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Original poster

Cousin in tears - thinks may lose job over FB post any tips

92 replies

shushymcshush · 23/07/2020 13:01

Hi grateful for any advice.

My cousin has been employed at workplace for nearly 14 years. Never been in trouble before. She's in tears as the other day, she put on FB that basically Drs & Teachers were getting a payrise, but what about all the other staff in hospitals and schools?

What she meant was that everyone in those organisations has worked so hard, you know all the support staff. A bit of equality would be nice (not taking anything away from the Drs, Nurses, Teachers)

I know it was a stupid post and she's shown me, clearly what she was getting at didn't quite come across that way. For some reason her post was set to public. Someone has snooped on her, seen it and informed management.

She's petrified she's goign to get the sack at the disciplinary. She didn't slag off her employer at all, just made a general statement (her employer is in the health arena).

In your experience wise MNtters, has she got a chance of escaping with a warning or is she likely to be fired? I've asked her to get me copies of social media policy etc.

OP posts:

daisychain01 · 25/07/2020 07:52

@Bargebill19

I’m willing to bet good money that if she defriends work associates she will be labelled a non team player. It’s a hard lesson in not trusting anyone and certainly not being friends with work colleagues. Work is work and private life is private- neither should meet each other for precisely this reason - bitchyness/pettyness/boredom wanting to create trouble for someone else.

For this very reason, I don't "friend" people at work nor do I join work groups on platforms like WhatsApp, ever, no exceptions. Our team tried to set up a group about 2 months ago and it fell flat because nobody including me wanted to get involved, but we are a well functioning team all the same.

Nobody in authority would have a leg to stand on if they try to brand employees of not being a team player for making a personal choice not to get involved in SM at work, especially if they are generally a good hard working employee with exemplary attendance record.

SavoyCabbage · 25/07/2020 08:04

I think it will depend on what she actually write as well as you haven’t said and you say “ clearly what she was getting at didn't quite come across that way.“.

eaglejulesk · 25/07/2020 08:28

I can't see anything wrong with it if she doesn't have her workplace mentioned on FB and I can't see that they would have any grounds to sack her - in fact I can't even see why there is to be a disciplinary hearing. It all sounds ridiculous to me, and they are verging on bullying.

WoWsers16 · 25/07/2020 08:36

I think it's the fact it was done during work time that will be the major issue - and realistically that was not right to do - unless she was on a break?? (Like Ross lol) sorry silly joke.
You want to see their policy on social media- there may be a bit on it during work time and that can be sackable.

It's not the post at all- many have thought that and have said on social media- if that was an issue a lot of people who be having disciplinary meetings.

There may be more to the post than she's telling you- if she's deleted it that won't help as that's proving she thinks it was wrong - however I presume whoever saw it took screenshots.

Di11y · 25/07/2020 09:00

In our place it would be a written warning not immediately sacked as it wasn't criticising work. Could she have posted in a break?

daisychain01 · 25/07/2020 12:18

No way would posting on SM during work hours in itself be a stackable offence.

No company would risk the threat of tribunal for that as an isolated incident by a long serving employee It would always have to be viewed in the specific context of the content of the post, not just the act of posting.

Eliphanbee · 30/07/2020 19:11

I really dont think that what she had put was wrong.. it's a pretty general statement and not about specific employer

Original poster

shushymcshush · 10/08/2020 13:07

Thank you all for your comments. The update is she found out it was going to be gross misconduct so resigned to halt the disciplinary process. She sought some legal advice which advised that on the face of it, a dismissal could be seen as very harsh at a tribunal but in the end she just didn't have it in her for the fight and long drawn out process and didn't want a dismissal following her around on her record.

What a mess and a very harsh lesson to learn. I'm helping her with her job hunt so I'm keeping my fingers crossed for her.

OP posts:

ilovemydogandMrObama · 10/08/2020 13:24

So sorry, and do understand why she would not wish to get involved in a disciplinary process, but seems that the threshold for gross misconduct has not been met.

m0therofdragons · 10/08/2020 13:29

Nurses aren’t getting a pay rise - I hope we’re not sacking all the nurses who’ve spoken out about this on fb as we’ll be sorry staffed. As long as she hasn’t brought her employer into disrepute then it’s fine. They’ll probably just remind her to be cautious re posting

m0therofdragons · 10/08/2020 13:30

Short staffed not sorry staffed!

glitterpasta · 10/08/2020 13:30

Hmm well as someone in public sector who hasn't had a pay rise in 11years, I totally agree with your friend. We've worked damn hard since March as well and that announcement was yet another kick in the teeth. We are allowed to voice our personal opinions.

