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

That's horrible, and completely unacceptable.

If it's been shared I'd send a email to the whole team, and tell them how grateful you are about their request to take over parenting duties but sadly as anyone with responsibilities or you know...alive knows, the world doesn't stop just because you do.
And then talk about unhealthy patterns that can lead to stalking, such as filming somekne with out their permission and the distribution of image and ask what the companies rules are on that.

..in that case it sounds like someone high up has f'ed up big time and looking for a scapegoat. Be careful and record everything

You can't stop being a mum because you are sick. I've had my son in the bath whilst my head was down the loo ffs.

You could have been walking to the chemist or doctor for a follow up appt. Not everyone has Someone to rely on.

No its really not normal HR practise - you have been videoed without your approval and this has been shared - that is one issue. The second is that the investigation has been made common knowledge - such bad practise and definitely put in a complaint ' grievance

Makes absolutely no difference whatsoever

@Mamof2g don’t listen to people on here with no hr/legal expertise. Work cannot tell you how to spend time off sick.

Totally incorrect

Are you signed off by a doctor? Make sure you show evidence that your son does attend a match/event that you have to transport him to.
It's possible to be too unwell to work but still have family responsibilities you can't get out of
If you have a union rep take them in. If you don't, find out what your in house or industry union is and ask for representation.

For the sharing of the vid inside and outside the organisation you have a strong case for constructive dismissal.

@YukoandHiro yes Iv been signed off by a doctor, and then had the sick note extended by the doctor and also have a telephone appointment next week to see how I am, I also have my a&e discharge note too.

Ha, it likely is normal HR practice in that it's the sort of thing HR would do, but not that it's legal, ethical or justifiable. Nobody likes HR and there's a reason.

I've found that companies that pay full pay on sick leave are a bit more enthusiastic about 'investigations' into these sorts of situations. This is because they have people that take the piss quite regularly but this impacts the genuine folk.

As a manager, I've had numerous people come to me complaining about their colleagues being off sick but doing x,y,z on social media. It made me realise that no one is really friends at work because once someone thinks that someone is getting something they are not, the knives come out.

Was this person using work emails to distribute that video of you?

Surely this is stalking? Videoing someone without their consent then sharing it with others for the purpose of exposing the victim to bullying and investigation? That is really awful behaviour and whoever did that should be disciplined.
I wonder if you should advise your employers that you are considering reporting the stalking and video sharing to the police.

To the colleague who filmed you… incredibly creepy

🙄 what hyperbole. Had some bad experiences, have you? Can’t think why….

Raise a grievance. Let them do the disciplinary and as long as you've been there for 2 years make sure you go for unfair dismissal if they sack you. If you can't face going back and the grievance isn't resolved then get advice for constructive dismissal.

They are being ridiculous. I'm a retired HR manager, I've had staff coming to me with these tales many times, I just told them being off sick does not mean you are under house arrest.

OP I think they're taking the piss and are going to be falling hard but out of interest was there a big crowd?

Did you notice the colleague there filming you?

I lost my job for having long term sickness, despite the fact that it was all certified by my GP and my consultant. I was hounded relentlessly by HR and there was nothing I could do in the end. They kept telling me my attendance needed to improve, I told them that was not going to be possible as I was awaiting more surgery and would need to have the surgery if I was ever going to have any hope of getting better, they just kept repeating that if I had more sick leave they would move to the next stage in the disciplinary procedure. Apparently I could only have something like 30 days certified sick leave because of my age (20's at the time). I had a Union Rep but it didn't make any difference. Computer said no.

My dad worked for the same large company and he said that my case was the start of an avalanche of people with long term health conditions including cancer and MS getting sacked.

Bloody hell. It's your colleague who needs investigating, not you!

@Mamof2g Factually, the colleague who videoed you was in their own personal time, may have used their own phone/camera and you were in a public place. None of this is unlawful nor is it related to work. Your colleague is unlikely to have breached any rules notifying your manager/HR. Raising a grievance against them may be difficult.

The one area where they make have broken the rules is if they have used work IT systems to share the video or to breach confidentiality about the HR investigation.

However, HR/your manager is likely to have breached your right to confidentiality. Contact the HR Director and cc in the Data Protection Officer.

Advise them you are aware that your right to confidentiality may have been breached as you understand colleagues are aware HR have launched an investigation. Include a SAR (subject access request) for a copy of the video and any email communications about you and the investigation on work IT systems. Advise you want the breach of your personal data investigated.

WRT being out and about whilst sick, you clearly have consulted your GP who gave advice which you followed. As pp have said you can be unfit for work but not unfit to be out and about, It may be worth asking for a referral to OH and asking them to contact your GP who will confirm their advice.

Hi.
If you've been signed off by a doctor legally they don't have a leg to stand on.
You are allowed to do leisurely activities while sick, not under lock and key as someone else said.
You could feel to unwell to work but well enough to sit and watch a game.
You have all the evidence especially with a and e visit.
Seek legal advice and also might be worth chasing comp for stress caused and invasion of privacy.

Similar happened to my Mum when she was off work following falling down the stairs and dislocating her shoulder. Apparently that meant you cannot leave your home once you are able to to walk 50metres to buy a pint of milk. Nothing came of it in the end as it was clearly unreasonable.

You went to A&E for a sore throat?

My nephew went to A&E for a sore throat because he couldn’t swallow.
Blood tests showed he had leukaemia but with your attitude he’d have stayed home until he was dying.

Contact ACAS, also your Union if you are in one.