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

What utter horrors! What did Acas say?

I'm sure it's illegal to film someone without their consent. I might be wrong as I know DWP film people on benefits etc.

The footage should definitely not have been shared to the wider team though.

I hope you feel better.

@LuluBlakey1 my colleague should not No the reason for me being off, they do, I am covered and have done nothing wrong, child needs supervision while at the game,

@LuluBlakey1 I think the fact Iv been signed off by a doctor, ended up in a&e and the walk in, proves I am ill, me sitting down to watch a child rugby match while continuously Fri k and using a throat spray then going home for a sleep as I was exhausted from just sitting down and watching the game just shows I couldn’t to my physical job.

I hope you sort out this mess. If I saw a colleague that was off sick at their child’s sporting club event, I would go and ask them how they were feeling and have a nice chat with them!

You will not be permitted to bring a family member or legal rep. Only a union rep or colleague can attend.

Do you have a colleague you can trust @Mamof2g? I would also be laying it on the line that due to their breach of confidentiality, you cannot access the support of a colleague as they have been unduly influenced.

Do you have legal cover on say your home insurance? Sometimes you can access legal advice FOC that way. Meant to mention that earlier.

People keep throwing out constructive dismissal. That can be hard to prove, and you might need to demonstrate a pattern of unreasonable behaviour on the part of your employer. You'd end up suffering the stress of fighting a case, plus the process can be length, and if you did win, you might not get much of a payout, especially if you had secured another job in the interim.

Have they actually informed you in writing that you are under investigation, and have you been invited to a preliminary meeting to hear your version of events?

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

Do you know this colleague?

It never fails to amaze me when posters make statements like this. No hint of
"I presume, I expect, could be that...."

Tough shit if the colleague was annoyed. He's really overstepped the mark now.

Your colleague may have no idea- that's why they videoed you, you've been off sick a month and they saw you at a rugby match. No one said you have done anything wrong but other staff get fed up with people being off sick - then he/she saw you out watching a rugby match and clearly thought you were malingering.

@letthemalldoone no been formally invited yet, I will be saying I can’t take anyone from work, and will be giving them my reasons, unfortunately it’s already affecting me mentally, luckily a family member is very clued on on things like this and has compiled a list of questions such as ‘can you show me where is the sickness/absence policy it’s says I have to stay at home’ as this is what I was told on the phone by my manager, I will also be taken notes myself too, one to give me time to gather my thoughts and so the emotions doing affect me. Thanks for you support

OP, you're already having to deal with a load of HR bullshit. Fish gotta swim, birds gotta fly, HR gotta bullshit.

You don't have to deal with internet people who think they know your health situation better than you do. Let them rant and save your energy for the bollocks you have no choice about.

And presumably HR will make that very clear to the manager when they are asked to investigate. But the colleague will most likely have felt pissed off by someone who is not well enough to be at work (in a care facility where no doubt there are staffing issues) but is well enough to sit outside for an hour watching a rugby match. As I said, HR will be wasting their time investigating this because OP has been to A and E and the GP and has a Dr's note.
Other staff are rarely sympathetic.

No one said you have done anything wrong but other staff get fed up with people being off sick - then he/she saw you out watching a rugby match and clearly thought you were malingering.

I wonder where his medical degree came from?

@LuluBlakey1 my colleague unfortunately does know as they were all told, again when they shouldn’t have been, said colleague then proceeded to share that video around.

Quite.

@LuluBlakey1 the only staffing issue is myself being off sick, and actually I’d love to not be as ill as I’d have been, sitting outside wrapped up, getting fresh air, as recommended by my gp, as opposed to manual handling and being on my feet for the whole duration of my shift. Yeah your right they definitely have a right to be pissed off,

You were under the correct impression. If you are invited to a disciplinary meeting you can bring a colleague or a union representative. You cannot bring a friend along.

Thanks, have to say it’s been absolutely horrendous. First time ever having an inner ear infection- the dizziness/vertigo is something else. Not fit to drive, certainly can’t work trekking about a hospital. I’m literally only “ok” if I’m dosed up on painkillers, and lying down.

Thank god the grandparents took the kids the last two days!

the only staffing issue is myself being off sick, and actually I’d love to not be as ill as I’d have been, sitting outside wrapped up, getting fresh air, as recommended by my gp, as opposed to manual handling and being on my feet for the whole duration of my shift. Yeah your right they definitely have a right to be pissed off,

Honestly don't worry about it. The colleague who filmed you is totally ill informed and about your condition and totally out of order to be sharing this video.

They can be as pissed off as they like. People get ill.

OP have you seen the video?

@honeyrider I have, they zoomed right in on myself,

OP - you have a fit note, from a medical professional- they cannot dispute your sickness/unfit to work. They cannot dispute the drs opinion as they have not got medical training, and even if they had they did not examine/assess you. Don’t worry re all the an and e etc - plain fact is you were signed off, and the other facts alongside that are no one makes you sit at home during time off sick. Further facts are their complete breach of your personal information being shared with the team and shared info on investigation.
We are always very clear that in any attendance meeting we accept there is/was illness - we just don’t dispute the veracity or otherwise of sickness, and we really don’t need folk to feel they have to identify and convince us how real it is/was.

@Mamof2g if HR or a manager has shared this information with anyone including people who are not employees they are the ones to be in trouble.

You can take a colleague or TU rep but they cannot answer for you. Their role is normally to take notes for you. In this case I would ask to record the meeting because there is no independent colleague. You can also request an independent investigating officer because HR and management have not followed the grievance process nor complied with GDPR.

If your employer has told your colleagues the reason you are off (beyond the fact you are off sick), that is potentially a serious breach of GDPR.

Whilst OP's colleague may not have said anything that was untrue, they should not have shared the video with colleagues other than HR and their manager. If they have been doing so, that gives OP a good reason to raise a grievance.

You sound like you are listening to a lot of work gossip OP .

How do you know everyone at work was told why you are off?
How do you know the colleague has 'shared the video around'?
How have you watched the video?
How do you know work announced to everyone you are under investigation?
Presuming what you say is true about 'I think the fact Iv been signed off by a doctor, ended up in a&e and the walk in, proves I am ill, me sitting down to watch a child rugby match while continuously Fri k and using a throat spray then going home for a sleep as I was exhausted from just sitting down and watching the game just shows I couldn’t to my physical job'- your colleague who videoed is likely to be unaware of most of that. They should not have videoed you but certainly will not have done so with all of that knowledge and I imagine will be in trouble with HR for the videoing.

If you are discussing this issue with work colleagues, you will find yourself in trouble. Be very careful about talking to colleagues and using social media to discuss this with anyone.

@LuluBlakey1 not listening to gossip, just being told what’s going on in work, they have also told someone who is not part of the company that I am under investigation. No where have I said I am speaking with colleagues about this, I’m fully aware that would impact any investigation. Yes I have watched the video as it’s been sent to me, and actually shows my children, who are not on any form of social media, a friend’s children, and the some of the team, if you read my posts you would already know this. What do I have to gain by lying on here about visiting the gp/a&e and being signed off, Iv been signed off sick from work, not everyday parent duties, I think it’s my work place who will find themselves in trouble for 1. Sharing personal information regarding my sick leave.
2 telling people outside of the company that I’m under investigation
3 The way they have gone about this is totally wrong telling me I can not go out while on sick, nowhere in the policy does it state this, yes I have checked.
im very well clued up on this and have had a lot of help and support in compiling my ‘case’