Squizz

Posted on behalf of a friend, who's a web-designer.

1) Over Xmas he was informed by a colleague that their boss was looking thru my friends PC/Mac/thingy, supposedly to find something to do with work. He was accessing folders that had nothing whatsoever to do with clearly labelled project folders.

2) A week later my friend receives an email from his boss telling him that he's found my friends on-line portfolio and that it contravened both his employment contract and copyright law. This was not the case, as my friend argued...But he decided it was best at the time to take the site down.

(Edited to add - He only mentioned having worked on projects for certain companies, did not claim copyright, etc. Standard portfolio type thing for web-designers. He's not daft!)

3) This boss would rather discuss disciplinary matters via email/text than discuss them with my friend. My friend feels no option but to approach him in person to discuss the problems. If they were raised politely and in a timely fashion things would not come to a head - However...

4) Only my friend and his boss in the office today. Boss stands up and says he's going out for most of the day and he'll be back much later. My friend later finds he's received ANOTHER email asking him to attend a meeting about his future with the company at 6.00pm tonight. My friends working hours are 9am-5.30pm.

5) My friend suspects his boss is driving, and so texts him to say that given the short notice and his working hours, could they re-schedule for earlier or sometime the next day? The reply was "That is not an option.".

6) My friend is assuming he's either going to get a b*ll*cking for no reason, or given the boot.

My friend cannot tolerate working in this environment anymore. It is affecting his work and causing him distress. If he's dissmissed or is forced under the circumstances above to resign would he have a decent case for sueing on grounds of "unfair disssmissal"/"constructive dissmissal" ?

I'm gutted for him, and want to help. I've told him to keep the text messages on his phone, copies of all emails (secured), timeline of events, etc.

Cheers,
Squizz.

[Edited by Squizz - 1/14/2003 12:25:06 PM]

andrewdelvard

The employer does not have the option to demand an employee has a meeting with him out of work hours. If this is a problem it's a problem for the employer to get over/work around/deal with. Not the employee. A confrontational situation need not come out of this and a professional manager wouldn't instigate one.
Your friend needn't feel he has to go to this meeting and infact should complain about the tone of the email to personel.
Good Luck.

Squizz

No Personel Dept.

He reports straight to the Director of a small company.

andrewdelvard

Then tell him to contact ACAS http://www.acas.org.uk/contact_us.html
My sister found them very useful in the past on a matter like this.

Jerome

Maybe I'm missing something, but what exactly could this portfolio have in it that could be a breach of any contract? That's like saying having your CV online is a breach of contract.

I would suggest your friend looks through his contract very carefully. If there is nothing in there that suggests an online portfolio is against the rules, then I would get legal advice.

If he does get dismissed, tell him to get everything in writing on headed paper with the directors signature. If possible, even record any conversation that takes place at the dismissal meeting, at the very least take notes.

Squizz

Guys - Thanks for that.

Agreed, a document giving reasons for (whatever) on headed paper with the directors signature is a VERY good idea.

TopBanana

I think I've worked for that company. Quit ASAP

Clarebabes

If he can't get out of the meeting, make sure he has someone else to attend/witness the meeting. It is a right in law to have someone else present and it's up to your friend to decide who it is.

RussP

I got dragged off to a tribunal by a girl we had to get rid of (always sick/crap attitude/rude/unreliable/failed all sales targets for 6 months etc etc)

As soon as we got there the judge made it obvious i had no chance of winning the case. Employment law is totally in favoiur of the employee despite everything i listed above.

In other words, get your mate in front of a tribunal and he'll win - the employer VERY rarely does.

Rus

John Catlin

Get your friend down to C.A.B. they will give advise

All the best

John Catlin

DRUNKNORGY

However much provocation he gets, don't respond and wait till he's pushed. If he's out of a job, he will get legal aid. Claim for reinstatement (with back pay and continuity of employment), this shows he bears no malice, he doesn't forfeit the option to go for compensation at a later date if he gets another job. He's got them over a barrel

MATTeL

Clarebabes - Only if the meeting is actually a disciplinary matter. Don't pick a friend either, choose a Union rep.

According to the Fairness At Work Act 1999 an employee is permitted to have a trade union representative at a formal disciplinary meeting. It does not matter it the company does not recognise trade unions, they cannot refuse without breaking the law.

Usually the union rep will ask for the employee to become a member, the union would then like to be "introduced" to other employees. If a certain percentage of the company (glossing over some of the finer point of the act) take up membership the union is automatically recognised by the company.

Clarebabes

I take it that talking about his future may be a disciplinary matter as rarely do employers call you in for a meeting for being a good employee

carl

MATTeL -- the union legislation doesn't apply to small companies (under 60 people IIRC) AFAIK.

Squizz

Thankyou to everyone for the helpful advice. He's been able to view this thread and has taken a lot of the information on-board.

However, he's not a union member and I think he might be on his own today, etc. etc...

Even as an IT Contractor, I was still a member of a union just for that bit of legal backup.

I'll post up what happens.

Cheers,
Squizz.

carl

Why be a member of a union if you're an IT contractor?
Your contract of employment will be with your own limited company, of which you should be a director. For a start, seeking union representation when dealing with your client will be a dead cert for getting yourself within IR35 (disguised employment). For a second, a bunch of employees getting together and negotiating pay is called collective bargaining; a bunch of IT contractors (limited companies) doing the same is called a cartel