disciplinary advice please (social networking - misconduct), sackable?

sjaypink

hi, looking for some advice on whether this 'gross misconduct' is in fact a sackable offence (meeting not for few days, but dismissal looks likely).

the allegation relates to the setting up of an 'appreciation group' for another member of staff (mr x!) on a social networking site. this member of staff was not aware of this group. there were comments made on the group by both my friend and some other colleagues. although nothing in the content was in any way nasty etc etc, it perhaps comes across as sarcastic in its 'appreciation'.

mr x has a disabilty, although this was in no way mentioned, nor implied, as a reason for the setting up of the group, nor referred to in any posts. there is no mention of the company name on this site either.

the official reason given for investigation (which began last week) was 'alledged gross micsonduct: behaviour likely to cause serious offence to colleagues, and that detracts from the companies good name and reputation'.

this group was set up approx 5 months ago, all activity in this group was within 1 week of its set up, there have been no posts etc since (a spur of the moment joke, long forgotton, in my friends eyes).

approx 3 months ago all staff were asked to sign a 'respect at work' contract. this contained advice that discussions of the company or colleagues on the internet were not permitted, and such actions were likely to lead to disciplinary action.

during the investigation interviews (which my friend has full copies of) each staff member who joined the group- including friend- has been asked:
* 'do you agree that you read and signed the respect at work contract?'
also asked has been
* 'do you know mr x has a disibility?'
* 'how do you think mr x's parents would feel about this site?'
(....presumably because his parents also work at the company, making the situation more complex)

so, i would greatly appreciate any advice on whether this investigation (or rather, the probable sacking) are fair- in terms of:

*** the respect at work contract being signed after the setting up of the internet group?

*** the focus on mr x's disability?

*** the questions regarding his parents feelings- is this relevant?

(sorry for long post!) thanks in advance!

dmg24

Although the 'respect at work' agreement was signed after the event, such a clause is implied into all employment contracts.

Even if Mr x's disability may not have been noted on the website, it is common sense that the comments made will be made in view of the fact that Mr x's has a health condition. How relevant his condition is would depend on what his condition is, and the comments made.

The parents are also fellow employees, and therefore their feelings are relevant.

I know of a good amount of these 'appreciation' pages, and in the majority the 'appreciation' does tend to be sarcastic and in bad taste, however innocent it appears on the surface.

I can understand why the situation is being taken seriously. Whilst I agree that it could constitute gross misconduct, the outcome can only be determined by those that know the full facts of the situation.

pinkshoes

I would say that as this person is a work colleague, then this would count as unfair treatment of someone within the company, as their common connection is the company.

They may have signed the contract AFTER the group was set up, but it is verging on bullying (possibly IS bullying), and thus would count as gross mis-conduct.

Even though the content wasn't nasty, people can be very sensitive, and may find it highly upsetting.

LinasPilibaitisisbatman

You are entirely justified to be dismissed for this.

It is bullying of a colleague. Possibly even motivated by a disabled.

You as the ringleader should be dismissed and anyone else who contributed at best a final warning.

Trying to find a little loophole out of trouble will only make things worse.

johnwallace

can you not make the site vanish?
JW

hayley11

Well i'm sorry but if your friend gets fired then they've nobody but themselves to blame. What a horrible thing to do. Obviously they were saying unkind things, otherwise what was the point?

On a more helpful note, why not contact ACAS and ask them where they stand?

ETA - changed you to they

sjaypink

LinasPilibaitisisbatman wrote: »

You are entirely justified to be dismissed for this.

It is bullying of a colleague. Possibly even motivated by a disabled.

You as the ringleader should be dismissed and anyone else who contributed at best a final warning.

Trying to find a little loophole out of trouble will only make things worse.

i think the reason for the doubt here is that the company is incredibly slack on every other issue- attendance/ standards etc. my friend feels hard done by i guess as he is an excellent employee (fast track promotions etc) ....however, i realise this may also go against him...?

also, on that note, forgot to mention (dont know how relevant) is that my friend is in a more senior position than mr x and his parents...

the tag line for the group was 'in appreciation of mr x, who makes the weekends at work more enjoyable'. mr x has a learning disability, although not obvious. the group made reference to his jokes and 'catchphrases', and his off the wall sense of humour. i do not know if his sense of humour is related to his disibilty.

i can of course see how this can be read, although i do know he (mr x) was genuinely liked by other members of staff- of course, i realise this is not exactly something which can be proved.

ChrisCobra

These stupid "social networks" and work do NOT mix , its almost funny the amount of people who have been sacked because of it is crazy.

gizmo111

Why on earth would someone want to start a a group like this, and why would people want to join, unless they have been bullied by the originator who is the fast tracked senior manager?

Louise22

What a generally horrible and pointless thing to do. I am all for banter in the workplace, but that just seems pointless and completely not funny. I have known of people of have lost their jobs because of this - hardly seems worth it. If I found a page about me on the internet I would be raging. Just because you dont think something is offensive, doesnt mean others wont.

sjaypink

johnwallace wrote: »

can you not make the site vanish?
JW

the group on the social networking site had been inactive for many months anyway, but the company had already gained copies of its content prior to the start of the investigation

hayley11 wrote: »

Well i'm sorry but if you get fired then you've nobody but yourself to blame. What a horrible thing to do. Obviously you were saying unkind things, otherwise what was the point?

On a more helpful note, why not contact ACAS and ask them where you stand?

i know it was long, but not sure whether you read the op?

there was genuinely nothing horrible/ unkind said on the group. i appreciate it may not appear that way, but such a group was not unique to mr x. several of the staff there use (or used to use) networking sites to set up similar groups about eachother etc. perhaps if mr x had been a member of the site he would have been involved in this also...

to clarify, this is not my job/ disciplinary being discussed. i am asking on behalf of a friend

i dont know who acas is, but will google, thanks for the suggestion