Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Original poster

Accused of posting on someone's LinkedIn...

958 replies

Bearyhumcrack · 14/05/2021 06:58

I work in a public sector organisation and have been called in by my line manager to say that I have posted something offensive on someone's LinkedIn page and of causing offensive comments on twitter. Confused

I have a LinkedIn account but don't use it much, I do remember following and unfollowing this person a few months ago but no recollection of posting on their page. Is there a way I can check whether I commented without looking at their profile? I know they can see if I have looked at them and I don't want them to make any more allegations about me.

OP posts:
Crazylazydayz · 24/05/2022 09:08

@WhatNoReally

For discipline and grievances employers must follow a fair process that as a minimum
meets ACAS Code of Practice.

The process was unfair, they did not follow best practice timelines, they did not undertake a proper investigation and with inaccurate evidence they made a decision and imposed an unfair written warning.

The appeal is internal and gives the employer the opportunity to correct this.

The ET1 is about not following minimum legal requirement with regard to process, an unfair decision based on poor/no evidence and giving an unfair written warning. The ET1 will trigger mediation and if a sensible HR person is involved they will review and realise what a mess and reach a settlement.

WhatNoReally · 24/05/2022 09:49

@Crazylazydayz I'm an employment lawyer with 16 years' experience.

There are limited claims you can bring in a tribunal.

You cannot lodge an ET1 because of a failure to follow the Acas code in the absence of a claim which the ET has jurisdiction over.

The Acas code is relevant to compensation, so if you have a successful claim for something like unfair dismissal, a failure to follow the code can result in an uplift to the compensation of up to 25%.

Hopefully the OP is getting legal advice, but it's not helpful for people to give advice if it's not their area of expertise.

Crazylazydayz · 24/05/2022 10:35

@WhatNoReally I apologise, I understood it to be a breach of contract if an employer failed to follow their grievance and discipline policies, which had to meet ACAS Code of Practice.

The OP has stated they had legal advice which indicated there was a case to go to ET but to follow internal process first. There was also mention of bullying and lying by a male manager which I thought were suitable to be considered by an ET.

Original poster
Bearyhumcrack · 24/05/2022 17:10

Ive just re-read my paperwork along with @WhatNoReally's comments and realised that we will be applying for early conciliation, not submitting an ET1. I think I'm hoping this will force them to take action due to the 6 week deadline?

I haven't resigned and I don't want to- I do need to understand it all better though and whether I can stay on here etc. My faith in the organisation has pretty much disappeared.

For now I'm going to focus on my grounds for appeal.

I'm very grateful for the advice and support.

OP posts:
Original poster
Bearyhumcrack · 24/05/2022 17:13

Ive just re-read my paperwork along with @WhatNoReally's comments and realised that we will be applying for early conciliation, not submitting an ET1. I think I'm hoping this will force them to take action due to the 6 week deadline?

I haven't resigned and I don't want to- I do need to understand it all better though and whether I can stay on here etc. My faith in the organisation has pretty much disappeared.

For now I'm going to focus on my grounds for appeal.

I'm very grateful for the advice and support.

OP posts:
WhatNoReally · 24/05/2022 17:21

That makes sense. It will be the threat of resignation and a constructive unfair dismissal claim which will trigger the early conciliation.

Good luck with it all OP!

Alpinechalet · 24/05/2022 21:17

Good luck. I know it’s awful but at least it’s moving forward. Hopefully the early conciliation will bring this to a satisfactory conclusion.

PersilPower · 25/05/2022 00:31

Have you explored whether you’ve been impersonated online? You mentioned the baby photo, comments attributed to you, etc. It just sounds like someone might have copied a photo from your Facebook page, maybe set up a twitter account in your name and they’ve taken it at face value. What’s happening to you is truly awful, sending you strength to fight the buggers

Marlouse · 26/05/2022 10:16

I’m sorry, maybe I missed it. Have you ever been showed the comments you supposedly Made?

Grrrpredictivetex · 01/06/2022 15:21

How are you @Bearyhumcrack ? Any update after your meeting?

furmumma · 08/06/2022 12:04

How did you get on @Bearyhumcrack?

furmumma · 08/06/2022 12:04

How did you get on @Bearyhumcrack?

StrictlyAFemaleFemale · 09/06/2022 21:09

Oh no. That wasnt the update I was rooting for.

eurochick · 11/06/2022 07:32

This whole saga is just extraordinary. Hang on in there OP!

eurochick · 11/06/2022 07:32

This whole saga is just extraordinary. Hang on in there OP!

BluebellsareBlue · 11/06/2022 22:33

Hey OP, thinking of you and hoping things have improved. Remember, I have been where you are and came out the other side. Hang on in there

BluebellsareBlue · 11/06/2022 22:34

Hey OP, thinking of you and hoping things have improved. Remember, I have been where you are and came out the other side. Hang on in there

Grrrpredictivetex · 20/06/2022 09:54

@Bearyhumcrack hope you're doing okay and that progress is being made.

Grrrpredictivetex · 20/06/2022 10:26

@Bearyhumcrack hope you're doing okay and that progress is being made.

Original poster
Bearyhumcrack · 20/06/2022 22:31

Hey thank you all for messages. I heard today who my appeal will be heard by. Is that progress? Unsure. Just need to get my medical records to my solicitor and I keep forgetting to chase them.

I've lost track of the ET stuff as I've been v busy with unwell father. Need to get back onto that as well. Seems weirdly surreal and insurmountable all at the same time.

OP posts:
MilkTart · 22/06/2022 00:38

I'm really sorry @Bearyhumcrack . It sounds like you are having a shitter of a time. I can't believe they've allowed this ridiculousness to go on for so long. I hope earwigs crawl up their arseholes. x

Anon1717 · 22/06/2022 01:21

Bearyhumcrack · 24/05/2022 17:13

Ive just re-read my paperwork along with @WhatNoReally's comments and realised that we will be applying for early conciliation, not submitting an ET1. I think I'm hoping this will force them to take action due to the 6 week deadline?

I haven't resigned and I don't want to- I do need to understand it all better though and whether I can stay on here etc. My faith in the organisation has pretty much disappeared.

For now I'm going to focus on my grounds for appeal.

I'm very grateful for the advice and support.

If they've dragged out your internal complaint this long, I'd bet they'll do the same for every step of the ET.

I'm assuming they'll try to have it struck out and doubt they'll go for mediation. Just a feeling.

Early conciliation is generally for peanuts. Don't settle then. You're probably due at least a year of more nonsense.

Oceanus · 22/06/2022 01:41

Wow, this reads like the script for a movie! OP, sending you hugs!

Scepticalwotsits · 22/06/2022 01:42

Hopefully once this is all done you get to take them to the cleaners. Just read through what’s going on and it’s absolutely bonkers.

BackToTheTop · 22/06/2022 07:34

I've been reading this thread from the start and it sounds very familiar.

My dh was being underpaid for holidays for years, his employer owed him 1000s in back pay. We got ACAS involved, the union etc and it did eventually go to court. But, because his employer strung it out for so long, they won on a technicality (due to timescales) and didn't have to pay him a penny. Even the judge said that although he had to rule in the employers favour, he was disgusted with the way they'd handled it and morally they should pay him - they didn't.

So my advice is go for it, go for it aggressively, get a really good employment solicitor and get them to take over, they know the law and can push your employer hard on your behalf. Your union rep seems a bit too passive and is letting it drag on far too long.