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

Honestly OP, the whole situ may be stressful but I wouldn't even worry about it too much. Your employers have no legs to stand on and they're basically digging their own grave. The whole thing is utterly ridiculous!

Surely refusing to answer any questions is pretty unreasonable...

Perhaps follow up with your questions / requesting the things that have been recommended in writing so that they have to refuse to respond in writing also?

Even if they won't respond - they have to provide you with policies & guidelines as requested surely??

Definitely don’t resign, they’re being ridiculous.

By the way, I agree with others - whatever you do, don't let them push you into resigning.

Yes, don't resign. Acas are correct, if they fire you, you will have a good case for wrongful dismissal.

Have you lodged a grievance or even raised the issue about breach of GDPR? These need to be done separately to the discipline process.

You shouldn't be asking where the policy says you can't attend a child's activities, as obviously no business policy will say that; you should ask where in the policy it is stated that people off sick have to stay home all the time.

Have you got something from your GP confirming that you were advised to go out and get some fresh air?

Have you put in your formal grievance about the GDPR issue, and have you had a response?

I have raided a grievance about the Gdpr and they do not feel there has been a breech of gdpr, of any safeguarding issues

Then let them know you will be reporting the suspected breach of GDPR to the ICO to get their view on it.

They may not feel there has been a breach of GDPR but their clearly has. Report to the ICO. It won't result in anything more than a slap on the wrist and may not even produce that. However, note that you can take action against them for the breach and claim compensation both for material damage (e.g. any money you have lost as a result of the breach) and non-material damage (e.g. any distress you have suffered).

@prh47bridge I’ll do that now, thanks for your help.

Honestly OP your employer is acting in a totally shocking manner...although you and all of us already know that!. Can you try and join the union now?.... although I understand it could be too late. Make sure you take someone with you into your meeting.

If she really can’t stand to continue working there she could resign and bring a case for constructive dismissal. ACAS can advise on this too.

OP, sorry to hear they are being such misguided shitbags. Take comfort in the fact that the law is on your side here.

Keep discussions up with ACAS. Document everything. Everrrrything. All in writing, and keep a file. Make sure they send you a write up of your meeting with them so you have it in writing what was discussed.

I am legit so cross on your behalf.

Cases for constructive dismissal are hard to win. If OP resigns without waiting for the disciplinary process to conclude, she will lose the ability to claim unfair dismissal and is unlikely to win a constructive dismissal case.

Have you done a SAR as well? You may find out some interesting emails or other things?

I think that what they are hoping is you do resign because if you are fired it will cost them money whether through court cases or to pay you off to shut you up

If you are allowed to stay then you are going to cost some people their jobs and the company even more money because you will be raising a complaint regarding the person who took the video and passed it around and the person who told people outside the company that you were under investigation.

HR know this and have indicated that a resignation would be the only thing that would get then off the hook

Check your house insurance policy as some have legal cover included which includes employment matters. We have used our house insurance free legal cover to do something similar

Agree about doing an Sar. Dh’s uncovered some bizarre stuff.

What is the GDPR breach?

I’m confused what you think the clear breach is?

Guessing it could be this:

A colleague videoed me and has since shared this where I work. Work have also announced to everyone that I’m under investigation.

Telling everyone that OP is under investigation. That is clearly sharing personal data. OP has not consented to this, it is not necessary for their contract with OP, there is no legal obligation to share this information, it is not protecting anyone's life and nor is it necessary in the public interest or for any official functions OP's employer undertakes. The only remaining justification is legitimate interests, but I cannot see how sharing this information with OP's colleagues is necessary for her employer's legitimate interests, and certainly not to the point where it overrides OP's rights. That means there was no lawful basis for sharing this information, so it is a breach of GDPR.

To make matters worse, since OP is off sick and the investigation relates to that, the information may be regarded by the ICO as relating to OP's health. If that is the case, it is special category data, which means it needs to meet one of the nine conditions for processing such data. Sharing the information with OP's colleagues clearly does not meet any of those conditions.

Plus “It’s actually been shared with someone who doesn’t work there, and on more than one occasion, someone rang to make a complaint (not about me) was told I’m under investigation.”

There is no legitimate way anyone outside of the organisation should be told about the investigation.

@Mamof2g how are things?