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

@Megifer I think with a throat infection it’s reasonable to plan the meeting for after the fit note expires (although this might be the case and I’ve misunderstood timings) - they don’t tend to be long term.

As I say it depends, op said her fit note has been extended (I think?) so that could be for a week, could be for a month. So I just thought I'd let op (and anyone else who might read this in a similar position) know that its not necessarily correct that investigations can't take place whilst off sick.

I'm only saying this as I used to feel really bad for employees if they tried to delay investigations or disciplinaries believing them being off sick meant we had to wait for them to return (which could be weeks) or if they came into a meeting stating things that weren't quite right 😔

They can request a meeting while an employee is off sick, but the timing should reflect the fact that sickness is involved and the employee should be fit to travel to the workplace.

OP I think it’s in your interests to attend the meeting but take a representative with you to either take notes or record. If you don’t work weekends point this out and add that although you were still sick, you had unavoidable parental duties at the weekend. Also point out that confidentiality has been breached by your colleague sharing the video and the fact that others have been told there is an investigation. Frankly I’d be looking for another job - it sounds like a toxic work environment and it would seem you can’t trust your colleagues.

The meeting can absolutely take place during a period of sick leave, so long as the employee agrees.

If they say they're unfit to attend then they will most likely be referred to OH to determine whether this is the case.

You could request that they provide an independent notetaker? I'm uncomfortable with the recording thing tbh. It's not something we permit in my organisation though I guess we have nothing to hide anyway - but I am quite sure it does happen covertly.

https://www.nationalbullyinghelpline.co.uk/covert-recording.html#:~:text=Is%20it%20legal%20to%20record,specific%20purpose%20of%20the%20recording.

Please take someone with you to take notes. You are entitled to bring anyone you want.

Op isn't entitled to take anyone, op isn't even entitled to take a TU rep or colleague into an investigation meeting tbf but some companies allow it.

<cries>

The OP is entitled to take someone with her. It’s called the right to be accompanied. She’s already stated that the meeting is disciplinary and may lead to dismissal so this right applies.

Have I missed an update? I thought it was an investigation still 😅

@Megifer is right. There is no legal right to be accompanied to a disciplinary investigation meeting, although it is considered good practice to allow it.

If OP's employer decides there is a case to answer, the next stage is a disciplinary meeting. OP does have a legal right to be accompanied to that meeting. However, contrary to a previous post, she is not entitled to take anyone she wants. She can be accompanied by a work colleague, a workplace trade union rep or an official employed by a trade union. If she wants to take someone else, it is up to her employer to decide whether to allow it.

On your own personal phone hopefully- so your own property rather than theirs, which they can recall/cancel at any time as company property if you have been issued with a company phone?

Good luck OP: you are really being treated disgracefully and I sincerely hope you can legally give them a might kick up the rectum to make them think twice about their treatment of people in the future. If it hits them in the wallet, as well as their reputation, even better. 🌹

You should 100% take someone with you (or try to take someone and have it noted on the meeting minutes that it was refused). Particularly as someone has been videoing you without your knowledge or consent. That doesn't give a lot of faith in the 'fairness' of this meeting.
The pressure you may feel in that meeting could mean that

• you can't accurately recall aspects of the meeting
• you feel pressured to respond or sign something immediately without fully evaluating your answer/rights. Where in fact you can take your time and even defer responding until you have had days to consider or a legal representative review any documents you may be requested to sign
• Without someone there you may feel you are unable to be as strong as you should be in this case as you have detailed here

I only have had and heard of bad experiences of these HR meetings @ReadingSoManyThreads . I refeused to go to one in person and did it via zoom, was the best decision I could have made as they tried to get me to sign a document that would have led to me being left in a very bad position & being on zoom took the pressure down so much. Had I been in the room with them I don't know what I would have done.

@ReadingSoManyThreads what was the result?

No idea, I'm not the OP!

I've skimmed a bit but read OPs comments - The company already has information about medical appointments A&E attendance and Drs sick notes etc... and a sensible HR person would see that the event taking place on a Saturday,
A reasonable HR person would find the videoing of a colleague, passing it around the office and managers telling people outside the company you were "under investigation" as concerning from the company's point of view because it puts the company in a bad light.

Their behaviour in spite of this signals a very high-handed attitude by the company, who actually should be more concerned about not following proper procedure than hauling OP over the coals.

I hope you manage to have a zoom call instead of an in person meeting and that you can either record it or have someone with you OP.

The stress they are putting you under is disgraceful.

Wishing you all the very best in a speedy recovery and resolution.

Well had my meeting and it’s now gone further so Iv a disciplinary hearing next week.

What did they say OP? How come it's gone further now?

They believe it’s misconduct and it goes against my stated reason for absence,I shouldn’t be attending my child’s rugby match while off sick, Iv been signed off again by a different doctor, (3rd one now) still due to the throat infection but it’s the side effects of still suffering with,

Time to seek legal advice. Your employer is acting illegally.

Not yet they aren't as far as the investigation is concerned. Investigating and deciding OP may have a case to answer is fine legally (albeit somewhat stupid). However, if they dismiss OP for this, it sounds like she will have a case for unfair dismissal.

Where they are overstepping the mark is in telling everyone that OP is under investigation. That sounds like a breach of GDPR.

Should my meeting be paid or in my working hours? As the hearing is when I’m due back into work, but it’s out of my working hours.

It sounds like they are digging their heels in and going for intimidation tactics. I knew someone who worked in a UK publishing company ( albeit some time ago) and she told me that the policy was to take legal things with staff to the line, even when it was clear that the company was in the wrong, in the hope the staff would find it stressful or worry about references and give up, with the firm sometimes settled right at the last minute. However, this was some time ago.
Please do get some legal advice. You can still join a union who would also advise you. Have someone with you as a representative in any further meetings and record phonecalls.
So sorry you are going through this OP. It's very unfair

If they insist on holding it outside your normal working hours, it should be paid. However, keep records. Even if they pay, it may be deemed unreasonable for them to insist on a meeting outside your normal working hours.

Did they provide a sickness policy that stated anything you were in contravention of?

Did you get an opportunity to ask about the sharing of inappropriate information?

The person conducting the meeting refused to answer any questions, so annoying! I asked them to show me where is the sickness policy does it state I can’t attend my child’s activities, clearly they couldn’t, yes I definitely feel they are pushing me to resign, however I won’t even tho I want to, Iv asked the question about being paid for the meeting if not they could do it during my working hours, we will see what they come back with, acas have advised if they dismiss me if have a case for unfair dismissal.