UNAUTHORISED USE OF I.T. SYSTEMS

We have added this recent local Case to our Website to show that Employees do not assume the right to use the Employer's IT Systems for their own use, unless the Employer has given them permission to do so either in Writing or verbal - read on

Misuse of the Internet are becoming a serious problem in the workplace.
Boss uses spy cam to sack worker for chatting to friends online.

An employee who was recently sacked for ignoring customers whilst chatting to friends on MSN Messenger tried to take her employers to an Employment Tribunal for Sexual Discrimination claiming she was sacked for being pregnant.

Get Connected mobile phone chain, who have 42 shops Nationwide banned staff from using MSN Messenger whilst at work.

Despite warnings, Get Connected caught the employee on two separate occasions at the store in Tonypandy, South Wales.

John Harris, National Retail Sales Manager of Get Connected said “I logged onto the webcam facility at approximately 11am. The employee had MSN on her screen at the time and was chatting to three friends whilst customers were in the shop”.

The employee said she was unaware of the MSN ban and had not received warning letters from the company. She claimed she was dismissed for being pregnant and was the victim of Sexual Discrimination because she was not given time off for an antenatal appointment.

But the tribunal ruled in favour of Oasis Communication Services, who own Get Connected.

Tribunal Chair Brynley Lloyd said Ms Walker had not been discriminated against on the grounds of sex or pregnancy.

Peninsula Business Services defended the case for Get Connected.

John Harris says,

“Peninsula took this case over pretty much at the last minute. We had a firm of solicitors handling this for us, but we were unhappy that due to it being a Sexual Discrimination case, and we didn’t follow disciplinary procedures, they wanted us to settle and we felt we should make a stand!
Nick Badman, Senior Business Advisor for Peninsula Business Services, came to see us and got the Peninsula Legal team onto it immediately.

The preparation and representation was first class. On the day Marc Ramsbottom, tribunal advocate for Get Connected, did a fantastic job with his approach and knowledge of Employment Law!

Marc Ramsbottom says,

"Her claim was entirely misconceived”.
“It is nothing to do with sex discrimination related to pregnancy,” he told the Cardiff tribunal.
“You were found out and you were angry.”

John Harris says,

“We admitted that we didn’t follow disciplinary procedures and we have now engaged the services of Peninsula to correct this in future, but we did not sack the employee for being pregnant, we sacked her because she was constantly on MSN when she should be working”.

John Harris says,

“This is a result for the employer! When the chairman was summing up he recognised that Get Connected had a serious HR issue and that procedures weren’t followed but was glad to see that we have now engaged the services of Peninsula to rectify the matter”.

Tribunal Chair Brynley Lloyd said “the employee was the author of her own misfortune”.


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