Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for? Has anyone complained about these texts?
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. The company has to be quite careful about disciplining you here for this. It was a personal conversation which was only visible between you and your colleague. You both voluntarily engaged in it, no one has seen it apart from you (until the phone was seized but it was not actually distributed before that), no one has been offended and no one has complained. The company’s reputation has not been affected because clients or suppliers have not been made aware of this and even though this may go against company standards, they must still respect your privacy and freedom of speech.
Whilst there is nothing stopping them from disciplining you, they must ensure the reasons for doing so are fair and that a fair procedure was followed. Whilst the procedure may be fair, it is the reasons for disciplinary that would be tricky to justify and what you may challenge potential disciplinary action on.
You may challenge it either by raising a grievance first, or by appealing any decision already taken.
Hope this clarifies your position?
You are welcome
yes there is no distinction between the two. Hope this clarifies?