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

I suspect they’ve shot themselves in the foot with any disciplinary because they haven’t handled the situation well. However, 5 weeks is an awful long time to have off for a throat infection, it doesn’t matter it was the weekend because sick leave is continuous and you didn’t just take your son to the match you sat and watched. The reality is that when really unwell with an active infection people have to cancel due to being too unwell/ get someone else to
step in so they’re not unreasonable to question you about it since you’re still off sick. It’s the reason for your sickness that seems a bit incompatible with your actions not the sickness per se

It was the perfect activity @BungleandGeorge since doctors had advised getting out.

She could get her kid to his activity , sit and still not infect others.

Has your college not actually got a life! Do they have nothing better to do. You’re going to be looking at everyone with suspicion now.

Oh and an investigation is strictly or rather should be strictly confidential

To me the cherry on the cake is that work have told people outside the company that you are under investigation.

Appalling. They are so in the shit.

This is how it should be

@Dinoswearunderpants a dvt has got nothing to do with OP’s sore throat.
What a strange analogy.
Anyway I hope your df recovers quickly.
But please be aware sore throats can be very serious too.

Yes they were. Experts have explained on the thread, repeatedly, how they are wrong 🙄

It really really isn’t.

I guess you got your medical degree at the University of Life??

Gosh. Imagine tarring an entire professional body with one brush because of your own (probably well earned judging by your ridiculous posts) negative encounters.

and no, I’m not HR.

Dear Lord.

I despair.

Think you’re a better judge of the ops sickness than her doctor?

HR, I expect.

Sorry OP but where I agree that mum duties don't end because you're sick I don't think it sounds like your sickness was reasonable at all. The only time I have ever stayed off sick for an upper airway infection would be if I was literally delerious with fever and unable to drag myself out of bed. In these cases I would class unavoidable mum duties as school runs and keeping young children safe not cheering them on at rugby games. If I was able to drag myself to a rugby game no matter how rough I looked I'd drag myself to work too. It does sound like you're taking the P a bit. Luckily for you, your work have handled it horrendously and I'd imagine you could take them to town for it. If they'd handled it more professionally I think they would have had grounds for disciplinary

This is definitely NOT normal HR practice. Any investigation should be confidential and never disclosed to colleagues, medical/sickness information should never be disclosed, it's special category data, and there's nothing to stop employees leaving the house when I'll even if they're too unwell to come to work, the view very much is that you may be well enough to carry out usual parental/family duties but also not be fit enough to work.

There is no legal requirement for an employee to stay home on sick leave and doctors regularly advise people to get out where they can to aid recovery. In some instances you couldn't legally fire an employee who's jetted off to Spain for a holiday while off work sick if a doctor says a holiday would help their recovery. Probably best not to comment on things you don't understand.

Guys l, please don't "drag yourself to work" with an infection.

You're not going to get a medal for only being off if "you're literally delirious with fever". WTH?

Nobody else wants it!

What scale are we quoting from

sitting at a rugby match = hard at work ?

@Theydontknowthatweknowthattheyknow

I have no idea where you work/have worked, but this is clearly rubbish. You may need to be more careful where you work in the future if you think this is normal/acceptable/legal.

Are you well enough to WFH, if it's even possible?

I'm not suggesting you should have been WFH, it's just that I know some companies do expect it unfortunately in some sicknesses.

OP, get a note from your doctor to confirm you were too ill to work but advised to do as many of your usual activities as possible, submit it to HR. Also, raise a grievance for breach of confidentiality and disclosure of special category medical information against the company and also submit to HR. It'll shit them up and this investigation will go away 💐

😂

I have not read the whole thread. However, my thoughts are:

• Telling everyone you are under investigation is a clear breach of GDPR. You should lodge a formal complaint and be clear that, if it is not resolved to your satisfaction, you may refer them to the ICO.
• The colleague who took the video should not share it with anyone other than HR. Your employer is potentially responsible for their behaviour. Another breach of GDPR and cause for complaint. If your employer is aware that this video is being shared around, your colleague should face disciplinary action.
• They cannot dictate what you are allowed to do whilst you are off sick. You have plenty of evidence that your illness is genuine.
• The fact they have told people you are under investigation may raise questions as to whether the investigation will be fair.
• Check to see if you have legal cover on your home insurance. If you do, you may be able to use that to get advice from a solicitor who specialises in employment law. If you can, I would recommend doing so. If your employer does dismiss you, I suspect you will have a case for unfair dismissal and possibly on several other grounds as well.

Ok op

Firstly forget about raising a grievance with your colleague. They did not say anything that was untrue . They simply reported that an employee who was out sick was out and about. Shitty behaviour absolutely but you have no legitimate grievance with them.

Re your employers they have handled this incredibly poorly. Yes four weeks is a long time to be off with a sore throat but the correct procedure would be to ask that you see the company doctor if they have doubts about your legitimacy. Goring straight to grievance was really strange behaviour on their part. Have you had other sick days off this year?

I would simply attend along with your doctors note and tell them how angry you feel at their level of distrust .