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Original poster

As a line manager can I demand to see someone's Facebook pages?

277 replies

MaryMotherOfCheeses · 21/02/2009 19:31

Because someone who works with me took three days off recently due to "a stomach bug".

I've been told her Facebook pages say she went away for a few days and got pissed with her friends.

Assuming she doesn't own up when I confront her, can I insist on seeing her Facebook pages? If there's no such stuff on there, why would she hide it?

What do you think?

OP posts:
Simplysally · 23/02/2009 13:14

My company offers SSP after the fourth day on receipt of a dr's note or self-cert so then they get paid from day 1. No note, no pay. If someone has suffered a miscarriage or had an op, they provide a Dr's note to cover them for x period of sickness which again is payable from day 1.

We recommend that anyone who suffers a bereavement has themselves signed off by the docs for as long as they need as there is only provision for up to 3 days compassionate leave.

I don't make the rules but I have to help apply them so I'm never going to win a popularity contest here . Never mind, eh.

Original poster
MaryMotherOfCheeses · 23/02/2009 17:45

Minx, I was really sorry to read of your experience, sounds absolutely awful and I'm sorry if my OP struck a raw nerve.

Can I just assure you that the member of staff is in no danger of ever complaining that she "works her arse off" as you said you did. You sound like very different people.

OP posts:
twinsetandpearls · 23/02/2009 18:23

While I dont think you can ask to see her FB pages I do understand how frustrating it is to see staff take the piss.

I teach and I am almost certain that if one of our teachers was caught out like this we would face a discipinary. Teachers in my previous school have been subjevt to disciplinary procedures because of things on facebook or my space. From memory I think there is a clause in your contract about not bringing your school into disrepute.

Janos · 23/02/2009 18:38

Thank you StealthPolarBear

Unfortunately (well, in my opinion) what Xenia says is correct. Sick pay is discretionary and some unscrupulous companies will take full advantage of that - it happened to a friend of mine and put her in the dreadful position of having to work when she was seriously ill.

No-one should be forced into that situation.

duchesse · 24/02/2009 19:55

Xenia- my public-sector "shirker" husband has had fewer than 7 days off sick in the last 17 years. He is by no means unusual in his office. Teachers very rarely take time off unless they are very ill as they still have to prepare for all their classes, to be delivered by almost certainly untrained supplies- this actually takes longer than and more energy than going in ill, so people don't generally take time off unless they cannot stand up.

I do dislike this histrionic assumption that everyone in public service is on the take...

Leo9 · 24/02/2009 20:03

Am so glad we live in a civilised and as rookie said, responsible, society where there are strategies in place to avoid people who are ill, losing homes, livelihoods and the ability to care safely for their children.

Dinosaurs with slightly-to-the-right-of-genghis-khan views like Xenia are hopefully in their last days.....

Of course we do need the ability to stop people from abusing the system but the law is there for that.

I just could never get bitter and knicker-twisted about a small proportion of individuals who might abuse their sickness benefit. Better by far that that happens, than we let society go back to a cruel, victorian 'survival of the fittest'.

smallorange · 24/02/2009 20:03

Ha Ha Ha - I think Xenia's just priceless, don't you? I mean, she can't be serious.....can she?

tumtumtetum · 24/02/2009 20:09

Not read the whole thing...

This is just the same as when people ring in sick and then get spotted on TV at wimbledon or wherever.

Clearly it is taking the piss.

However the OP can't ask to see the facebook pages.

If it were me I would ask the person who had brought it up in the first place to show me the pics etc to check it was true.

Then if it was I'd ask HR how to approach it.

It is exactly the same as being seen out enjoying yourself in person, on TV etc etc and I think most people would expect all hell to break loose if they were caught in other ways, the internet is no different.

MsSparkle · 24/02/2009 20:16

'Most of my collegues would talk about how many sick days they had left and make sure they took 'their full entitlement'.'

This is why i think unless you are genuinly having something like an operation etc, sick pay should just go straight to SSP. I mean allicated sick days/pay? Really? That's just encouraging people to go off sick.

Purhaps if there were less incentive to take a "sick day" for a sniffle, employees would think twice.

Ronaldinhio · 24/02/2009 20:23

I'm amazed by the number of people off work especially given market conditions.
I think you'd have to be very, very ill to warrant a sick day at the moment in my trade.
One of my employees has just self certed for a week with a cold unfortunately it's all over her Facebook about her new bf and all they've been up to.

