told me this. I do not have direct HR contact while suspended, do I need to get this in writing?

[teaboy2]

Re: suspension from work, advice needed

Its best that you do so yes, as if you have it in writing and they then proceed to give you a unfavorable reference you could make a claim against them. Though they could then make a claim against you also for your recent actions. But thats a whole new ball game that can be won but is not worth going in to any details with you until the time you might need advise on it, should they actually give an unfavorable reference despite saying they wouldn't in writing to you.

[josefk]

Re: suspension from work, advice needed

Teaboy is giving good advice. Though suspended you should still be allowed access to the policies that you are allegedly supposed to have infringed. If there is an open and honest investigation then you should be allowed time to view allegations against you, and supporting information and be able to respond accordingly. I would certainly ask that all policies are available during the investigation meeting you are to have.

As for the meantime read and know inside out the ACAS Code of Practice 1. whatever mitigation you have document it so it can be presented at the beginning of the meeting.

If there is an above board honest reason you were sending the files home then your next employer, who I assume is keen to employ you may be more agreeable to the reasons you did what you did and an open and frank discussion may be needed there.

As for what a union could do it is immaterial now. I'm biaised as I'm a Union steward who reps people on most days and I have seen the impact on people getting into trouble where they could have joined and didn't. A good union steward is worth their weight in gold, a poor one not so much but no representation at all leaves you having to fight your case on your lonesome. Most discip policies allow for a work colleague (hands up who wants to put their head above the parapet) or union rep to attend.

If your move is succesful to your new employer please make sure you get hold of the rulebook, code of conduct or whatever they want to call it and know the boundaries as soon after starting as possible.