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HR investigations

525 replies

Mamof2g · 20/09/2023 09:29

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

OP posts:
Purplecatshopaholic · 20/09/2023 18:33

HakunaMatiłda · 20/09/2023 11:14

Absolute bullshit.

If you are signed off sick, it’s no one else’s business what you are doing - it’s between you and your gp. And this whole thing should be confidential, yes. I’d get out of this workplace op, it sounds toxic

amechange · 20/09/2023 18:39

RunningFromInsanity · 20/09/2023 11:30

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.

what

Maatandosiris · 20/09/2023 18:46

Dropping your son to rugby does not mean you’re fit to work. Try certainly shouldn’t have told anyone outside your immediate line manager,

speak with a union work onwards a compromise arrangement - why would you want to work there,

Nanny0gg · 20/09/2023 18:48

Theydontknowthatweknowthattheyknow · 20/09/2023 18:18

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

Where do you practice medicine?

letthemalldoone · 20/09/2023 18:48

Theydontknowthatweknowthattheyknow · 20/09/2023 18:18

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

Wrong.

I hope you don't manage any staff.

You'd be in good company with a manager who recently informed me that they didn't think people should get sick pay unless terminally ill...🙄Luckily they don't get to decide on that.

Pushkinini · 20/09/2023 18:48

You don't work for a big supermarket where 'every little helps' do you?

If so, they have form for this kind of shit. I used to be a union rep and the amount of times I had to argue on behalf of a my member that being off sick meant they were too I'll to come to work, but didn't mean that they weren't allowed to leave the house.

If a Dr has signed you off, it's because you're not fit for WORK, not that you are too sick to do essential home tasks.

Littlegoth · 20/09/2023 18:53

Theydontknowthatweknowthattheyknow · 20/09/2023 18:18

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

No they don’t, and they still wouldn’t even if they’d handled it professionally.

Nanny0gg · 20/09/2023 18:54

Crazycrazylady · 20/09/2023 18:32

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 .

The colleague shared the video with other colleagues

Mamof2g · 20/09/2023 18:54

@Pushkinini no not them, altho I have worked for them in the past,

OP posts:
Mamof2g · 20/09/2023 18:58

I can’t work from home as I work with the vulnerable, and while I’d have loved to be back at work unfortunately Iv been too ill to be unable to stand up for the period of time required and do my job, however I am able to sit down, which is what I was doing. To be told by the manager i can’t go to a child match while off sick is wrong, I still have to shop, take kids to school and activity’s ect

OP posts:
melissasummerfield · 20/09/2023 19:05

Movinghouseatlast · 20/09/2023 11:13

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.

Total rubbish - senior HR here.

Your Dr has signed you as unfit to work not unfit to go outside!

Rexxxxxx · 20/09/2023 19:08

I’m pretty sure they have breached data protection by sharing information about you internally and externally. They sound an unprofessional work place, toxic and bitchy. Of course you can sit and watch your son in a rugby game, it’s not like you were playing rugby.

SpringViolet · 20/09/2023 19:09

The OP had a fit note stating she was unfit to work from x to x period. She wouldn’t have been allowed back to work before the end date anyway afaik.

OP you can probably narrow down who the person who filmed you was by figuring out who would have known how long you were signed off for and which of them have sons/grandsons who would be have the same age to play in the rugby match?

Littlegoth · 20/09/2023 19:12

@Crazycrazylady she should absolutely raise a grievance. The colleague did do something wrong, the only person the video should have gone to, if the colleague had a genuine concern or complaint, was HR. Instead the colleague has shared it with other staff for the purpose of gossiping about OP, and spreading malicious gossip with the other colleagues suggesting OPs illness isn’t genuine. I other words, to cause a bit of drama. It could be argued that the colleague would be aware that their actions would cause OP discomfort and upset, it’s a form of bullying. It could also be argued that OPs workplace are ‘vicariously liable’ for any emotional harm suffered by the OP as a result of this. It doesn’t matter that the recording took place out of work.

Mamof2g · 20/09/2023 19:12

@SpringViolet I have an idea who it was, but non one the staff other than manager and line manager knew why I was off sick,

OP posts:
UneFoisAuChalet · 20/09/2023 19:13

I feel for you OP. Unless your partner or a family member or good friend can step in, mum duties don’t end because you’re ill. I dragged myself on the school run many a times when I’ve been ill. The only option is to keep your child home but that’s usually leads to a whole lot of mum guilt.

I haven’t read the thread but I’m sure others have said you should have done XYZ it’s not always that simple depending on the child. My youngest expects one of us to go and stay with him when he does his sports and would never want to go with a teammates’ mum or dad. Whilst my eldest would happily go. Sitting at a match, watching is quite different to working, particularly if you work with vulnerable people.

