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HR investigations

525 replies

Mamof2g · 20/09/2023 09:29

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

OP posts:
Nat6999 · 20/09/2023 15:17

Dinoswearunderpants · 20/09/2023 14:59

But it's not and she's out and about.

To have been given steroids & stronger antibiotics show that it wasn't a waste of time, she was told to go by her doctors.

endofthelinefinally · 20/09/2023 15:18

Littlegoth · 20/09/2023 15:13

@endofthelinefinally My 3 year old’s key worker almost died due to a quinsy last year. Terrifying. My kid has been hospitalised with a throat infection in the past, too. We went to A&E. Call the police 😂

The most terrifying thing I have ever seen in A&E is epiglottitis. The risk of death is very, very high. It is rare thank goodness. Quinsy doesn't seem to be all that rare. Of course, things like diphtheria are making a comeback so we need to be vigilant. I think the fact that people can't get GP appointments are making acute situations worse.

Skodacool · 20/09/2023 15:20

Their behaviour is disgraceful in spreading this information about you. Who do they think they are to know better than your doctor! They’re like kids bleating that they’ve seen you ‘playing out’ when you’re off school with an infectious condition.

sunglassesonthetable · 20/09/2023 15:21

But it's not and she's out and about.

She's not. You haven't read the thread.

Serendipitoushedgehog · 20/09/2023 15:22

Mamof2g · 20/09/2023 12:58

@Sunnydale1999 this is rubbish, I sat the whole time and yes my child did have to go, it’s myself who is ill not him, and I’m signed off work not parental responsibilities, doctors advise was to get out in the fresh air, like Iv said previously, someone carried my chair, I sat for the duration was constantly drinking and using a throat spray, throat infections has lots of symptoms but this was never discussed when I handed my sick note in, infact I only got a call from work to see if I’d be in when my first note ran out so they could sort staffing out. The rugby match was not during work hours and the colleague who videoed myself zoomed right in on me, and has since passed it round at work, I am not in the wrong for this at all,

Do you really not know which colleague it was? Surely you could find out who was sharing it round everyone by asking a friend at work?

endofthelinefinally · 20/09/2023 15:23

I used to work in Occupational Health. The most annoying people were HR, wanting to see confidential medical correspondence, no clue about anything related to health but always wanting to "have a quick look at somebody's medical record".
The trouble is, people won't be honest about their health condition or disability if they think it is going to be discussed with all and sundry.

letthemalldoone · 20/09/2023 15:23

Get your GP to write a letter stating that you were advised to be out in the fresh air - it may cost you but worth it. Also demand a referral to Occupational Health.

You could contact a union for advice but as you aren't a member already they won't represent you.

There is absolutely NO expectation that you have to be housebound while off on sick leave. They need to extract themselves from the 1970s and you need to look for a new job.

They do not have a leg to stand on here.

letthemalldoone · 20/09/2023 15:24

Plus this absolutely should not be discussed with all and sundry!! Total breach of confidentiality!!

Littlegoth · 20/09/2023 15:24

@endofthelinefinally
Scary stuff!

For all those sneering that someone went to A&E with a throat infection, you seem to have forgotten that it’s a pretty important body part as far as breathing is concerned.

Luciansmum6 · 20/09/2023 15:25

I didn’t realise parenting stops when you are unwell…must have missed that memo.

that’s what you say when they ask.

letthemalldoone · 20/09/2023 15:26

Movinghouseatlast · 20/09/2023 11:13

This is quite normal HR practice- if you are well enough to go to a rugby match and 'mum duties' then you are well enough to ho to work is the view. That's why lots of people are caught out by Facebook in this regard.

It's not right that team members have been told though, they should not be telling anyone.

Oh do wise up and join the majority of us in the 21st century!!!!

Ramalangadingdong · 20/09/2023 15:26

As long as you weren’t shouting encouragement I don’t think they have a leg to stand on.

Graciebobcat · 20/09/2023 15:31

I'd say they are hoist by their own petard particularly if the video shows you clearly having trouble with your throat, spraying, it, sitting down and sipping water.

What bastards. I'd be fucking raging with them, particularly the one who videoed you (what was he doing there at a kids' rugby match anyway?)

DiscoDragon · 20/09/2023 15:32

Littlegoth · 20/09/2023 15:03

@DiscoDragon and I’m assuming they then went bust after losing loads of tribunals following their discrimination against people with long term medical conditions (cancer treatment, among other long term conditions, falls under the equality act)

@fr4zzledmum You can absolutely go on holiday while signed off sick. The GP has certified you as unfit for work, not as unfit for holiday. Could even argue it was a vital part of recovery/convalescence. This was tried at a recent tribunal and the employee won their unfair dismissal case over it. Your employer can NOT insist you convert your sick leave to annual leave instead.

