Suspended - Investigation FB comments - Gross Missconduct

[Lydeard27]

I have been with my current employers for nearly nine years, for the past few years morale at the Company has been at an all time low. The situation has got to the stage where we as employees have been in discussion and balloted for industrial action (of which I am a keen advocate). There are many issues ongoing which has cause a big divide between Management and us in the front line.

 

Because I have been at the company a long while and because I have some influence with newer members of staff I believe I am being targeted.

 

I returned from a holiday (On the Monday) to be given a verbal advice the day I got back for a very petty incident (I was wearing an incorrect name badge) I informed the supervisor that this although not common practice had been perfectly acceptable in the past, and said that I do not accept this and refused to sign. (whilst away the rules re name badge wearing had been changed to state "It had to be your own name").

 

On the Thursday I was called into a Managers office along with a union rep (which i thought was to discuss the name badge incident) only to be told that I was to have a Q&A with regards Face Book comments I had made since May30th.

 

I know that we are not allowed to be negative or mention our Companies name, and had my settings and friends only for chat, and friends of friends for photos.

 

I therefore assumed only my friends could see any comments and join any discussion. I also at no time mentioned the Company name but ref to them ambiguously as "School" and "Teachers" ect. I was venting my anger and work situations and the way we are treated.

 

I have now been suspended, was told I would be contacted the next day after investigation, and since then told after the week end and then just to standby.

 

I am at a loss at this, I am totally stressed out by the whole episode and feel it is such a cheap shot at getting rid of somebody and replace thenm with a new person who wont argue for their rights ect.

 

I have read articles about the recent thing of people being sacked over FB comments and have spoke to a lawyer online who said they are aloud to investigate employees. He did say that because my comments never mentioned the Company or Managers names it was ambiguos and therefore not serious BUT I am still very worried I may lose my job, I have a mortgage am 43 and would not know where to start if sacked.

 

I feel that my privacy has been invaded (and my friends), I have since learnt that I can block individuals and have culled my friends list, but this doesn't stop me wondering how this was done.

 

The Company say that because its a social networking site the public can view my comments, interpret them, realise who I work for and therefore bring them into disripute which is ridiculous??

 

Any advice would be helpfull

[R&J]

Reference the name-badge incident if they changed the policy whilst you were away, and you did not know of or sign the new policy, then I would argue you are not bound by it.

 

In regards to the FB comments I would be surprised if this reached the threshold for a dismissal. Keep us update on here as to what happens.

 

There was a recent judgment (I think it might have been CoA, I can't remember) in which it was said that information put on a social networking site is classed as being in the public domain, as a result you would not be able to claim any infringment of your privacy.

[PriorityOne]

Do you work in a school? I work in a school and can tell you that it takes one heck of a lot to lead to a sacking . The procedure is so drawn out and long-winded that it can sometimes take over a year for someone to be "persuaded" to leave! The only exception to this (to my knowledge) is when a potential CRB issue comes to light... and your situation doesn't sound like anything even close to that.

 

I very much doubt that you will lose your job over this. A couple of people in the school where I work were disciplined for F/book comments some time ago but providing you leave them ambiguous, it's hard to prove if it relates to anyone/anything at work or not. As for the privacy aspect, "friends of friends" covers just about anyone.... and.... under "newsfeed" other people's activities often come up if you've commented on them, or if they have commented on yours, so in reality.... nothing is private on F/book at all....

[Lydeard27]

Don't work in a school no, that was just what we said when chatting instead of naming company or Manager.

 

I really did not think I was doing anything wrong because I believed I was only chatting to friends, whats annoying though is it would be what I would say at work to friend or even in the pub to mates.

 

Apparently somebody else at work now suspended (witch-hunt).

 

Its just so frustrating, yes I had a moan about them, the way they have acted over certain issues but you wouldn't know I was talking about them if you wasn't my friend or in on the silly little code

[PriorityOne]

 

I really did not think I was doing anything wrong because I believed I was only chatting to friends, whats annoying though is it would be what I would say at work to friend or even in the pub to mates.

 

Apparently somebody else at work now suspended (witch-hunt).

 

Its just so frustrating, yes I had a moan about them, the way they have acted over certain issues but you wouldn't know I was talking about them if you wasn't my friend or in on the silly little code

 

It might be one of those situations where you get to know who your friends are and... who's more interested in crawling up the ass of the management instead; by dobbing you in, so to speak.

 

F/book is not entirely private.... and anything put on there in writing could put you on dodgy ground. They still have to prove it though.... so until/unless they do, I'd get on with your life as best you can but be very careful who you talk to in future; on or off F/book.

 

[Lydeard27]

It might be one of those situations where you get to know who your friends are and... who's more interested in crawling up the ass of the management instead; by dobbing you in, so to speak.

 

F/book is not entirely private.... and anything put on there in writing could put you on dodgy ground. They still have to prove it though.... so until/unless they do, I'd get on with your life as best you can but be very careful who you talk to in future; on or off F/book.

 

 

 

Will do

[madari]

I have no sympathy with anyone who by their own admission supports industrial action, Quote: `of which I am a keen advocate` referring to industrial action.

 

No company in the UK is going to have an employee ,with the above mentioned belief, on their pay roll.

 

Seems to me that you are your own worst enemy.

