Page 7 | HR investigations

Mamof2g · 2023-09-20T08:29:36+00:00

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

Nanny0gg · 20/09/2023 15:43

Mamof2g · 20/09/2023 10:36

@caniaskfor
thank you, I wish being off sick ment no mum duties, how nice would that be for a day. unfortunately I feel they are out to get me now. Also the video has been shared around the staff and they are all aware that I am under HR disciplinary investigation. I’m grateful that a family member is quite high up in the HR department so has been able to advise me questions to ask.

Workplace bullying, surely?

Leading to unfair dismissal?

I hope ACAS are helpful

momentumneeded · 20/09/2023 15:45

tanstaafl · 20/09/2023 11:02

Are you saying colleague videod the rugby match and noticed you there or specifically ‘went after you’ to have ‘evidence’ you weren’t, in their eyes, sick?

Did you take your son to the match and come back for him later or stand pitchside , maybe in wind and rain, for the whole match ?

Leaving aside the many issues here, anyone who parents a rugby playing child knows that there is a safeguarding responsibility - even for an older teen, there has to be a nominated responsible adult present for training and matches. It is not at all like just dropping your child off to a music lesson or such. Equally, if they don't attend a match they are letting down the team and the club as players are picked days before so it is never an easy decision to make if the parent is unwell.

Op - these are points you might want to make in your defence. Hope you feel better soon and can find a new job with decent colleagues. This is not a place you want to linger.

ohdamnitjanet · 20/09/2023 15:49

I’ve just seen this was a Saturday - not even a work day! Wow, just wow, they don’t have a leg to stand on. And as for the person who filmed you, what a gross invasion of privacy. I’d have her guts. She’s the one who should be under investigation. What a nasty piece.

Nanny0gg · 20/09/2023 15:49

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.

Not when she's been signed off by a doctor

MrTiddlesTheCat · 20/09/2023 15:50

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.

I had 1 manager, with help from HR, try to arrange for me to be seen by the Occupational Doctor with them in attendance. They wanted to OD to cancel my autism diagnosis so they could do away with adjustments previous managers had put in place for me. They were most put out that he wouldn't let them in the room and then recommended further adjustments.

Vistada · 20/09/2023 15:51

Four Weeks???

Jesus. Either you're underplaying your condition in the title thread, or taking the piss a bit in my view.

ManateeFair · 20/09/2023 15:51

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.

Absolute bollocks.

Ilikewinter · 20/09/2023 15:52

I have no advice but interested to see the outcome!

ManateeFair · 20/09/2023 15:53

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.

Are you suggesting she has forged a sick note from her doctor? Because if she has a sick note from a doctor confirming that she is not well enough to work, then there is no dispute to be had about the validity of her sickness.

Irridescantshimmmer · 20/09/2023 15:54

When you speak to Acas, ask them if your employer is liable for a breach of the gdpr legislation as they may be liable because your colleagues were told you are under investigation.

Ariela · 20/09/2023 15:56

You absolutely should not be working if you are unwell, and this is covered by your sick note.

FWIW I have a throat infection. Tonsil and gland right hand side swollen, slight sore throat, today add in a headache. Yesterday I was at work, I made 2 (not serious, but inconvenient minor) mistakes at work yesterday, which means my work has to be redone and there is a resultant cost to the company in time, cost, and customer inconvenience. There may be a long term impact to one of the customers (new customer) and our turnover/profit as this minor mistake may impact repeat custom.

I was adamant I was OK to work yesterday but this clearly shows the impact being a 'not enough to warrant a day off work sick throat infection' can have on a business.
Luckily for work I have a day off (car needed to go for MOT). So no mistakes today!

Feel free to print off how my 'minor sore throat' impacted on my company to show your employers. You had a sick note, so are more unwell than me.

CherryMaDeara · 20/09/2023 15:56

That's terrible, OP.

We've had someone go on mental health leave and management wouldn't even have minded if they had a week in the sun to help.

Hope you feel better and make mincemeat of them.

letthemalldoone · 20/09/2023 16:00

SurprisedWithAHorse · 20/09/2023 14:35

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.

Show quote history

How limited is your understanding!!

Can I educate you here? Though I guess it's futile, as you're clearly prejudiced and lacking in comprehension skills.

HR exists to protect the interests of the employer, and in doing so, they also protect the interests of the employee, ensuring that they are treated fairly and within the law - thereby avoiding litigation against the employer.

Comprende???

letthemalldoone · 20/09/2023 16:01

Vistada · 20/09/2023 15:51

Four Weeks???

Jesus. Either you're underplaying your condition in the title thread, or taking the piss a bit in my view.

Where did you obtain your medical qualification?

You need to hand it back.

OnlyOneAdda · 20/09/2023 16:02

Bearpawk · 20/09/2023 12:02

HR Here.
I'd recommend doing the following.
A. Ask the company for a copy of the sickness policy to clarify if it states you can't continue to parent your children or leave the house
B. Ask for a copy of the grievance procedure, explain its in order to raise a grievance about a. Your disciplinary being shared with staff who don't need to know and b. To report harassment/ bullying about a staff member filming you outside of work and sending it to colleagues.

You may find they swiftly diffuse the issue.

