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

Horace

Uncertain wrote: »

People post on this site for advice, not judgement!

Most of the responses to this thread are the latter.

Unless you have access to the Facebook (or whatever) page in question you can have no idea whether there is something quite awful or something so mild that only the most oversensitive person could take issue.

It is also possible that there is a real history here. OK, two wrongs never make a right but one can be real mitigation for the other.

Equally, there COULD be a "let's find a cable to trip over then sue" attitude for all we know.

The OP (or friend) has found themselves in a very difficult position. I imagine what they want is some positive advice about how to best limit the damage. Not a naughty child style telling off from people that don't know the full facts.

For your information I was expressing an opinion and as far as I recall my grandfather fought a war so that I could have freedom of speech. If you read the whole thread you will see that I have made references to various acts such as Harassment Act and the DDA - I know only too well what it is like to have a bullying boss who hates disabled people, I am severely visually impaired. I am looking at it from the victim's point of view and not the manager who deliberately set up a social networking site about a colleague without his knowledge.

Having read sjaypinks further posts about going off to look to see if mr x has his own facebook page to copy information that there - smacks to me of bullying like the friend in question thus adding to the problem - I merely asked why there is so much concern about the internal affairs of a company that has nothing to do with them other than the fact that the friend works for them. I think it is a perfectly reasonable question to ask!

Also if you want to have a go at me - feel free to send me a PM, you seem to think that you know about how I think, I have given advice to all sorts of people both from an employer's perspective, an employee's perspective, a union rep's perspective and a disabled person's perspective so I think my answers are a little more rounded than your own...also if you read I haven't mentioned suing anybody - I have said that if mr x wanted to bring a case (it would go to an employment tribunal) then he was within his rights to do so. So please get your facts straight before you start having a go at me!!

Most people who post here work for caring employers - who have proper policies in place - there are laws to protect people and therefore anyone who feels aggrieved about their treatment at work (or on a social networking site about them that has been set up without their knowledge) can submit a formal grievance to their employer, who will investigate and give their findings. It also helps when someone has been bullied/harassed to keep accurate records e.g. emails etc of who said what to whom on what day etc. etc - it is all evidence otherwise there is only hearsay. Most decent employers offer diversity training for staff so that they know how to treat, black, gay and disabled people.

I would also suggest that they contact ACAS for advice too https://www.acas.org.uk

onlyforboards_2

sjaypink wrote: »

eta: off topic i know.... but seriously does everyone in the country- apart from those in my town- work in offices? in a completely pc environment? genuine question because although i know such working practices should be in place, i have rarely been employed anywhere which enforces them lto the extent i gather from this thread that they should be enforced?! i think i have at least half a dozen compensation claims pending!

No, most offices I have worked in have been a hellholes of childish school yard behavior with management taking offense at anyone who just tries to do their job well without taking sides.
I wouldn't work in an office now unless I really had too; they make me brain dead!

I never understand why being respectful and polite to others gets labeled "pc".

sjaypink

Horace wrote: »

Having read sjaypinks further posts about going off to look to see if mr x has his own facebook page to copy information that there - smacks to me of bullying like the friend in question thus adding to the problem


....... It also helps when someone has been bullied/harassed to keep accurate records e.g. emails etc of who said what to whom on what day etc. etc - it is all evidence otherwise there is only hearsay. Most decent employers offer diversity training for staff so that they know how to treat, black, gay and disabled people.

with reference to your first point i know mr x has a page which contains (or contained) very similar banter (harrasment/ bullying?) about others...

...which leads me to your second point. i see no problem whatsoever in gathering that information which puts the situation into context in case further complaints are made, as you suggested they might

onlyforboards_2

sjaypink wrote: »

...which leads me to your second point. i see no problem whatsoever in gathering that information which puts the situation into context in case further complaints are made, as you suggested they might

I would wonder why your friend isn't doing it for themselves. If you work in the same work place it could easily be misconstrued as continued bullying.

sjaypink

onlyforboards wrote: »

No, most offices I have worked in have been a hellholes of childish school yard behavior with management taking offense at anyone who just tries to do their job well without taking sides.
I wouldn't work in an office now unless I really had too; they make me brain dead!

I never understand why being respectful and polite to others gets labeled "pc".

i think i came across wrong there. i was not saying it was wrong to be pc/ respectful, but until i retrained into a career that was totally geared towards that, i did not know such ways of working existed....!

i dont know whether i should be more amazed on how far the workplace has improved in recent years, or how many places in light of that still seem to be almost neanderthal

sjaypink

onlyforboards wrote: »

I would wonder why your friend isn't doing it for themselves. If you work in the same work place it could easily be misconstrued as continued bullying.

we dont work together, i have never worked for that company.

i just feel like i started the ball rolling by saying i would 'ask about the situation on this site i go on' (mse!), and now i realise there could be more problems, feel compelled to do what i can- i didnt think it a good idea to worry him by mentioning further action, and suggesting he gets evidence of others antics- which if he did, could, again, look really bad!... although i think after the hearing tomorrow i will explain what has been said here and leave the rest to him

Zazen999

If we could just go back to the original post.....that the company put a policy in place after the event and then are taking people through a disciplinary after signing the policy....if the letter had said that your friend was being disciplined because of breaking that policy, then he might well be able to argue that the policy was made after the event. However, the letter states a different reason for gross misconduct which means that the policy is just them reacting to a situation, rather than being the policy that this case rests upon.

I suspect they are following the disciplinary procedure to the letter and are being well advised; otherwise they might have slipped up at the first stage, which it looks like they haven't.

I wonder whether someone has complained or whether the management thought they would check people's networking sites; which you can't usually see unless you are part of the network of friends...so I suspect there has been a complaint.

ceridwen

sjaypink wrote: »

with reference to your first point i know mr x has a page which contains (or contained) very similar banter (harrasment/ bullying?) about others...

.

If that is the case - then I am surprised you didnt mention that fact originally - ie in order to make it plain that its a horrible workplace all round where EVERYONE gets at EVERYONE ELSE as the norm.....

- though that still wouldnt excuse your friend - as he DOESNT have this problem and IS management (therefore is obliged to be better behaved on two counts).

montyrebel

i got sacked for something similar, however I was making a few comments about the place I work, and it sounds the same to me. I was at a supermarket that ahs bright green uniforms

reheat

sjaypink wrote: »

its called helping a friend?

Which is a really good thing to do, so long as it's not also helping a miscarriage of ethics/justice. And if such help was counter to what's right, then you'd still have to help them, but help them to do what is right. Only you can be the judge of that.

sjaypink wrote: »

i detest the compensation culture in this country

Agreed.