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Original poster

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:
sunglassesonthetable · 20/09/2023 19:29

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 UAB

Another one with a medical qualification.

LadyLapsang · 20/09/2023 19:30

As well as sick certificates, doctors and other health professionals can issue fit notes which document the effect of your condition so your employer could consider ways to help you return to work, to give two examples shorter hours or working from home. Do you and the doctor still think you are unfit for any work at all?

teacherswife · 20/09/2023 19:33

OP, there is enough case law to ensure that you will NOT be fired and if you are, can take them to tribunal. Don't worry. The hilarious part is that you were performing 'mum duties' which you should ensure to tell them, because you've now entered sex discrimination. I love when companies are this dumb.

Original poster
Mamof2g · 20/09/2023 19:35

@LadyLapsang unfortunately yes, my role is very hands on and physical

OP posts:
Andylippy1 · 20/09/2023 19:35

I haven't read all the replies however I just wondered about GDPR in that you were videoed without your knowledge and consent by another adult. I would advise talking to acas about this and also the police - non emergency.

Jammylou · 20/09/2023 19:37

I think it depends on what you were doing at the Rugby match as if you were jumping up and down and shouting then I do think that is grounds for an investigation. Sorry but just trying to see it from your colleagues and employers point of view.
When staff are on sick leave I don't think it's reasonable to expect them to stay in as going out is good for our wellbeing but as i have said it depends if the outing puts in doubt the reason for your absence. Then they have grounds to investigate.
They should not however be announcing it to any team members all investigations should remain confidential And you could make a complaint about that.

whatwasthatgrandma · 20/09/2023 19:37

Andylippy1 · 20/09/2023 19:35

I haven't read all the replies however I just wondered about GDPR in that you were videoed without your knowledge and consent by another adult. I would advise talking to acas about this and also the police - non emergency.

GDPR does not apply, anyone can video you in public, they don't need to tell you and they don't need your consent. There is nothing to tell the police here.

Boomer84 · 20/09/2023 19:38

Ok being in a caring/physical role is a different matter. And is more understandable, and I apologise if I offended you. People (everyone) gets sick, and need time off. Sounds like a horrible virus and get that mum duties don’t stop when sick. Maybe I’d have stayed in my car if feeling shit, but it’s done now.

ShadyPaws · 20/09/2023 19:43

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

Doesn't apply to everything though does it?

I was in the gym when I was signed off - I was doing physio after spinal surgery. I couldn't go back to work as I wasn't allowed to sit for more than 30 mins

If I have no voice I can't work - that doesn't stop me going out food shopping or getting a coffee but I can't do my job with no voice

Original poster
Mamof2g · 20/09/2023 19:44

@Boomer84 car park was too far away, but it was a lovely warm day and I was clearly wrapped up, my work have messed up telling someone who doesn’t work there that I’m under investigation tho.

OP posts:
Nat6999 · 20/09/2023 19:44

It doesn't say a lot of your manager & HR department for them to have to listen to someone telling tales, it really says they haven't got the balls to manage properly. A good manager would tell whoever showed the video to go & fuck themselves & wouldn't say a word to anyone about what was wrong with you & not say anything about any investigation. Listening to tell tales means they have no authority.

Mmhmmn · 20/09/2023 19:45

Jesus H, isn't there anyone they haven't told?!

Mmhmmn · 20/09/2023 19:46

Agree with Nat6999 - it also shows a total lack of emotional intelligence

YoBeaches · 20/09/2023 19:48

sunglassesonthetable · 20/09/2023 15:03

This is all so typical of the "modern" UK we live in. Everyone expects to be "off sick" all the time on "full pay" but meanwhile other people have to do the work and carry the can.
The HR department have followed the right procedure here and its about time more of them started doing the same in my opinion.

🤣🤣🤣🤣

Here we go !

They haven't thought - if you're signed off by a GP, you're not insured in the workplace. The sick note is a fit note that says you are not fit to work. End of. If you want to go back, you get a new fit note.

There are no grounds for any investigation based in this alone.

The employee filming however is harassing OP, and in sharing the video, plus it being talked about plus the HR reps actions have set the OP up for a potential constructive dismissal case should she feel she can't return to work because they have made her role untenable.