 

Good luck any way......

[PriorityOne]

I have no sympathy with anyone who by their own admission supports industrial action, Quote: `of which I am a keen advocate` referring to industrial action.

 

No company in the UK is going to have an employee ,with the above mentioned belief, on their pay roll.

 

Seems to me that you are your own worst enemy.

 

Good luck any way......

 

You seem to be implying that employers can do what they like.... 8-)

[Lydeard27]

I have no sympathy with anyone who by their own admission supports industrial action, Quote: `of which I am a keen advocate` referring to industrial action.

 

No company in the UK is going to have an employee ,with the above mentioned belief, on their pay roll.

 

Seems to me that you are your own worst enemy.

 

Good luck any way......

 

 

I am not asking for Sympathy just advice, and because I support the current ongoing industrial action does not mean I am a communist Boss hating militant, and as you are not aware with what thats over to generalize just shows the mentality of some people today. If it was not for people fighting for their rights we wouldn't have a minimum wage, or even fair wages for all, wouldn't have better pensions, working conditions and lots more. Until you are on the receiving end of some unjustice you probably wont care eh!

[ScarletPimpernel]

I have no sympathy with anyone who by their own admission supports industrial action, Quote: `of which I am a keen advocate` referring to industrial action.

 

No company in the UK is going to have an employee ,with the above mentioned belief, on their pay roll.

 

Seems to me that you are your own worst enemy.

 

Good luck any way......

 

Lydeard27 is perfectly entitled to assert his legal rights with regard to industrial action, and to express support for same.

 

I'll remind you that the purpose of this thread is for others to advise OP, and respond to the points he's raised. It is not for you to post an opinion which is highly judgmental, made in ignorance of the facts, and irrelevant to the matter at hand.

[madari]

You seem to be implying that employers can do what they like.... 8-)

 

Believe you me,employers, they do,`do what they like...`.

 

You only need to read some of the problems raised by workers on this forum on a daily basis,half of which could quite easily be resolved by the use of `simple common sense`, but are they? No!!

 

I speak from personal experiance.

[madari]

I am not asking for Sympathy just advice, and because I support the current ongoing industrial action does not mean I am a communist Boss hating militant, and as you are not aware with what thats over to generalize just shows the mentality of some people today. If it was not for people fighting for their rights we wouldn't have a minimum wage, or even fair wages for all, wouldn't have better pensions, working conditions and lots more. Until you are on the receiving end of some unjustice you probably wont care eh!

 

So Sorry that you feel ofended by my comments, I was merely suggesting that while all this is going on, you keep a very low profile.

 

And as for `the receiving end of some injustice......`At least you are still in employment and know nothing about the injustice that i continue to suffer.

 

Best of luck

Edited July 28, 2010 by madari

[PriorityOne]

Believe you me,employers, they do,`do what they like...`.

 

You only need to read some of the problems raised by workers on this forum on a daily basis,half of which could quite easily be resolved by the use of `simple common sense`, but are they? No!!

 

I speak from personal experiance.

 

Yes, I know some employers do what they like. It's an employer's market and has been for years, so some will try it on and hope to get away with playing dirty. That doesn't make it right... which was my point.

 

As for common sense, that only works when the other party possesses it and uses it .... which in my experience, seems to have been replaced (over the years) by "the power trip" mentality instead, e.g. employees trying to climb up the boss's ass by turning on co-workers, while thinking they're indispensable themselves. No-one is.

[Lydeard27]

Update: I have been given a Hearing next week.

 

Bringing Company into disrepute

Acts of Incitement

failure to follow procedures

Serious breach of trust and confidence

breaches of confidentiality, predudicial to the interests of the company

 

They definately want me out, I got a meeting with the Union Monday, doent look good though.

 

All this from FB comments that didn't even mention the Company or any Managers name

 

They even implying that my friends who responded to them are members of the public!!! what a joke, and a Manager even said he just put my name into the search engine and was able to read all my posts LIES LIES LIES, there is absolutely no way he could have done that at all I have never had my settings to "Everyone", he got in through a mates account I reckon, but how cant any of that be proved!!!

 

Oh well I best put the flat up for sale and look for a job

[R&J]

Is this BA by any chance?

[madari]

Hi,

 

They dont have to prove anything, all that is required for them to dismiss is to form a `reasonable belief`.

 

The leading authority, is the case of `Burchell v British home stores`,[google it & see]which is now referred to in the courts as, the `Burchell test`.

 

Best not put your flat up for sale,what ever you do `DO NOT ACT IN HASTE`

 

best of luck.....remember it is not the end of the world.you are not the first and certainly wont be the last.Chin up ......

[Lydeard27]

Hi,

 

They dont have to prove anything, all that is required for them to dismiss is to form a `reasonable belief`.

 

The leading authority, is the case of `Burchell v British home stores`,[google it & see]which is now referred to in the courts as, the `Burchell test`.

 

Best not put your flat up for sale,what ever you do `DO NOT ACT IN HASTE`

 

best of luck.....remember it is not the end of the world.you are not the first and certainly wont be the last.Chin up ......

 

Thanks for the information and kind words

[Lydeard27]

Is this BA by any chance?

 

 

Not BA no, and can not mention who (see even now I do not mention lol)

 

Will say in transportation though