BrokenBrit · 10/08/2020 13:37

I can’t believe that is gross misconduct. She hasn’t named her employer. The post doesn’t sound offensive at all.
I can understand if staff members are posting content that is racist or discriminatory but this was a simple opinion, and one that had been commonly shared! Are the NHS going to sack all nurses that have been posting and protesting this weekend?

It’s a shame she has resigned, though I don’t blame her as I supported a friend through a disciplinary case and it was very upsetting.
Shocking how work places can have this control over people and what they say and do. I’m astounded.

BrokenBrit · 10/08/2020 13:38

I think I would be speaking with a no win no fee employment lawyer to be honest.
It’s a difficult job market out there at the moment and things could be very difficult for her. It just doesn’t seem fair at all!

Moondust001 · 10/08/2020 15:04

@BrokenBrit

I think I would be speaking with a no win no fee employment lawyer to be honest. It’s a difficult job market out there at the moment and things could be very difficult for her. It just doesn’t seem fair at all!

That would be pointless. She resigned. There is no case to answer. To even stand a chance of a claim, she needed to let it go to the disciplinary - she had a chance that it wouldn't go against her.

It does seem a bit harsh as gross misconduct, but equally we do not have all the facts. It's very sad that this has happened but she needs to move on now. She made the decision. Does she know whether the employer will mention this in a reference? If there is a risk that it will get out to potential employers, she needs to work out some damage limitation.

LolaSmiles · 10/08/2020 15:13

It seems odd that expressing an opinion on the news on social media without being linked to the organisation would be classed as gross misconduct.

I can't help but wonder if you've not been given the full picture OP.

KatherineJaneway · 10/08/2020 15:17

Gross misconduct for a level headed opinion is overkill. Did you actually see what she wrote?

Bananabread8 · 10/08/2020 15:21

Now especially is not a good time to post this type of thing although your cousins point is valid. NHS has a lot of these fb statuses recently I think the ones that I know of resulted in the office but they posted something quite a bit more blunter than what OP has said. Tell your cousin to clear there fb list out and probably deactivate until it has blown over. Bit mean who ever reported them.

Bananabread8 · 10/08/2020 15:23

I didn’t see your update! She should of fought it! It sounds OTT of the company

itsgettingweird · 10/08/2020 15:27

Why did she quit?

Get on a constructive dismissal employer and seek free 30 minute advice.

People are allowed opinions. They aren't allowed to bring their own company into dispute.

But unless she's the PM personal healthcare assistant then she hasn't done this.

As he's the one responsible for public sector pay ultimately.

BrokenBrit · 10/08/2020 15:29

@Moondust001 I’m thinking along the lines of constructive dismissal. Probably pointless but it seems ridiculous to have her life damaged like this over something so innocuous.
The job market is crazy right now. My sister deals with job applications and yesterday took a job down after 260 applications in 24 hours! They usually get about 10 in a week!
I hope your cousin gets something sorted OP.

BruceAndMarley · 10/08/2020 15:32

I can’t see an issue with what she said at all. Some of the stuff my friends put on their Facebook regarding government etc are mental and they’ve not been pulled up on it. I hope she’s ok xx

JudgeJudee · 10/08/2020 15:32

@BrokenBrit

I think I would be speaking with a no win no fee employment lawyer to be honest. It’s a difficult job market out there at the moment and things could be very difficult for her. It just doesn’t seem fair at all!

She resigned, there’s nothing a solicitor can do for her.

She was crazy to resign as the investigation may continue on in her absence. She should have stayed on, then appealed the decision if it was dismissal.

Without exhausting internal processes, she doesn’t appear to have a leg to stand on in terms bringing to a third party.

OP, I have a long career in HR and employment law, have pretty much seen it all. I never give employment advice to friends. I made the mistake a couple of times and have come to the conclusion that people never tell you 100% of the full story.

For a company to pursue a gross misconduct claim against a long-standing employee, they must have been pretty confident.
Or else they’re a very small and inexperienced outfit.

jessycake · 10/08/2020 15:59

She was very unlucky , unfortunately the wrong person saw it , I've seen some more inappropriate stuff on there by NHS workers . I think it deserved at the most a warning . I hope she can get another job x . The best thing going forward is to have a zero workmates policy .

lilylion · 10/08/2020 16:05

@strawberrypip

since when are we not entitled to freedom of speech? if your cousin did not slag off her current employer and their policies then I fail to see what it has to do with then what she posts on her own personal Facebook. if it's as innocent as you say and she has simply questioned why/if others in those fields will get acknowledged for their hard work I cannot see that this is an issue at all.

Freedom of speech isn’t relevant here.

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