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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:
SurprisedWithAHorse · 20/09/2023 16:36

letthemalldoone · 20/09/2023 16:29

I don't need your commiserations. I love my work and I am very good at it too. Any organisation would be damn lucky to have me.

You can take your goading elsewhere. I'm not wasting another second on you.

Sorry, did I give the impression that I didn't think you were extremely well suited to HR?

I'm just surprised that with so much experience, you weren't aware before of how much everyone bloody hates Human Remains. I'm also surprised to see you care so much about it.

Alargeoneplease89 · 20/09/2023 16:37

Feraldogmum · 20/09/2023 16:25

I'm sorry but you're so ill you cannot work,leaving colleagues to cover for you yet can go out to a rugby match? If you can drag yourself out,you can get into work.
If you were atrociously ill, you would not have taken your son out and would have got someone else to do or apologised and said would have to miss match. If you can develop a bit of stoicism for your child's leisure activities ,then you can do so for the person who gives you a living and your colleagues.
As for the co-worker,seeing a colleague out and about who clearly shirking is bound to make them aggreaved. There is clearly more to this though as you would not be under investigation if this were a one off or were considered a valuable and productive employee. Your boss would have contacted you fir your version of events.
Anyone can get a sicknote and Dr's have zero interest in the wider implications of enabling the workshy .
When folk pull sickies,it affects businesses and endangers the livelihoods of others who actually have a work ethic.

Seriously, whats wrong with you? You know nothing about what OP does for their job. How do you know they don't work with vulnerable people with suppressed immune systems / job that requires alot of verbal communication/ etc.

The video was taken on a non work day so I'm astounded it has any grounds anyway.

The OP has mentioned they have been advised to go a&e and also advised to get fresh air, what so you expect them to do?

It's not like they were playing rugby - give your head a wobble.

MsJinks · 20/09/2023 16:38

I know it’s not always a popular opinion but we accept at work that it’s drs that have the medical knowledge and it’s their job to sign folk unfit or fit for work and not for a non medical jobsworth person to ‘know better’.
This is appalling treatment and all kinds of wrong OP, as discussed with the sensible PPs so won’t repeat, so hope you get ACAS advice/the right response from work and also feel better soon.

endofthelinefinally · 20/09/2023 16:39

Clarabell77 · 20/09/2023 16:35

@endofthelinefinally

how on earth can you work in occupational health and not understand why HR request Occupational health/medical reports? It’s not because we’re being a bit nosy 😆

I said nothing about occupational health reports. I wrote and sent OH reports to HR every day. What I did not do is share confidential hospital records with HR. There is a huge difference that HR departments ought to understand.

HPD76 · 20/09/2023 16:40

I was on an ACAS training course on Monday and was told (though I knew this already) that you can do what you want on sick leave, even go on holiday especially as that could help aid your recovery. What your work have done is bollocks, they need taking to the cleaners. And you owe them absolutely nothing.

Mamof2g · 20/09/2023 16:41

@Feraldogmum for starters I think the several doctors i have seen would disagree with you, I attend a game to watch my child, sat down for the whole time and this is the first issue Iv had with work, this might I add is after my steroids and antibiotics had finished, and yes I’m still unwell today, thanks for your pointless comment

OP posts:
Orangetreexherry · 20/09/2023 16:43

Feraldogmum · Today 16:25

I'm sorry but you're so ill you cannot work, leaving colleagues to cover for you yet can go out to a rugby match? If you can drag yourself out, you can get into work.

You are probably talking about serial offenders who take the sick leave 'because they can'.

I try not to take the sick leave (take them less than once a year), but if I know my condition affects my productivity, isn't it more fair to the employer and the colleagues to take the time off? I know the business will still pay me the full amount, however, at least the business and the co-workers KNOW they are covering for me, rather than me being at work (WFH or office) and making 30% input while my records show I have never taken the sick leave?

While I can't trust myself to work without making any errors, I can still drive, cook and sit on the bench at the stadium. You can still be unfit for work without being in coma.

