Messenger Chat

Nigel DuPree
Member - 146 posts

Didn't know you could save 'chatter' and if just reported sounds like hearsay and hearsay not a lot of good to anyone unless direct statement reported conversation not evidence just interesting gossip ?

Patrick Burns
Member - 11 posts

Anything written and recorded using equipment supplied by your employer i the course of your work can be called as evidence. this includes notes on post it pads, PCs, notebooks diaries etc.

David Price
Member - 80 posts

Patrick, MSN chat is not recorded or kept unless it was printed on to a sheet of paper before the person logged out, other wise it is lost. As for anything written on pads or any other means it is only relevant if it is in relation to the tribunal case.

So are you suggesting that if a comment is written on the Toilet door that the door as suppied by the employer is evidence? & besides most notes and other unwanted comments are normally distroyed, it can only be called if it is available and relevant, and that applies to both the employee and the employer

Angela Ferguson
Member - 12 posts

David, I would disagree, you call call up a history of your conversation on MSN Messenger for previous months unless you actually delete your contacts, these discussions can be recalled. I've done it a few times to remember what we were chatting about previously.

David Sharp - Workplace Law Network
Online advisor - 122 posts

You most certainly can save your chat history in programs like Messenger and Skype, though the default seems to be set not to record. Assuming you change to settings to archive chat threads, as Patrick points out they would most certainly be discoverable in any proceedings.

Kelly Bately
Member - 4 posts

Right so they can use my MSN conversation against me? They surely can't prove I wrote it thought as it is editable. I believe my previous employer has done this, just hoped it wasn't deemed as solid evidence by a tribunal!

David Sharp - Workplace Law Network
Online advisor - 122 posts

I'm not sure what you mean by 'they' and 'using it against you'. If you mean, can your employer refer to the words that you wrote (which I don't think are editable when they are archived in your history), then yes, I'd have thought they would provide credible supporting evidence. When you say 'used against you', well that depends on what you wrote! As a site which offers support for employers only (not employees) we would urge all employers to have a policy setting out how they use and record electronic information. If you've written things you are concerned about (whether they were recorded or not) then that is a matter for your own consideration.

Kelly Bately
Member - 4 posts

David,
Thank you for your replies. My previous employers are taking what I wrote in MSN as breaches of my contract and therefore not paying money I am owed. They did not have a policy let alone stating it would be gross misconduct.
I am quite confused by the whole thing anyway, as I had to work a certain period to get a bonus, I handed in my notice a day after the end date of the period. But they are saying as I broke my contract (through what they have read on MSN, such as theif of drinks, which could be simply human error on my part) and therefore are not paying me the bonue. I can't understand any of what is going on to be honest there seems to be a lot of grey areas. If it states in my contract that I 'will get £xxxx amount one month after this period' (this being the period I completed with no warnings) then I pretty confused on how they are with holding it and going to tribunal.
Hold this made my question a bit clearer. I am not worried about what they have read apart from reading through all my private life (I have requested information they hold upon me under the data protection act but nothing has come through 2months on), I honestly think they thought I liked working there and upon reading it realised that I was actually very unhappy with the conditions and because its a small company they have took it personally.
Thanks again.

James Fairchild
Member - 257 posts

Kelly,

Whether your IT department are good enough to undertake a proper forensic scan, is another matter.

Do appreciate though that this forum is for managers and HR people to advise each other, not for employees to ask for advice. I recommend http://www.armchairadvice.co.uk/forum for your needs.

If they are trying to withold your money though, this is certainly an Unlawful Deduction From Wages - companies like this deserve to be taken to the cleaners!

Kelly Bately
Member - 4 posts

James,

Thanks, I didn't realise this was just for employers! Thanks for getting me the appropriate link and replying !

Patrick Burns
Member - 11 posts

Hi David, I guess you have got the message by now that MSN is recordable, it does save as a text file on your PC. Regarding your comment about writing on toilet doors in your employment, I guess if you are that way inclined you stand the chance of being sacked for wilful damage. have a nice day.