HR investigations

[Mamof2g]

Hello
so I’m currently signed off sick with a throat infection and work have seen me outside of my home taking my son to his rugby match, they have now launched an investigation and could end up in dismissal. A colleague videoed me and has since shared this where I work. Work have also announced to everyone that I’m under investigation. Are they allowed to do this? Many thanks

That doesn't sound right op.

Can you talk to ACAS? Are you in a union?

Also I'd be taking advice on putting in a counter grievance for bullying by colleague.

Yes I’m waiting on a call back from ACAS, the whole team have been told I’m under investigation, and yes I will be raising a grievance against my colleague but I’m just unsure who it is, will that matter? Work told me I should not be leaving the house while off sick with a throat infection, doctors advised getting out and about, the stress this has now put on me is unreal.

thanks for your reply @SquishyGloopyBum

Certainly shouldn't have been announced to everyone. You can see why they think you're shirking but colleague is clearly a bit of a dick, unless there's a back story about you not pulling your weight and others having to pick up the slack.

Being ill and unable to work does not mean that you should be under lock and key and unable to go about other parts of your daily life. A few years ago someone won an unfair dismissal case after his work took issue with him having a drink in a pub while he was off sick (also spotted by a colleague). Amongst other things, he won because an employer cannot dictate how you spend your time when off sick. Sorry this has happened to you, how awful and stressful.

@YesThatsATurdOnTheRug
No this is the first issue Iv had, would t mind but I’m always last to leave. It’s just crazy and no I feel as the trust has been lost and I feel they are ‘out to get me’ I can no longer work there.

@caniaskfor
thank you, I wish being off sick ment no mum duties, how nice would that be for a day. unfortunately I feel they are out to get me now. Also the video has been shared around the staff and they are all aware that I am under HR disciplinary investigation. I’m grateful that a family member is quite high up in the HR department so has been able to advise me questions to ask.

That’s just awful!

what a terrible culture to work in!

i would personally start looking for another job in parallel, even if this ends well something else will happen at some point

This is shocking and not following protocol so you have a good case here. You haven't done anything wrong and they have done several things wrong. Personally I would go into it very clearly with that stance. Get all the advice you can and representation.

Are you saying colleague videod the rugby match and noticed you there or specifically ‘went after you’ to have ‘evidence’ you weren’t, in their eyes, sick?

Did you take your son to the match and come back for him later or stand pitchside , maybe in wind and rain, for the whole match ?

They absolutely cannot dictate to you what happens when you are off sick.

Fingers crossed ACAS comes back with some formal advice, but as a HR professional, your company is way, way out of line here.

You may even have steps to take action against them.

It definitely doesn't sound like a supportive or happy place to work. Your colleague is a definite twat! Your Dr has advised you and you've followed the advice, they haven't a leg to stand on.

You can even go on holiday whilst sick. It’s nothing to do with anyone else.

Hold your head up high and speak to the right people and make sure you have someone in the room with you.

This is quite normal HR practice- if you are well enough to go to a rugby match and 'mum duties' then you are well enough to ho to work is the view. That's why lots of people are caught out by Facebook in this regard.

It's not right that team members have been told though, they should not be telling anyone.

Absolute bullshit.

While I can see what someone might raise an eyebrow if you were seen partying or something, taking your son to a rugby game is not something to get excited about. Unfortunately parenting does not stop when you are sick and it is not the law to stay locked inside when you are not at work. They don't have a leg to stand on unless there are other things that we are not aware of.

'Even if an employee is signed off sick, there may be various activities that they can legitimately undertake during their absence from work. For example, an employee may be genuinely unfit to work but perfectly able to go grocery shopping, go for a walk or run, or visit friends and family. If an employee is seen out while on sick leave, even if you feel like they should be at home resting, this may not, of itself, warrant disciplinary action or dismissal.
In many cases, the illness or injury for which an employee has been signed off sick will not incapacitate them to the extent that they need to be bed-bound or stay at home. Being able to go out, and even socialise, is not necessarily incompatible with someone being unfit for work, especially with work-related stress or any other mental health condition. It may also be the case that certain therapeutic pastimes have been recommended by their GP.
If you suspect an employee of malingering, you must not jump to conclusions or make unfounded accusations. Even if an employee has been seen out while on sick leave, this does not prove they have fabricated or exaggerated their symptoms. Where an employee is on long-term sick leave, you may want to ask them to undergo a medical assessment by an independent health professional who can review their condition objectively. For short periods of absence, you should wait until the employee returns to work to conduct a back-to-work interview. A decision can then be made as to what disciplinary action, if any, should be taken.'

It comes down to reasonability. Dropping a child to a game or even seating quietly seems reasonable even with a throat infection. It might be another matter if you were running up and down shouting at players at top of your voice.

I ran a marathon whilst off sick. The sick leave had nothing to do with my legs or lungs. I couldn’t do my job, I could run a marathon.

If you're in HR, quit now. If you're not, sit down .

This could not be more wrong.

OP, not they can't tell you what you can do while you are off sick, they should not be accepting recordings of you from colleagues, they should not be investigating you at all, and they certainly should not be telling anyone else that they are.

@tanstaafl I stayed the whole game, sat down for the duration constantly drinking and using a throat spray, I was videoed, they zoomed right in on me, not the game x

That is harassment. I would counter complain.

They don’t have a leg to stand on. You can’t simply stop being a parent with all that entails just because you are unwell, and it isn’t a reasonable expectation. The fact that they have let your colleagues know you are under investigation is grossly unprofessional and you should definitely make a complaint.

The only thing I wouldn’t bother with is the complaint against the colleague who reported you. Yes, it’s a shitty thing to have done, but in terms of them having done anything “wrong”, I’d say it’s a grey area. Stick to the concrete issues - the fact that your employer is trying to claim you cannot carry out reasonable parental duties while off sick, and their clear breach of your right to confidentiality.

@ChristopherTalken usually I’m up and down the pitch, but I sat the whole
time, even had someone carry my chair for me, I’m going to put in a grievance against my colleague, but I don’t know who it is, but Work obviously do. I feel I can no longer work there due to trust and how I have been treated.

Exactly. If you dont trust your employees, whats the point of any of it?

Do not let them push you out and absolutely wait for advice from ACAS - but I would also be taking steps to leave under my own steam.

@ChristopherTalken Where's that quote from?