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RandomJord
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PostPosted: 18:53 - 25 Feb 2013    Post subject: Reply with quote

What phone is it?

Also, you can take a co-worker/union rep in to a disciplinary meeting with you.

What kind of company do you work for? biggy or smalls?
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Last edited by RandomJord on 18:55 - 25 Feb 2013; edited 1 time in total
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brett750
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PostPosted: 18:54 - 25 Feb 2013    Post subject: Reply with quote

I was using an old Sony Ericsson c905 because my galaxy s2 was broken.
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Derivative
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PostPosted: 18:58 - 25 Feb 2013    Post subject: Reply with quote

This seems nonsensical. The onus of proof is surely on the other party.

Many people own multiple phones. Also, there is no need for you to have been making a call, simply fiddling with it.

It's not possible to prove you weren't on the phone, barring video camera inside the vehicle.

Get representation.
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carvell
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PostPosted: 18:59 - 25 Feb 2013    Post subject: Reply with quote

You'll be fine.

Just tell the truth. My opinion would be that the onus is on them to prove you were on the phone (but obviously call logs would help your case).

They can't sack you because someone says they saw you on the phone. If they do, I can't imagine it'd last 5 minutes in an employment tribunal.
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RandomJord
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PostPosted: 19:00 - 25 Feb 2013    Post subject: Reply with quote

Can you even edit those things without deleting the whole lot?

Also, just swear down that you didnt do it, he cant prove you did. take your bill an that to show you didnt make an outgoing call and all that. If you work for a biggish company then maybe they're accredited in some sort of best practice schemes, which means they'll have to follow procedures based on proof rather than accusations.

Saying that if your boss is an arsehole he'll ignore it!
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Polarbear
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PostPosted: 19:02 - 25 Feb 2013    Post subject: Reply with quote

carvell wrote:
You'll be fine.

Just tell the truth. My opinion would be that the onus is on them to prove you were on the phone (but obviously call logs would help your case).

They can't sack you because someone says they saw you on the phone. If they do, I can't imagine it'd last 5 minutes in an employment tribunal.


Why not? In the past people have been hanged because of what someone said they saw.
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Minty
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PostPosted: 19:05 - 25 Feb 2013    Post subject: Reply with quote

Tell them the claim has been made in bad faith as it simply is not true.

Innocent until proven guilty. Go to the disciplinary, take a union rep or friend/relation/colleague who has a head screwed on and if they try and give you a warning of some sort, refuse to sign it/acknowledge it.

Ask them what process they have in place when someone uses the whistle blowing policy in 'bad faith' and tell them you want the accusations investigated as they simply are false and malicious.
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tracks
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PostPosted: 19:11 - 25 Feb 2013    Post subject: Reply with quote

Whoa...make a careful note of everything your manager says and sends you.. He's assuming you are guilty. WRONG. He has to prove your guilt, NOT that you have to prove you're innocent.
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carvell
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PostPosted: 19:11 - 25 Feb 2013    Post subject: Reply with quote

Polarbear wrote:
carvell wrote:
You'll be fine.

Just tell the truth. My opinion would be that the onus is on them to prove you were on the phone (but obviously call logs would help your case).

They can't sack you because someone says they saw you on the phone. If they do, I can't imagine it'd last 5 minutes in an employment tribunal.


Why not? In the past people have been hanged because of what someone said they saw.

There's nothing stopping them physically marching you off the premises and saying the words "you're sacked" to you, but the OP will have lawyers queuing up at the door in order to take the company to court and get a nice slice for themselves.

The only thing you have to weigh up then is if you really want to return to a job where you're not wanted.
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jjdugen
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PostPosted: 19:14 - 25 Feb 2013    Post subject: Reply with quote

Employment Law, doncha just love it....

First, how long have you worked there. Full or part-time.

If less than two years full time (used to be one) then they can, basically, make up anything they want too as the Industrial Tribunal will not hear your case.

If the company can show that it had reasonable grounds to believe you broke the law, or transgressed anything in the employees handbook, then you have to face the real possibility of, at least, a letter of warning.
If they want your ass out of the place, then its been made pretty easy for a boss to give you the elbow.
If the job is good and pays well, eat lots of humble pie, if its a crap job and you haven't been there long, punch the Nazi in the throat and drop the job from your CV.
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brett750
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PostPosted: 19:27 - 25 Feb 2013    Post subject: Reply with quote

Basically, I received a letter on sat telling me to go to a meeting on Thursday 25th and received a phone call today asking where I was as today is the 25th not Thursday. As I thought the meeting was Thursday I didn't have the chance to get union representation but I'm going to ring him tomorrow. I was told that the woman who reported me is high up in our company so even though it's her word against mine they believe her and was issued with a 12 month improvement notice which means anything else happens in 12 month I go straight to a major disciplinary meeting. Ihadpics of my call records showing no calls were made or received but they say you can edit and delete them. The company is a pretty big housing association and I'm a gas fitter so it's a decent job I just feel I'm being hard done by because the woman who says she saw it is above me in the company
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Islander
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PostPosted: 19:30 - 25 Feb 2013    Post subject: Reply with quote

Tracks wrote:
Whoa...make a careful note of everything your manager says and sends you.. He's assuming you are guilty. WRONG. He has to prove your guilt, NOT that you have to prove you're innocent.