Agree with previous HR persons advice. Ask for the sickness policy and for them to highlight clearly where it states you should
Not parent or leave your home in or outside of working hours while signed off sick, and the grievance policy.

And you can bring someone with you, doesn't have to be a colleague at all it can be anyone even a family member.

Yalta · 20/09/2023 19:52

This is quite normal HR practice- if you are well enough to go to a rugby match and 'mum duties' then 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

Are you saying that when I have been really ill in the past and dropped my children at school so I could go home and get a few hours peace and quiet and not have to supervise them and get some sleep, I should have been going into work infecting everyone else.

Thats why I was ill in the first place. Someone came into work and infected me. For me someone’s little cold becomes a full blown chest infection because some surgeon decided it was all the rage to whip out children’s tonsils in the 1960s because they thought you didn’t need them

leaves2345 · 20/09/2023 19:52

I was once under investigation for something at work (the person who put me under investigation was subsequently sacked for various reasons and the investigation was scrapped after he left as it was then realised I should never have been under investigation in the first place).

The only people who knew I was under investigation were my line manager, the HR person and the Director/owner of the business. No one in my team knew. No other colleagues knew. That's absolutely awful that they've told everyone in your team. I really don'; think they can do that.

SchadenfreudeIstMeinMittelname · 20/09/2023 19:53

Weren't you worried about being infectious?

Original poster
Mamof2g · 20/09/2023 19:55

@SchadenfreudeIstMeinMittelname No not at all, I was actually much better it’s the other symptoms that are not contagious that I was suffering from at the time.

OP posts:
Original poster
Mamof2g · 20/09/2023 19:56

@YoBeaches oh that’s great, I was under the impression that it had to be someone work related.

OP posts:
Mmhmmn · 20/09/2023 19:58

And you can bring someone with you, doesn't have to be a colleague at all it can be anyone even a family member.

I don't know how it works, if the person you can bring is allowed to speak/contribute (?) but either way, I would take the smartest kick-ass person I knew.

leaves2345 · 20/09/2023 19:59

Do you have anything written down to show the GP told you to get fresh air? Or did they just say that verbally.

Wakintoblueskies · 20/09/2023 20:01

There is clearly more to this though as you would not be under investigation

This isn't clear at all!
From meddling colleagues to micromanagers, the OP has been treated appallingly.
OP do you know if the video/gossip was passed around from HR or from the colleague who filmed you?

Ask to see their procedures asap and submit a grievance complaint!

Emotionalsupportviper · 20/09/2023 20:03

Mamof2g · 20/09/2023 12:58

@Sunnydale1999 this is rubbish, I sat the whole time and yes my child did have to go, it’s myself who is ill not him, and I’m signed off work not parental responsibilities, doctors advise was to get out in the fresh air, like Iv said previously, someone carried my chair, I sat for the duration was constantly drinking and using a throat spray, throat infections has lots of symptoms but this was never discussed when I handed my sick note in, infact I only got a call from work to see if I’d be in when my first note ran out so they could sort staffing out. The rugby match was not during work hours and the colleague who videoed myself zoomed right in on me, and has since passed it round at work, I am not in the wrong for this at all,

the colleague who videoed myself zoomed right in on me, and has since passed it round at work, I am not in the wrong for this at all,

IANAL, but I strongly suspect that this may actually be illegal. I have heard of people being warned by the police because neighbours have complained that security cameras have recorded details of the neighbours comings and goings. I'd check on this if I were you.

And sharing this information is appalling, even if you had been malingering, this is definitely out of order. Try posting on Legal - you mat well have a case for unfair or constructive dismissal (depending how the meeting goes), and further action possibly against both employer and colleague,

Can you not think who might have a grudge against you? This is vindictive, Also - get a note from you doctor confirming advice, even if you have to pay for it.

Original poster
Mamof2g · 20/09/2023 20:05

@Wakintoblueskies the two filmed me has shared it around. However manager and senior manager have told somebody that I am under investigation who does not work there.

OP posts:
Rosscameasdoody · 20/09/2023 20:07

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.

What a load of shite !! You can’t stop being a mum when you’re sick and if the OP is following doctors’ advice and has a sick note, they haven’t a leg to stand on. Confidentiality has been breached because other staff members have access to the video - that alone warrants further action.