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

sjaypink

Horace wrote: »

If your friend had been an employee of mine he would get sacked on the spot and I would help mr x bring a case against your friend.

to be fair, i think that would highly innappropriate given the wider circumstances. a sacking seems just.

if such a claim was aided by the employers then i would personally make sure that everyone at the company puts in a claim against the employers for allowing (even encouraging) racism/ sexism/ homophobe behaviour etc etc

not really a good idea. i think both my friend and the company will learn a lot from this, and hopefully a better work environment will then be available to all... but thanks for the input

Zazen999

My initial thoughts on this are that he is a manager and as such needs to treat people fairly, and the way they want to be treated......by setting up ANY sort of group of Facebook, without their knowledge OR consent, disabled or not, in 'appreciation' or otherwise of any member of staff, is sheer incompetence.

Horace

You asked the question about a reference - an employer may not say anything bad but if asked the question will say that that their employee was sacked for gross misconduct - they may take an easier option and refuse to give a reference.

I don't think that you should lay the blame totally on the company as they may not be aware of incidents of racism/homophobia or anything else - these only come to light if someone makes a formal grievance.

Setting up a social networking site about a work colleague is as bad as downloading !!!!!!. Your friend needs to grow up fast and learn what is and is not appropriate. Maybe some Diversity training might help.

sjaypink

Horace wrote: »

You asked the question about a reference - an employer may not say anything bad but if asked the question will say that that their employee was sacked for gross misconduct - they may take an easier option and refuse to give a reference.

I don't think that you should lay the blame totally on the company as they may not be aware of incidents of racism/homophobia or anything else - these only come to light if someone makes a formal grievance.

Setting up a social networking site about a work colleague is as bad as downloading !!!!!!. Your friend needs to grow up fast and learn what is and is not appropriate. Maybe some Diversity training might help.

yes, i do appreciate the stupidity here, truly. i also know, that these are the actions of individuals, and not directly the 'fault' of managers/ head office/ the company in general. i was just saying it is obviously not a wise idea as far as i can see, that the company encourage any further action by mr x, given the circumstances. however, just in case, im off to search out mr x's bebo page- see if i can print out any counter evidence in case anyone does try any compensation routes....:A

sjaypink

Zazen999 wrote: »

My initial thoughts on this are that he is a manager and as such needs to treat people fairly, and the way they want to be treated......by setting up ANY sort of group of Facebook, without their knowledge OR consent, disabled or not, in 'appreciation' or otherwise of any member of staff, is sheer incompetence.

he is a supervisor, not management, but yes, it is unproffessional.

i think part of the problem is that his personality, and most of those he works with, dont mind being treated like that- everythings a laugh, so it is almost impossible to them to understand how you cant do that with people, regardless of whether everybody does it. although, i do think the magnitude has hit him since hr were called in- it was then no longer just a laugh, obviously. oh well, at least thats one of them educated anyway

bitsandpieces

Horace wrote: »

You asked the question about a reference - an employer may not say anything bad but if asked the question will say that that their employee was sacked for gross misconduct - they may take an easier option and refuse to give a reference.

Or the employer may choose to detail exactly what happened. Depends on their policy and also potentially, to an extent, how they view the situation (do they see this as deliberate harassment and discrimination from an unrepentant bully, or a very stupid mistake in an otherwise good career). Even if fired, it's therefore worth your friend leaving on the best possible terms.

Setting up a social networking site about a work colleague is as bad as downloading !!!!!!. Your friend needs to grow up fast and learn what is and is not appropriate. Maybe some Diversity training might help.

Actually arguably worse. Downloading legal !!!!!! to view in private on a work computer is unacceptable, and very stupid, but may raise fewer legal issues than what could be viewed as harassment due to disability.

It's possible the company may agree to a warning, retraining etc. rather than firing, depends on how they view the situation and the company culture. Unfortunately, I think the Jobcentre can sanction your benefit (at least initially) if you're fired for gross misconduct; still worth your friend signing on ASAP if he is fired, though.

mrbecky1

Hiya,

After 2 years and 7 months with my employer and after being suspended for 4 months with full pay, I have been dismissed. The instigation of my disciplinary/suspension was because of a Facebook conversation. A worker from the company I was sub-contracted to downloaded it and made a complaint to my boss, hence the suspension!
The thread was made outside work, I did not mention work,a company or a person's name? Once, initials were mentioned, but they were of a friend on Facebook (outside work), but they were also the initials of the person who made the complaint (she was not even on my profile as a friend).
I was dismissed 'for some other substantial reason', finally on the 2nd July. I have a solicitor who will initially act for me on a 'no win no fee basis'.
My wish is to highlight publicly how unfairly I have been treated by my employer and sub-contractor. This is an unusual case, compared to 1 or 2 others we might have heard of lately regarding Facebook, as nearly all those individuals mentioned work/job title/or names of people and companies.
My assumption is, you or your friend especially, will be sacked because your visible association with your company and other employees?

Alan

reheat

sjaypink wrote: »

it is not excuses at all, i have come here to ask for advice as to whether this is a sackable offence, i dont want to see a friend lose their career, even their home maybe, without trying to check it out.

That I understand and accept wholeheartedly. Until very recently I've had many of the same worries, and it would be a very harsh price to pay.

sjaypink wrote: »

i know he has been stupid, he knows he has been stupid. he is ashamed and tbh i think will resign anyway even if he does manage to keep his job.

That speaks well for your friend. If he is genuinely remorseful for what he has done (not just for getting caught!?) then that might actually go well for him at a disciplinary. If the powers that be are convinced he has genuinely learned a lesson, and not just saying the right words for effect, it might tip things in his favour.

If he does get the chance to keep his job, then the most courageous and beneficial thing he might consider doing is to stick with it and ride out the storm. Allow him to work at trying to make things right. Prove to himself and others he has got what it takes, contrary to any earlier impression he may have given. If he resigns then he may look back in years to come and feel he just ran away. Staying may be much harder to face, but it might make looking in the mirror a lot easier .

If he's genuinely sorry for what he's done, then I wish him luck.

reheat

sjaypink wrote: »

he is a supervisor, not management, but yes, it is unproffessional.

i think part of the problem is that his personality, and most of those he works with, dont mind being treated like that- everythings a laugh, so it is almost impossible to them to understand how you cant do that with people, regardless of whether everybody does it. although, i do think the magnitude has hit him since hr were called in- it was then no longer just a laugh, obviously. oh well, at least thats one of them educated anyway

If he learns a bit of empathy for those different to himself then that's a good life lesson. And I'm not being sanctimonious - I'm in my 50s now, and was myself much less aware of other people's feelings in my younger days.

Horace

One wonders why sjaypink is so concerned and why he/she is involving him/herself in something that has absolutely nothing to do with them - yes, he/she claims to be acting for a friend but I am starting to smell a rat - why on earth would you want to check on whether or not mr x has his own social networking page or are you a bully like your friend?