It's a very difficult situation as we pay 10 sick days per year and we have to accept her certification.
Not great for office morale though

loopylil · 24/02/2009 21:18

id go through her facebook pages if you let her go through your diary or knicker drawer in exchange..... :-)
i never listen to second hand information and as her line manager its just not professional to go on that hearsay info either.
so ask her yourself as you said you intend to
the tip off (if its even true) means she already has an enemy so i wouldn't make it personal which it would be if you bring essentially what is her online private life conversations with her friends into her/yours workplace.
overall the whole facebook Vs work phenomenon is blurred and its still being thrashed out everywhere as your provocative post shows :-)

Judy1234 · 25/02/2009 12:54

The ones who don't will be the ones for the chop presumably. If you are't paid when off sick you still get SSP unless like me you work for yourself but even there if I were long term sick we wouldn't starve as we live in a welfare state so there are no legal reasons or even moral reasons any employer even the NHS or other public sector employers offer a penny of sick pay. Cut it out and I guarantee you will get many more people turning up to work. Those who are too sick to work will stay home and get SSP from day 4.

monkeypinkmonkey · 25/02/2009 13:03

I can understand why you want to see her page but I'm pretty certain that if you did you would be on the wrong side of the employment law. If you have an absence problem with her, surely if you are a public sector you have an HR dept who can help you deal with it.

Alexandarite · 25/02/2009 14:16

I totally understand where you coming from when you say you want to confront her about it, having been a manager myself, it is really hard when you have 1 particular worker who goes off for whatever reason... but you know they are just taking 'extra personal days'

However, unless you catch em red handed with your own eyes - with witness - there is very little you can do about it - even then its still really hard.

The facebook privacy settings (unfortunately cover their lazy butt)

Unless they have their profile set to public viewing.... dunno what the implications of that would be.

If you have a HR department and really feel this employee is taking liberties, then I would refer it to them.

They would have a copy of her contract stating sick leave entitlement and knowledge of legal rights that she and the company have and will know which way is best to deal with the situation.

Also imo the person/people that told you about it are not snitches or grasses, they are normally good employees that are fed up with others taking the p!! making the workplace short-staffed and the job harder.

-------
...Sick pay is not a statutory entitlement; 'the company' reserves the right to refuse further paid sick days without justification'...

(copied from the last line of sick leave entitlement on my last contract)

fishnet · 25/02/2009 14:21

Haven't read anything but the opening question so apologise if this has been answered but there have been employment tribunal decisions on the topic of facebook and similar sites.

Your HR department will be able to help you but basically if there is evidence enough to support a resonable belief that the employee is not really sick then disciplinary action taken is liekly to be fair.

CarrieandBilly · 28/07/2010 17:22

no you can't !! If she didn't have a facebook account then you wouldn't be able to check up on her then and would have had to take her word for it. Facebook is a social network site for people to keep in touch with friends and families, it was never designed for employers to use to check up on their staff. Who's not to say her friends have her facebook password/account details etc. She has no obligation to show you anything that she uses in her personal time, just as you have no right to ask her to do so. If it was a one off that she has claimed a tummy bug, then let it go. If its a regular occurance, then discipline her on the grounds of unsatisfactory sick absence.

ChippingIn · 28/07/2010 17:24

CarrieandBilly

THISIS* 18 MONTHS OLD

Sorry, just trying to stop it being taken for a new thread.

StealthPolarBear · 28/07/2010 17:27

yes, I just saw this, rememberedit and searched back to see what I said Pleased to see I still agree with myself

ChippingIn · 28/07/2010 17:31

LOL

foureleven · 28/07/2010 17:34

Check the history on her PC and look at them there? You're within your rights to do that as its company property.

but no you cant demand to see them .

foureleven · 28/07/2010 17:34

Ha ha ha just read Stealths post... duh foureleven!

BoysAreLikeDogs · 28/07/2010 17:35

bless you 4/11, tis an ANCIENT thread revived for gawd-knows-why

bronze · 28/07/2010 17:36

Though Istill want to know if the cheese ever did manage to prove that her employee was a lying slacker (by non fb means of course)

rockinhippy · 28/07/2010 17:59

agree with HF,

answers no, though I do feel for you, & have been in the same situation & it is fristrating when you know a staff member is blatantly taking the P, whilst others are pulling their weight & no doubt carrying her..............though in that case, she eventually tripped herself up as on 1 of her MANY sickies, this time food poisoning, she unwittingly went shopping in the company owners Brothers shop, who recognised her & got her on cctv.......she was fired

you are on very dodgy ground, nothing you can legally do, .......unless of course she access FB via work & you are lucky enough to see it that way, or another disgruntled staff member shows you the pages........

& as already has been said....whos to say that the gossiper is telling the truth, they might just have it in for her anyway & making it up....instead of taking note of potentially idle gossip,..... ask them to prove it....then you might have something to work on, but no way can you force her to show you..........

otherwise, ignore it, but do refer her to OC or whatever department you have to discuss her frequent absenteeism & ill health,

rockinhippy · 28/07/2010 17:59

OH...doh