What Kap and Leroy say is correct so the person is in the "wrong" but....
if you want to fight it at an emplyment tribunal you will most likely win as they either have no procedure or they have not followed it.
No warning, no comparision with other staff "they are all at it" is actually a, weak, defence.
My advice would be to say that you/they weren't aware of the guidelines as they had not been made clear, it was accepted custom and practice to use the t'internet for personal use, it wasn;t anything nasty or illegal (tattoed willies for example) and that your productivity has been excellent as shown in your recent performance appraisals.
You are more than happy to complie with the new regulations when they are issued and thanks for letting me know about this as my solicitor was very keen to take you to a tribunial but I love working here and don't want to do that.
I would also find out how long she has worked for the company under 12 months and if the disnissing company offers the required notice period in pay as a gesture upon dismissal no tribunal in the land will take the case as the most they would offer at a just under a years service is the motice period for example 4 weeks pay.
There is now way that evidence can not be provided upon dismissal.
However if they do have proof of misuse of the email facility then she is on a non winner.
10 years TGWU shop steward before i moved in to mgmt at Coke so if you get any more info i would be happy to look at it as a lay steward if not try ACAS they will offer advice but it can take time
Comments
if you want to fight it at an emplyment tribunal you will most likely win as they either have no procedure or they have not followed it.
No warning, no comparision with other staff "they are all at it" is actually a, weak, defence.
My advice would be to say that you/they weren't aware of the guidelines as they had not been made clear, it was accepted custom and practice to use the t'internet for personal use, it wasn;t anything nasty or illegal (tattoed willies for example) and that your productivity has been excellent as shown in your recent performance appraisals.
You are more than happy to complie with the new regulations when they are issued and thanks for letting me know about this as my solicitor was very keen to take you to a tribunial but I love working here and don't want to do that.
There is now way that evidence can not be provided upon dismissal.
However if they do have proof of misuse of the email facility then she is on a non winner.
10 years TGWU shop steward before i moved in to mgmt at Coke so if you get any more info i would be happy to look at it as a lay steward if not try ACAS they will offer advice but it can take time