Reply to: Gross Misconduct

[fool]

Hahaha, I actually have a hierarchy - me, then the manager, then the staff. My management style hasn't been the best; I've been bending over backwards providing a good working environment (flexi-time, generous holiday entitlement, two weeks off over Christmas-New Year, etc), and that has been part of the problem as I'm trying to be a bit more assertive now. As you say, there may have been a good reason, and I agree, if I reveal this, we have trust issues, so I'm not wading in until I've considered my thoughts on this. As others have suggested, it might be innocent, though it's fair to say I'm a bit tired of her attitude, but her work remains more than acceptable.

So, let's just recap.

You've changed the work environment for the worse.
A good performer developed an attitude from this.
You decided to spy on them.
Now you're trying to use what you've found as a justification to fire them.

Does that sound about right?

[vetran]

Interesting...from some of the responses on here....it seems as though client / desktop / device monitoring solutions may not be commonplace in the UK workplace?

I ask this only because I was chatting to a Solution Architect recently, who works for a software company that has quite a few UK financial organisations as clients, all of which (purportedly) use this product. By and large, it is simply a monitoring tool, that reports upon employee activity whilst on the network, such as which apps were active, how long in use, how long on the net, which URL was viewed, emails with attachment and subject line, etc.

Seemed a bit creepy to me, but he maintains that it is seen as desirable from a forensics standpoint, more so than as an 'employee productivity' tool, and that this was now fairly standard in UK workforces.

Judging by the responses here, I would say that this his comments were a bit of a stretch, and indeed such monitoring is not common and / or desirable?

It is perceived as intrusive and I'm pretty sure German work councils would be horrified

[unpresidented]

somebody is always watching....

Interesting...from some of the responses on here....it seems as though client / desktop / device monitoring solutions may not be commonplace in the UK workplace?

I ask this only because I was chatting to a Solution Architect recently, who works for a software company that has quite a few UK financial organisations as clients, all of which (purportedly) use this product. By and large, it is simply a monitoring tool, that reports upon employee activity whilst on the network, such as which apps were active, how long in use, how long on the net, which URL was viewed, emails with attachment and subject line, etc.

Seemed a bit creepy to me, but he maintains that it is seen as desirable from a forensics standpoint, more so than as an 'employee productivity' tool, and that this was now fairly standard in UK workforces.

Judging by the responses here, I would say that this his comments were a bit of a stretch, and indeed such monitoring is not common and / or desirable?

[AtW]

Wilmslooooooooooooooooooooooooooooow!

[unixman]

Hi OP

Forwarding a work email to private seems like a very minor thing to me. Much too small to be gross misconduct. Am I right in thinking that you want to get rid of this person, and are therefore hoping to find some evidence of GM on which to build a case for dismissal ?

These days an a bit of overlap between work and private data often happens. Things aren't as clear cut as they once were. Except in high security environments like defence.

Anyway I would seek advice from other, experienced employers if possible, and forget this email thing, assuming it isn't part of a larger pattern.

[ceebeepps]

you mention her attitude is perceived to be poor, maybe this is better thing to tackle and something to delegate to her manager e.g.

"Tracy now its quiet can we have a little chat over a coffee in my office?"
"Maybe its me but you don't seem as happy as you used to be. Is there anything we can help with? We at Gillsman Ltd try to look after their employees."

this is exactly what I would do.

[MaryPoppins]

Is she single or unhappy with her partner and good looking norks?

He's back!

[MarillionFan]

Yup - completely agree with all points - an overreaction on my part caused by a decay in relations. There are better and more productive ways to resolve, and I'll look at exploring those. Just wanted to thank everyone for their thoughts and advice, and for steering me onto a better path. Cheers!

No worries.

BTW, just so you know, I saw Rachel use two sugar lumps this morning in her coffee & Brian took home one of the pens from the stationary cupboard. They're taking the piss, come down hard!

[meridian]

Sounds to me like she's copying the e-mail to work on at home. A lowly employee doesn't pinch clients, that's what business partners do.

This.

And they wouldn't send an email, they'd copy your client database and all work in progress.

[suityou01]

Yup - completely agree with all points - an overreaction on my part caused by a decay in relations. There are better and more productive ways to resolve, and I'll look at exploring those. Just wanted to thank everyone for their thoughts and advice, and for steering me onto a better path. Cheers!

Up until this post I thought you were a total that should be more gracious. You have a thriving business and are better off than most.

But as I say, you have now posted this so I only think your a and not a total

Now be off with you.

[DimPrawn]

Would suggest that this actually depends on industry and their preception of confidential data.

A contractor working for a big American investment bank got walked off site, the very same morning, when they discovered he had sent code, to work on from home, to his personal mail address.

Contractor. Rights = none.
Employee. Rights = lots.

BIG difference.

[MrMarkyMark]

Honestly, HR wont even entertain logging into a users account and checking their emails even if wrongdoing is happening - its just too much possible hassle.

Would suggest that this actually depends on industry and their preception of confidential data.

A contractor working for a big American investment bank got walked off site, the very same morning, when they discovered he had sent code, to work on from home, to his personal mail address.

[GillsMan]

Yup - completely agree with all points - an overreaction on my part caused by a decay in relations. There are better and more productive ways to resolve, and I'll look at exploring those. Just wanted to thank everyone for their thoughts and advice, and for steering me onto a better path. Cheers!

[psychocandy]

OP - this can only end badly if you pursue.

I've seen this before at large organisations. Even though people are told don't do this with email, don't do that, its just hassle if you look at employees emails. It just goes bad with tribunals etc, why were you looking, invasion of privacy etc rather than what they did wrong becomes the focus.

Yes I know. Its work emails surely the employer "owns" the data but its not the case. Honestly, HR wont even entertain logging into a users account and checking their emails even if wrongdoing is happening - its just too much possible hassle.

At current client, we get email issues. Blocked emails, caught by spam filter, rude words or whatever. We get told if you have to look at an email in cases like these - make damn sure you can justify from a technical point of view, why you absolutely had to check the email content, or big trouble will follow if the user finds out.

[BlasterBates]

Sounds to me like she's copying the e-mail to work on at home. A lowly employee doesn't pinch clients, that's what business partners do.