This is good advice.

In addition I'd make a subject data access request - they'll have to send you any records held with your name on including emails etc. And a copy of their Proprietary and Confidential Data policy given a video has been distributed of you / information about the investigation shared. And I'd go back to the GP and get them to sign you off another week for "work related stress" while you digest all the info and make a plan.

At face value I think you are in a very strong position here. Potential weaknesses you need to consider - whether your behaviour could make anything you have said to work a lie eg. I'm so ill I can't leave my bed. This is then not about sickness policy but an integrity / conduct issue. Or if your actions specifically went against something written in the sick note (unlikely). And finally if you did anything explicitly stated in the sickness policy as forbidden (also unlikely).

However this pans out however it feels unlikely you can continue to work there as there will be zero trust / a load of resentment on both sides.

Good luck with dealing with it and hope you find a fab new job and leave these idiots behind you!

anomaly2 · 20/09/2023 16:02

Can't you figure out who it was by whose dc plays rugby with your dc?

letthemalldoone · 20/09/2023 16:03

MrTiddlesTheCat · 20/09/2023 15:50

I had 1 manager, with help from HR, try to arrange for me to be seen by the Occupational Doctor with them in attendance. They wanted to OD to cancel my autism diagnosis so they could do away with adjustments previous managers had put in place for me. They were most put out that he wouldn't let them in the room and then recommended further adjustments.

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You should have taken them to the cleaners under Disability legislation.

That is utterly appalling! I hope the HR person wasn't professionally qualified because if they are, they ought to be struck off!!

endofthelinefinally · 20/09/2023 16:03

MrTiddlesTheCat · 20/09/2023 15:50

I had 1 manager, with help from HR, try to arrange for me to be seen by the Occupational Doctor with them in attendance. They wanted to OD to cancel my autism diagnosis so they could do away with adjustments previous managers had put in place for me. They were most put out that he wouldn't let them in the room and then recommended further adjustments.

Show quote history

I can well believe it.

letthemalldoone · 20/09/2023 16:04

OnlyOneAdda · 20/09/2023 16:02

This is good advice.

In addition I'd make a subject data access request - they'll have to send you any records held with your name on including emails etc. And a copy of their Proprietary and Confidential Data policy given a video has been distributed of you / information about the investigation shared. And I'd go back to the GP and get them to sign you off another week for "work related stress" while you digest all the info and make a plan.

At face value I think you are in a very strong position here. Potential weaknesses you need to consider - whether your behaviour could make anything you have said to work a lie eg. I'm so ill I can't leave my bed. This is then not about sickness policy but an integrity / conduct issue. Or if your actions specifically went against something written in the sick note (unlikely). And finally if you did anything explicitly stated in the sickness policy as forbidden (also unlikely).

However this pans out however it feels unlikely you can continue to work there as there will be zero trust / a load of resentment on both sides.

Good luck with dealing with it and hope you find a fab new job and leave these idiots behind you!

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Good advice here from both posters.

Hopefully you have full sick pay and if so, get signed off with work-related stress for however long it takes to sort this out. It would be no word of a lie!! Bastards. So angry on your behalf!

letthemalldoone · 20/09/2023 16:06

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Original poster

Mamof2g · 20/09/2023 16:07

@Vistada not taking the p iss at all, I actually love my job but have been very unwell, hence the a&e visit and several doctors appointments since

OP posts:

SurprisedWithAHorse · 20/09/2023 16:08

letthemalldoone · 20/09/2023 16:00

How limited is your understanding!!

Can I educate you here? Though I guess it's futile, as you're clearly prejudiced and lacking in comprehension skills.

HR exists to protect the interests of the employer, and in doing so, they also protect the interests of the employee, ensuring that they are treated fairly and within the law - thereby avoiding litigation against the employer.

Comprende???

Show quote history

As you can see, they are delightful people, very professional with fabulous people skills. And they are multi-talented, being able to confirm that you are correct while taking offence that you're correct. Amazing people.

I can't blame them. I'd be like this if I worked in Human Remains too. Godawful industry. There's a reason J K Rowling made it HR for the career Robin hated and the wonderful Matthew wanted her to do.

letthemalldoone · 20/09/2023 16:11

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.

Please tell me you took them to tribunal...

letthemalldoone · 20/09/2023 16:11

SurprisedWithAHorse · 20/09/2023 16:08

As you can see, they are delightful people, very professional with fabulous people skills. And they are multi-talented, being able to confirm that you are correct while taking offence that you're correct. Amazing people.

I can't blame them. I'd be like this if I worked in Human Remains too. Godawful industry. There's a reason J K Rowling made it HR for the career Robin hated and the wonderful Matthew wanted her to do.

Show quote history

Grow up.

ManateeFair · 20/09/2023 16:11

Dinoswearunderpants · 20/09/2023 14:47

You went to A&E for a sore throat?

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When I was 19 I had 'a sore throat' that got so bad that I couldn't speak and was struggling to swallow. The GP took one look at it and sent to me A&E immediately. I spent five days in hospital on an antibiotic drip and went deaf in one ear for a fortnight. Almost 30 years later I still have really bad scarring in my throat.

So with all due respect, fuck off.