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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 9
Experience:  Moderator
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I am being accused of bringing the company into disrepute as

Customer Question

I am being accused of bringing the company into disrepute as during a private unsolicited cold telephone call to my mobile telephone from a company who deals with my employer led to them asking who I worked for and me asking for further discount because of this and the amount of work we put through them. They provided my company with a transcript of the call without my knowledge - and without me knowing it was being recorded. Where do I stand please? They've asked me to attend a disciplinary.
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, how long have you worked for the employer?
Customer: replied 3 years ago.

Since 4th January 2010, three and a half years

Expert:  Jenny replied 3 years ago.
Has your employer said you could be dismissed during the hearing?
Customer: replied 3 years ago.

No, but my line manager has forewarned me. I am alleged to have shouted been aggressive and tried to use the company's name for personal gain. My annoyance is that they are using a personal telephone call - which I did not instigate - against me, and the transcript is in their posession without my knowledge or consent and they are reliant upon it

Expert:  Jenny replied 3 years ago.
Have you received a letter from them regarding the disciplinary? If so does it say you could be dismissed?
Customer: replied 3 years ago.

I have received a letter. They have offered me 2 options. The first to accept the transcript and be disciplined on that, or to not accept and give my employers permission to request a recording of the telephone call. I think that is wrong as it was a personal call to my mobile! Surely they have no rights to my personal life?

Expert:  Jenny replied 3 years ago.
The problem with you not agreeing to the call is that it would be seen as an implication of guilt.

Your employer has the right to take action against you if it considers that you have abused your position within the organisation and tried to benefit from it with a 3rd party.

Whether it is entitled to dismiss you for it will depend on the evidence it has and also on the training you have recevied on the issue. If you have been told that you cannot accept gifts or other benefits then it is clearly a matter which can amount to gross misconduct, if you have not been trained on the matter then it is not reasonable to dismiss and you should be given training on it in the future.

I take the point about your personal life, however your employer has the right to know what you said about the company in the context of the private telephone conversation.

If you have any follow on questions please do ask. If I have answered your question I would be grateful if you would give positive feedback. Thank you and all the best.
Customer: replied 3 years ago.

I think you have missed my point. The company cold called me. I did not slander my employer simply stated I worked there and craftily asked for more discount. Why has my employer the right - or the cold calling company the right to provide - to access to either recordings or transcripts of my personal telephone calls? Why should I accept they are allowed to discipline me on a transcript supplied by a company who basically were unhappy I didn't buy a policy with them?

Expert:  Jenny replied 3 years ago.
Your complaint should be with the company who cold called you. You should report them to, as they have breached data protection laws by contacting your employer.

Your employer however, in receiving this information is within its rights to take action, particularly if you have done something against company policy by asking for the discount.

If your contract is terminated then potentially you could sue the company who has reported you as you would not have suffered a loss if they had not breached the Data Protection Act.

Expert:  Nicola-mod replied 3 years ago.

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