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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47381
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My company's has accused me of putting a comment on Twitter,

Customer Question

My company's has accused me of putting a comment on Twitter, which I didn't do. They have told me because it looks like it came from me, and it was posted during the working day i have to prove it wasn't. I have contacted Twitter but they were unhelpful, just advice on settings and security.
I hadn't seen the tweet until it was presented to me by the. HR manager, someone had screenshot the page and sent it to my manager. I don't have anyone from work on my account, so it seems as if someone was for some reason checking my tweets or they have deliberately done this. At the time of the tweet I was working from home, logged onto the company emails, speaking with head office.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and is the employer taking formal disciplinary action against you?
Customer: replied 2 years ago.
I've been with the company just over a year. They are going through an investigation, as the screen shot was sent in by someone in the company. I've been told they won't tell me who that person is.
Customer: replied 2 years ago.
Sorry I don't know if they are going to take action against me, as its undecided yet. I wasn'tmqd aware of this issue until I turned up to another meeting and this was brought up.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues yesterday and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
The main issue you will face in this case is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So the employer does not have to follow any fair procedure, they do not have to prove that you made the comment, they can make a decision based on whatever evidence is available and they could even dismiss if you have provided them with 100% proof that you were innocent. You simply cannot challenge a dismissal in this case due to not having the required length of service to do so.
So there is no way to ensure that you do not face any action over this or that this does not end up in some disciplinary outcome, such as a dismissal. The vest you can do is to cooperate with their investigation and if this goes to a disciplinary – use any available evidence and defend yourself. There is only so much you can do and only that much evidence you can use – obviously use anything that helps your case but remember your position and that the employer does not have to prove you are guilty or consider anything that proves you are innocent.
Of course there is no guarantee it will get that far so I am just preparing you for the worst case option and so you know your rights should it come to that. I hope it won’t but only time will tell.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you ben it's been very good getting your advice. It seems I'm in a difficult situation as although I know I didn't make this comment I am a little stuck on where I can go. it's impossible to prove I didn't do this, it's convenient that this comment appears on my account just days after a meeting was called about four sick days and also after a not so good review meeting. I'm concerned that this isn't just something that's just happened but it's been cultivated.
Expert:  Ben Jones replied 2 years ago.
That may indeed be the case, its not unheard of for an employer to deliberately try and remove someone but unfortunately in this case it would be very easy for them to do. Still, as mentioned, just wait and see what happens, do not assume the worst yet