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

@Emotionalsupportviper Iv an idea who it was and funny thing is, we got on well, in there video there are children too, who’s parents won’t be happy knowing there child has been filmed.

There’s nothing to tell the police unless the children were shown in the video.

@Rosscameasdoody there are several young children in the video also.

Op this is terrible! And sorry you are getting idiots on this thread saying you are skiving etc. Being sick is no joke and especially as a parent. I hope you emailed your work threatening them back - let us know what they reply!

Do you know any of the parents of the children shown in the video? I’d be telling them so they can take it further, I’d be fuming if my kid was in it!

Fit notes are only advisory. In all my years experience I have never come across employers insurance forbidding an early return, some might require a risk assessment though depending on the reason cited on the fit note.

And employers are not obliged whatsoever to allow a friend or family member as a companion unless it could be considered a reasonable adjustment for e.g. a disability.

@grumpycow1 I do indeed two of my young children are in the video and also another child,

Viruses do not require steroids and antibiotics. It is clear that OP has been ill with something toxic and bacterial. A completely different illness.

That was in response to a pp who mentioned a virus. Sorry, I intended to quote.

@endofthelinefinally thank you, I’d have loved it to be a virus as it will have gone by now, my infection markers in my blood test are still high too

Oh dear. That is possibly a whole other issue.
I used to help run a sports club for kids.
We had a whole photography policy and permission slips for parents and visitors.
It is a safeguarding issue and we took it seriously, following the official guidelines.

I had a strep throat infection years ago. It was six weeks and 3 courses of ABx before I started to feel better. I was so ill, it was horrendous. I remember lying on the floor, shivering and vomiting while my toddler and crawling baby climbed over me.

The peron who filmed you was a c.u.n.t., so was your manager for telling other colleagues!

its not like you are saying you have a broken leg and you were seen playing rugby,i once was off after knee surgery. a workmate saw me on crutches going for pysio and reported me. i was in our local hospital hobbling on crutches ,

What are you diagnosed with? I think a little more context would give some clarity here.

I am currently off sick atm- I have an inner ear infection. Since Monday night I have been seen at the out of hours GP, had a telephone call with my own GP this morning- swiftly followed by a face to face with her. She will also follow up with a phoncall on Monday. Her advice was go straight to A&E for any worsening in symptoms as I would need an ENT Dr further treatment.

There’s no doubt that I’m ill- and yet my manager was funny on the phone about me informing her that I’m sick….. and I work for the NHS- in a hospital 🤦🏼‍♀️

This post illustrates perfectly the problem with HR not understanding that OH doctors gather information from confidential medical records, with the permission and consent of the employee to allow sharing with OC professionals. They then write a report from those records that contain only what is necessary for an employment perspective. Nothing else is included because the employee has a right to privacy regarding anything not pertinent to their actual job.
The HR department does not have consent to see the individual's medical records, only the OC report. But HR frequently seem to not understand that OH has to balance privacy and confidentiality with what is necessary. There is a duty of care.

Sorry OH report. Not OC.

OH professionals. I cannot type for some reason.

@Tryingandfailingagain I feel your pain thankfully I no longer suffer with middle ear infections, I passed that on when I gave birth 🤦🏻‍♀️

I was off sick a couple of months ago for a day. Was seeing someone at the time and he came round with some soup for me and walked me to my car so I could do the nursery run for my wee one as I was still feeling a bit ropey. Got hauled over the coals by my manager when I went back to work as a colleague had spotted me walking with him and I was pretty much told if he’d been at my house all day, ‘that would be an issue’. Still a bit fuming about it now!

Bloody ridiculous OP, I’d put a grievance in if I were you.

I work in HR and we do investigations all the time. This particular one seems like a total waste of time to me. It probably won't come to anything.

Britain is full of people who take time off sick when they don't need to be off sick, or a long time off when they ate well enough to go back after a few days. From everything we read - it's jobs like social care jobs, prison warders, nursing and teaching that are most affected. That's why your colleague was annoyed and filmed you sitting watching a rugby match outside. However, if you have a Dr's note and have bern to A and E and the GP, work are wasting their time investigating.
Expect to be on attendance monitoring for 6 months when you return.

It is perfectly ok and legal to continue with Mum duties whilst off sick. Work cannot dictate how you spend that time.

Raise a counter grievance against the employee who filmed you, and take some advice from ACAS or an employment solicitor around breach of confidentiality and GDPR guidelines (both in terms of being videoed and the office all being aware you are under in).

Take someone into all HR meetings with you - do not attend them alone - plus any evidence you have from the GP: prescriptions etc.

There are a number of solicitors on line who state the following:

1. Privacy and data protection

In the UK it isn’t illegal to film someone in a public place without their consent unless the video is recorded for nefarious purposes. There is no expectation of privacy in a park or the street, for example.

Article 8 of the European Convention on Human Rights confers on everyone a right to respect for their private and family life. This right can potentially help a person protect their image rights if they can demonstrate that their right was breached (eg if a video was taken in a private setting where they had an expectation of privacy).
Places such as shopping centres, restaurants, or museums may appear public but are, in fact, private. In these situations, it’s best to get all parties you record to sign a Model release form to avoid facing any charges.

Moreover, material (such as videos or photos) featuring identifiable individuals is considered personal data, which is protected in the UK under the country’s data protection regime. This data protection regime gives certain rights to individuals whose data is being collected. It also imposes legal obligations on those who collect them (eg your business).
For more information, read Model release letters and Image rights.

You could be as pissed as you like. Still none of your business.

Why?