In employment law it's not beyond reasonable doubt, it's balance of probabilities.
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brett750
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PostPosted: 19:36 - 25 Feb 2013    Post subject: Reply with quote

Basically if I can somehow get a record of my incoming calls I'm in the clear. Does anyone know how to get this?
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goodlifefarm
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PostPosted: 19:59 - 25 Feb 2013    Post subject: Reply with quote

If the company regards this as a serious matter, they should of suspended you with pay pending an investigation prior to a disciplinary hearing. There should be a written procedure in your company handbook or T&C's regarding this. Either way, they shouldn't enter into a disciplinary proceeding without interviewing you and allowing you to give your side of things. If the procedure isn't followed, you should get it squashed.
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fatpies
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PostPosted: 20:07 - 25 Feb 2013    Post subject: Reply with quote

Look for another job..

If they are willing to do this... then even if you are exonerated they will try to pin something on you to get rid of you. Maybe they don't want to pay redundancy.

Do you know where the bodies are buried ? Use this as leverage...

Remember your loyalty extends to the next pay check only.

brett750 wrote:
I was told that the woman who reported me is high up in our company so even though it's her word against mine they believe her and was issued with a 12 month improvement notice which means anything else happens in 12 month I go straight to a major disciplinary meeting. Ihadpics of my call records showing no calls were made or received but they say you can edit and delete them. The company is a pretty big housing association and I'm a gas fitter so it's a decent job I just feel I'm being hard done by because the woman who says she saw it is above me in the company



If what you've said is completely true, then you've found an office backstabber. Cover yourself any which way you can. Sometimes it blows up in their face completely. But more often than not because karma in this world is broken. Nothing happens and they get to promoted...
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fatpies
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PostPosted: 20:16 - 25 Feb 2013    Post subject: Reply with quote

Has something of a similar vein.

£10 charge takes 40 days.

https://forum.vodafone.co.uk/t5/Pay-monthly-services/Incoming-calls-log-how-to-obtain/td-p/970263


If Vodafone does it then your provider ought to have the records too. As said if this gets ignored then they want to get rid or you've got a chance to have it blow up in the face of the accuser.
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brett750
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PostPosted: 20:28 - 25 Feb 2013    Post subject: Reply with quote

It's not someone from my department that's reported the incident. The company has 37000 houses 2000+ employees so it could be an admin woman a hr woman anyone from every other department, sparky plasterer joiner e.c.t. Im not in a position to quit over it I just need to get hold of my incoming calls list somehow, I don't know if this is possible
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brett750
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PostPosted: 20:32 - 25 Feb 2013    Post subject: Reply with quote

Pies, o2have one of them forms but in the small print it says you can't request incoming calls. No idea why this is so hard to do, it's driving me mad
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Pete.
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PostPosted: 20:47 - 25 Feb 2013    Post subject: Reply with quote

I'm guessing that if you have made a call you are already aware that you made it so if they gave you information about that it would be nothing new to you, but if they gave you information about incoming calls they might be passing on information about a person's activities without that person being aware of it and that could be a data protection issue. There's no way to tell who is holding the handset the other end.
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Shinigami
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PostPosted: 20:59 - 25 Feb 2013    Post subject: Reply with quote

having worked for o2 you can't request a log of incoming calls, only outgoing due to data protection reasons,

Police can request this information but it's hardly relevant in your case.

Basically deny it all
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covent.gardens
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PostPosted: 21:01 - 25 Feb 2013    Post subject: Reply with quote

Pete. wrote:
I'm guessing that if you have made a call you are already aware that you made it so if they gave you information about that it would be nothing new to you, but if they gave you information about incoming calls they might be passing on information about a person's activities without that person being aware of it and that could be a data protection issue. There's no way to tell who is holding the handset the other end.

Even if that's true there's no reason they couldn't supply him a list of when incoming calls were received, without showing the numbers. He doesn't need the third party numbers displayed. He just needs something to say he didn't receive any calls in that time frame. DPA has nothing to do with that request.
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Shinigami
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PostPosted: 21:06 - 25 Feb 2013    Post subject: Reply with quote

I suppose a redacted copy would legally possible, you'd have to get past the phone monkeys to request it though and then see if they're actually willing to do that for you seeing as companys such as o2 will do he bare minimum they can to meet other targets etc
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james1988
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PostPosted: 21:12 - 25 Feb 2013    Post subject: Reply with quote

Go to somebody who deals with mobile phone forensics. There are ways of getting the information off there. It was a line of work a lecturer of mine was involved in.
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fatpies
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PostPosted: 21:14 - 25 Feb 2013    Post subject: Reply with quote

brett750 wrote:
Im not in a position to quit over it I just need to get hold of my incoming calls list somehow, I don't know if this is possible


I'm not saying quit, just be on the lookout for opportunities elsewhere and remember to cover your back at ALL times.

We're told to cover ourselves constantly and NEVER wander out of the gaze of the CCTV (there are 6 CCTV cameras per room but three must avoid at all costs blind spots).
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