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

This is terrible OP, I hope you can resolve swiftly. I won't add to some good advice you've already received. I've had colleagues on sick leave go on holiday with my encouragement! Just because you're not well enough to work doesn't mean you must not leave the house, you could be suffering from a mental health issue where leaving to go to the rugby match was a significant step in your recovery. It sounds like a grievance against the colleague and a complaint about sharing your confidential HR info might be needed.

@whyisitallsohard I actually ending up in a&e and have proof of that, so I’ll be taking that into my meeting.

@Calmdown14 match was a Saturday, I only work Monday-Friday, Iv seen doctors and actually ending up in a&e at one point, so I’ll be taking at that with me as well as my sick notes, they do have copies of these tho.

I am so glad you are with a union-no investigation worth its salt would take a video into account.just let the investigation run its course,and do not hand your notice in,whatever you do.Id probably time off work now for stress(assuming you were not suspended anyway for the investigation).We had a colleague off with covid who was seen in her hot tub in her garden,and the manager felt it was appropriate to have a word with her 😂.Just hold your head up and do not stress.you have done nothing wrong and filming you was out of order

@Mrsttcno1 unfortunately no union, and I feel I can’t take anyone in from work with me.

Fancy recording you, what a snake.
And what for? You haven't done anything wrong. I do hope you manage to get this sorted asap.

The good news is that if you resign after this you have one hell of a claim for constructive unfair dismissal OP. I'm not sure what is most outrageous, the fact that they're conducting an investigation on your sickness when you were signed off by a doctor, or the sharing of the video around the office and telling the team that you're under investigation.

If you've been invited to a proper disciplinary meeting you're entitled to take someone with you. Do you have any colleagues left that you trust?

This link contains the exact phrase "Although you may have a fit note from the employee's GP saying the employee is not fit for work, you do not know what specific advice their doctor has given them to aid recovery. For example, their doctor may have suggested that they get out of the house and get some fresh air." and "Essentially there is no legal requirement for a worker who has been signed off sick to stay at home. You must accept a fit note at face value unless you have convincing evidence which casts doubt on whether the employee is genuinely ill. An employee being out with their friends and family will not be evidence that the employee is fit for work and/or has been acting dishonestly so as to give you cause to dismiss them, or even reprimand them. Even just investigating whether an employee is genuinely unwell needs to be done extremely carefully or you risk breaching the implied duty of trust and confidence."

The latter phrase there "breach of the implied duty of trust and confidence" is blatantly breached here.

I would highly recommend speaking with an Employment lawyer as this is so wrong it could prove very expensive for your employer.

Same. I had a colleague that had to cancel a holiday to undergo some medical tests and he asked for me to change his annual leave to reflect that he'd be back in the office for some of what was going to be AL, then take the rest of the time off as AL.

I cancelled his entire annual leave and gave him (paid) sick days instead.

It's the correct way to deal with it. I do, however, have some staff that have used up their contractural sick days, so if they were to have more medical time off I would offer them either annual leave or unpaid leave.

That said, on the flip side, I ended up with a stinking cold on a recent holiday but didn't claim any of my days back. I wouldn't have been well enough to work on one of the days, but I was certainly well enough to snooze by a pool!

@MoonShinesBright at this point I’d had the infection for 4 weeks so was getting better, the other symptoms and waiting for test results is why my sick note was extended, I did cheer but even in the video you can clearly see I wasn’t shouting or raising my voice and also drinking water and using a throat spray, on the call to notify me of ‘a serious incident’ I asked am I not to go to a rugby match while signed off, I was told no you need to be at home, this is not mentioned in the sickness policy.

Honestly bollocks to cheering OP.

It's totally irrelevant.

For all they know, when you're well you usually do a cartwheel and run round the pitch waving your jersey.

It's all such crap " you have to stay at home".

This is so going to come down on them.

Hmmm

I don't know if you have breached your company policy BUT if HR have disseminated this video as widely as you say and told people you are under investigation then that's a clear breach of your privacy and gdpr

How do do know that work announced to everyone that you're under investigation?

Even if this colleague was 'concerned' you were taking the piss - how dare they show it around staff. It should only be shared with relevant line manager/HR. That must feel like a personal attack.

@goingtotown 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.

From my own experience, even if I try to work when I got say, cold or a flue, I have to take longer for the same tasks to double and triple check, and check again to ensure no errors, as a result I am not as efficient as normal, so it's best for both employer and myself if I take time off sick rather than increasing the number of human errors. But I definitely can drive, cook and so on.

@MoonShinesBright absolutely not work shy, always the last the leave the place

From my own experience, even if I try to work when I got say, cold or a flue, I have to take longer for the same tasks to double and triple check, and check again to ensure no errors, as a result I am not as efficient as normal, so it's best for both employer and myself if I take time off sick rather than increasing the number of human errors. But I definitely can drive, cook and so on.

Off course you should take time off work if you are ill. And you shouldn't be at work spreading infection.

But your parental tasks and duties continue wether you like it or not. It's ridiculous for work to assume otherwise.

@MoonShinesBright aw sorry! I’m absolutely gob smacked but it all, but Iv had some great advice and someone is writing me a book of questions to ask and quotes to say ect x

Also Iv been there for nearly 4 years.

2 hours outside of the house the majority of which your quietly sitting not really doing anything isn't the same as doing a shift at work.

Work have absolutely no right to dictate what you do outside of work,they are massively overstepping;being Ill doesn't mean being housebound.

The colleague who filmed you is an absolute see you next Tuesday.

Where you work sounds very toxic.

Clear your name and find another job.

This is good advice.

OP, this is a gross invasion of your privacy by busybody colleagues who have no business to be monitoring your movements while off sick. Not being well enough to work doesn't mean you have to be a prisoner in your own home, and unless your company policy specifically states otherwise, I can't see how they can discipline you for leaving the house, especially if your doctor has recommended fresh air.

Personally, I probably wouldn't have stayed and sat through the match as I'm aware that these things can be so easily misconstrued. However, that's a personal judgement and I don't think they have even a shred of a case against you.

Just to clarify, I would be allowed to WFH instead of hybrid