Henryhover · 20/09/2023 16:43

Dinoswearunderpants · 20/09/2023 14:58

My Dad is currently in A&E with a DVT from chemo so you can lose the attitude.

Plenty of people here wasting time in A&E. OP is happy to go to her kids rugby match and pop along to A&E and wonders why she's being investigated.

She could of got told to go to a&e by her GP with suspected sepsis ect so don't sit there and judge.

Plus with the way it is at the moment with how hard it is to get an appointment for the doctors I don't blame her for going to a&e.

Just because she's got an infection doesn't mean she can't stop being a mother.. it's a 24hr job in itself. But you never know she could be a single mam with no help from family etc with the father not in the picture so don't judge on what you don't see/know!

Clarabell77 · 20/09/2023 16:44

@Feraldogmum

Do you think people go from being “atrociously ill” to 100% fine, fully fit for work and all other activities?

I can’t believe the comments on this thread but it has at least reassured me that HR is a very necessary and worthwhile function. 😳

SurprisedWithAHorse · 20/09/2023 16:51

Clarabell77 · 20/09/2023 16:44

@Feraldogmum

Do you think people go from being “atrociously ill” to 100% fine, fully fit for work and all other activities?

I can’t believe the comments on this thread but it has at least reassured me that HR is a very necessary and worthwhile function. 😳

Yes, it's doing its usual stellar job for OP.

LlynTegid · 20/09/2023 16:56

An investigation seems reasonable, telling others you work with not.

MarshmellowMoon · 20/09/2023 16:56

This reply has been withdrawn

The OP has privacy concerns and so we've agreed to take this down.

Wexone · 20/09/2023 17:00

Oh sweet jesus i can not believe someone was such a b**H to record you and send it around to everyone, if this was my colleague i would kill them. They have some cheek. God i feel so sorry for you. Yes sometimes people being out sick is annoying as you end up doing extra wok, but if you are sick you are sick. You dont sound like a piss taker. We all have them in our office, one was a team leader of mine, there 5 years and i dont think she worked a full month while she was there. She was investigated and she left before she was fired. There they had due course, but we didnt know any details of that investigation nor was she being investigated untill after she was gone. Please please fight back and let us know how dealing with this See you next Tuesday gets on, they should be punished for what they did. Shocking

Amimaimia · 20/09/2023 17:10

Speak to ACAS. I’d also ask them about your rights to a claim of constructive dismissal if you feel it’s not possible to continue to work there and need to resign.

pointythings · 20/09/2023 17:13

Well, this thread shows once again that the UK's utterly toxic work culture is alive and kicking people while they're down.

I wish I could say I can't believe some of the comments, or the way OP's employers and colleagues are behaving, but sadly I can.

sunglassesonthetable · 20/09/2023 17:16

I'm sorry but you're so ill you cannot work,leaving colleagues to cover for you yet can go out to a rugby match? If you can drag yourself out,you can get into work.

And do what? Spread infection and be useless? Much easier to sit on the edge of the pitch waiting for your son to finish playing, there's no comparison.

If you were atrociously ill, you would not have taken your son out and would have got someone else to do or apologised and said would have to miss match. If you can develop a bit of stoicism for your child's leisure activities ,then you can do so for the person who gives you a living and your colleagues.

What happens in between "atrociously i'll" and ready to work? Ridiculous.

As for the co-worker,seeing a colleague out and about who clearly shirking is bound to make them aggreaved. There is clearly more to this though as you would not be under investigation if this were a one off or were considered a valuable and productive employee. Your boss would have contacted you fir your version of events.

'
Clearly ' doing lots of heavy lifting here. 🤣

Anyone can get a sicknote and Dr's have zero interest in the wider implications of enabling the workshy .

No idea why they are universally required.

When folk pull sickies,it affects businesses and endangers the livelihoods of others who actually have a work ethic.