Another HR professional here just agreeing with what the previous HR posters have already said. You are too sick to work and that has been backed up by your GP. Your work have no right to demand you spend it under lock and key, coming out only under the cover of dark and only then if your life depended on it. They don’t own you.

Edited

Nope! They are a massive international company and one of the biggest employers in the southwest, nothing has changed in that regard. I don't know how they get away with it but they do.

letthemalldoone · 20/09/2023 15:34

fr4zzledmum · 20/09/2023 13:12

Feel for you and your colleague sounds like a massive twat. Can you think of anyone who had a problem with you before, or do you remember seeing anyone you recognised at the rugby match?

I think unless you had told work you were physically unable to get out of bed, then you're within your rights to be out and about whilst on sick, particularly as this was outside of working hours too.

I'd be interested to hear of any responses you get from work or ACAS.

Someone previously commented that you can go on holiday whilst on sick - not the case for our workplace, as per the policy. If you were on sickness leave (but felt well enough yo go on holiday still) you'd be expected to have those days as A/L.

Your organisation is totally wrong here. It is perfectly acceptable to go on holiday whilst off on sick leave if it's considered beneficial to your health. I mean, you couldn't go on a skiing holiday if you have a broken leg, but if you're off with something like work-related stress, you absolutely can. I've done it. Just had to get a letter from my GP.

Clarabell77 · 20/09/2023 15:34

Doesn’t sound like a very nice place to work.

The only way you’d be in the wrong is if, for example, you had lied and said you had a broken leg and it was in a cast and you were seen walking/running/playing sport without the cast. It’s possible to even go on holiday when you’re off sick. Not being fit for work doesn’t mean not being fit to get out of bed.

And your employer shouldn’t have told anyone unless they’re part of the investigation - even then they don’t have to go into specifics.

diddl · 20/09/2023 15:35

Mamof2g · 20/09/2023 13:33

@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.

So I'm guessing that you had time off sick either side of the Saturday?

But even so-what would their point be?

That if you hadn't been out on the Saturday you could have been back to work sooner?

That you're not really ill??

Beggars belief.

Viviennemary · 20/09/2023 15:36

Well they were wrong to announce it to everyone you were under investigation. But not wrong to dispute the validity of your sickness.

Littlegoth · 20/09/2023 15:36

@DiscoDragon I wonder how many have been settled out of court to avoid reputational damage. I bet it’s more than you think.

letthemalldoone · 20/09/2023 15:38

Viviennemary · 20/09/2023 15:36

Well they were wrong to announce it to everyone you were under investigation. But not wrong to dispute the validity of your sickness.

Nope! You always seem to take a ridiculous stance on everything.

Employer is wrong on all counts!

SurprisedWithAHorse · 20/09/2023 15:39

Viviennemary · 20/09/2023 15:36

Well they were wrong to announce it to everyone you were under investigation. But not wrong to dispute the validity of your sickness.

Oh hi, Viv.

In what way are they not wrong to dispute a doctor's note?

Applesaarenttheonlyfruit · 20/09/2023 15:39

DiscoDragon · 20/09/2023 14:42

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.

Unfortunately being unable to perform your work due to your state of health is a reason companies can dismiss you.

TheDogthatDug · 20/09/2023 15:41

I'm off on long term sick ATM. I went abroad on holiday, my manager and HR are fully aware and are fine with it. Terrible behaviour from your colleague and even worse for HR to make an announcement that you are under investigation.
Good luck OP.

willWillSmithsmith · 20/09/2023 15:42

Movinghouseatlast · 20/09/2023 11:13

This is quite normal HR practice- if you are well enough to go to a rugby match and 'mum duties' then you are well enough to ho to work is the view. That's why lots of people are caught out by Facebook in this regard.

It's not right that team members have been told though, they should not be telling anyone.

Mum duties don’t stop just because you’re ill or maybe you’re able to pass those jobs in to a nanny! I’ve been ill off work before but have had to drag myself round the supermarket and get kids to and from school. What would you suggest happens when a mum is sick and no one else around to do those jobs?

Theunamedcat · 20/09/2023 15:42

Dinoswearunderpants · 20/09/2023 14:59

But it's not and she's out and about.

She is out and about NOW she didn't say she went to A&E then straight to the match now did she

Part of illness is getting better you don't wake up one day sick then wake up a few days later all better