Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Can you please explain your situation in some more detail I am not quite sure I understand the issues? Thanks
So there were no formal policies in place which prevented you from doing this? In normal circumstances would you have done something like this in the normal course of your work?
have made an offer for a call, let me know if you want to talk or continue on here please
No thank you I have all I need. Legally you have not really done anything wrong. You are still an employee of the company and regardless of whether you are on holiday or going though redundancy or raising a grievance, your rights remain unchanged.
If what you did was a normal thing in your job and something that is not out of the ordinary, and also if it was not prohibited under any workplace policy or you were specifically told not to do, then it is not wrong. If the employer wanted to ensure you did not do it then they should have made it clear by issuing you specific instructions to request this. Alternatively they should have included this in a specific policy at work.
Had you left their employment and no longer worked for them and then accessed the system then that would have been a different matter. However, this is not the case here so they are overreacting.
I am also minded to think that there may be an ulterior motive behind this, although it is pure speculation. It may be that if you are potentially being made redundant and they have to pay you redundancy, they could be looking at ways of removing you through dismissal for misconduct by saying that what you did was wrong, thus avoiding having to pay you redundancy. As mentioned it is just a thought but monitor this carefully to see how they proceed and if they are trying to concentrate too much on this. I suggest you simply apologise for what you did, say that you did not think it was wrong in any way as you had not been told not to do it and there was no policy to say you could not do it. If they do try and use this as a reason to dismiss then it could potentially end up as an unfair dismissal and I can discuss your rights in these circumstances if needed.
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Whilst you continue being employed by them you should be allowed normal access unless the contract days they can deactivate them if you are serving notice for example. Hope this clarifies?
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