And when they come into work sick they are unproductive, take longer to get better and infect every one else. Because it's an excellent idea to go into work sick. 🙄

@Feraldogmum As a previous poster said. "do shut up"

AnneValentine · 20/09/2023 17:17

If this is your first episode of sickness and you’re signed off they’re playing a silly game.

ChristopherTalken · 20/09/2023 17:19

Its sad to see toxic work environments exist, but luckily employee wellbeing overall seems to be more and more of a focus for the majority of companies now, as well as stamping out poor management who do not trust and treat employees as adults.

A good company needs happy, healthy and motivated staff. Forcing people to come in unless they are on their deathbed is extremely old fashioned and will lead to high staff turnover.

Hodgewell1 · 20/09/2023 17:20

Covert monitoring is very intrusive. Workers have legitimate expectations to have a degree of privacy at work and may have an even greater expectation of privacy outside the workplace. Therefore, covert monitoring should only occur in exceptional circumstances; its use must be justified and proportionate, and safeguards should be put in place to minimise the invasion of the worker’s privacy (Ribalda and ors v Spain [2019] ECHR 752). Before ordering covert surveillance of a worker, the employer should consider the checklist in the ICO’s Employment Practices: monitoring at work draft guidance.

see also recent relevant case which has similarities to yours: https://www.bailii.org/uk/cases/UKEAT/2023/90.html

LOPEZ RIBALDA AND OTHERS v. SPAIN - 1874/13 (Judgment : Preliminary objection dismissed : Grand Chamber) [2019] ECHR 752 (17 October 2019)

http://www.bailii.org/eu/cases/ECHR/2019/752.html

sunglassesonthetable · 20/09/2023 17:21

*Sorry, did I give the impression that I didn't think you were extremely well suited to HR?

I'm just surprised that with so much experience, you weren't aware before of how much everyone bloody hates Human Remains. I'm also surprised to see you care so much about it.*

And what are you still going on about, literally on a crusade against all random HR people you bump into?

Who left the gate open at See You Next Tuesday Farm?

SOBplus · 20/09/2023 17:23

Haven't read the whole thread, but hopefully logic prevails. I can't imagine an investigation unless there was a long history of malingering, unless someone made a formal complaint (like co-worker). Management may feel they have to go through the process after a complaint but I, and I think most managers, would wrap it up and say nothing to see here - but also keep the actions of the reporter in mind for causing issues for nothing and not worth keeping around if given the opportunity.

Peacendkindness · 20/09/2023 17:24

I think your colleague and your work are fine to ask, challenge and investigate it.

I do know of a former work colleague who phoned in with D and V and then unfortunately came across a school trip to Wimbledon with a colleague where they were sitting in the audience as well. (a teacher) they resigned immediately but they had lied about the reason.

You doctor will be able to provide clarification - you can see why a work colleague might want to do this (it is unkind) and not seen to be making up stories. In a public place you can be photographed and videoed - so yes it’s ok. Just take your medical evidence and prescriptions with you and point out that you were there sitting in silence for 2 hours and then left. If you were there having a laugh and joke and messing around with the other mums and running up and down a pitch - you would be showing that you were possibly fit for work

SlightlygrumpyBettyswaitress · 20/09/2023 17:26

Jesus, it's not the 1980s.
Defend yourself rigorously
Raise a grievance about Cunty colleague and anyone else on the self riteous band wagon

853ax · 20/09/2023 17:26

I'm no HR or legal expert but sounds to me if they do fire you they would be in wrong and you could get a great pay out for unfair dismissal.
Sharing details of your illness, investigation, video could also cross some GDPR lines.
Contact some citizens or work agency.
If you signed off unfit to work should not need to explain nature of that to any colleagues.
Weird person who took video karma will get them.

sunglassesonthetable · 20/09/2023 17:27

do know of a former work colleague who phoned in with D and V and then unfortunately came across a school trip to Wimbledon with a colleague where they were sitting in the audience as well. (a teacher) they resigned immediately but they had lied about the reason.

Yep and they wen't ill unlike OP.