The person videoing clearly thinks they’re clever ‘oh look mamof2g’s on the sick, lemme get proof. It takes a special kind of loser to actually do that and send it to management. I mean, ffs, it’s your personal medical issues. I’m pretty sure many cancer patients have gone to their kids matches. Your colleagues don’t even need to know why your off, it’s your business with HR. I’d be a bitch and refuse to let it go just to prove a point.

Coffeesnob11 · 20/09/2023 19:14

Op firstly I am sorry you have been ill and even sorrier this has caused you more stress and probably delayed your recovery.
Firstly how did your colleague know why you were off sick? My team are really close but unless we tell each other our manager will never say why another person is off sick. You could have been off with anything.
Secondly how did they know if you had to go home and sleep for 5 hours to recover from that outing, that certainly wouldn't mean you are fit for work.
Thirdly despite you being in a public place wtf were they doing filming you at any point. They are not a private investigator.
Fourthly make sure you have the company policy on misuse of company IT/sharing personal things in work time on work equipment etc.
I would also make sure the individual who filmed you are blocked on all social media etc so they can't message you in any way or see anything.
I would be wanting a lost of everywhere this video has been shared and assurances its been deleted by the person and all the contacts. Was your child in the video at all? I know its a public place but I would point out filming a colleagues child is also very inappropriate.
It's probably a no but ask if you can record your meeting with them. If you want to do it sneakily you could find a voice to text app and set it to run whilst you are in there.
Are you a single parent? If so I would include a section on why you have to do everything for your child alone. (If you aren't you are still absolutely allowed to parent your child it's just an extra to put in.
I hope your colleague is the one under investigation and you can find some new colleagues who treat you with respect and compassion

SurreyFlurry92 · 20/09/2023 19:16

Former HR here.

  1. Colleagues should not be informed you are under investigation unless they are being interviewed as part of the investigation, if so they cannot discuss this with others and it must remain confidential.
  2. The employee sharing a video of you should be spoken to by a manager to stop this immediately. I would raise a grievance against them for bullying, due to taking and distributing the video for malicious purposes.
  3. You have been signed off for a set period and antibiotics need to be taken for a throat infection, there is no reason you cannot pop out to run an errand. You have not cited you are bed bound, you have not lied or deceived your employer.

There is nothing for you to be worried about from a disciplinary perspective, however I would be worried about the poor handling of the matter by your employer and maliciousness of your colleague. Is this the right company for you?

Boomer84 · 20/09/2023 19:17

Wow! Just wow!
I work in a very busy small company, with a certain small minority off sick so much. It’s so hard for small businesses to cope when sickness coincides with holiday etc. think about who might be covering your role whilst off sick, sometimes unpaid or under additional stress. I come from a single mother who worked her socks off (pre benefits time) who taught me to work hard. I am also a single mother and am very rarely off sick. IF I saw another colleague off sick at a rugby match I’d be a bit pissed off to be fair.
Guess it all depends on your job role…if it’s customer facing/heavy duty I can understand to a certain extent, if it’s an office role or WFH UABU

pointythings · 20/09/2023 19:21

@Boomer84 you and everyone who has posted similar drivel are the problem in this country. Being trusted and treated decently when you're off sick is the least a decent employer should do. Shame on all of you.

Mmhmmn · 20/09/2023 19:22

It sounds like a toxic workplace so whatever happens with this, I think I’d be looking to join a more civilised employer at some point.

Mamof2g · 20/09/2023 19:25

@Boomer84 I totally understand when people are off sick, the affect that has on other workers, if I could work in an office and sit at a desk I would t have had as long off, I have worked hard all my working life and do so so my children have the best life, the fact my work have shared private information is wrong, the fact that Iv been signed off sick by a doctor after visits to out of hours, a&e and my own gp twice, and the fact I’m booked in again early next week clearly shows how ill been, however this illness does not affect me sitting down, other than needing a 3 hour nap after to just recover, yesterday I took him to training and sat there again, I also had to do a food shop, can’t get deliveries here, again a nap was needed, a throat infection just doesn’t cause a shore throat, there are a long list of symptoms.

OP posts:
Escapetofrance · 20/09/2023 19:25

I’ve had a bad week at work, but your post has put my unpleasant colleagues into perspective. What an appalling thing for someone to do to you and then for HR to tell everyone.
Go with the facts and demand a written apology at the very least. Then find another job!

Mamof2g · 20/09/2023 19:26

@Mmhmmn absolutely, it’s an incredibly’clicky’ place to work, I feel the trust has gone and I can no longer work there. And that’s a shame as I love my job.

OP posts:
Travis1 · 20/09/2023 19:27

You are talking such utter shit it’s unreal. People like you are the problem. So fucking self righteous. Hell mend you if you ever find yourself needing some time off.