Suspended from work. Advice needed.

hothothot_3

onlyforboards wrote: »

I can't imagine this standing at all providing the SN has enough length of service to be entitled to her rights.

Even if she said to her friend explicitly that the post of facebook referred to her job it is still not a sackable offense as to the public/other workmates on facebook it could mean anything.
Like others have said if she posted it during work she is in trouble, as she could be if her conversation with her friend was too negative (or untruthful, or using bad language, or perceived as bullying) about the company.

It could be sackable, many contracts I have seen include "actions that bring or COULD bring the name of the company into disrepute"

It does not matter what the real reason is why she was "fed up" or "wanted out", its up to a reasonable minded person to decide if they read or heard those comments if they could have brought the company in disrepute. Even by saying to the other member of staff she was fed up and wanted out - she has brought it into disrepute, if she said this in a place where its possible a parent could have heard, even more damaging.

remember she has been charged with gross misconduct so I am verging on believeing it is down to the companys image being tarnished.

Idiophreak

LittleMissAspie wrote: »

But according to the first post she didn't post about what was happening at work. She just said she was fed up. Didn't say what about.

As above, it's not clear whether she posted those updated during working hours - if so, it would be easy for someone to infer that she was talking about work.

onlyforboards_2

hothothot wrote: »

It could be sackable, many contracts I have seen include "actions that bring or COULD bring the name of the company into disrepute"

It does not matter what the real reason is why she was "fed up" or "wanted out", its up to a reasonable minded person to decide if they read or heard those comments if they could have brought the company in disrepute. Even by saying to the other member of staff she was fed up and wanted out - she has brought it into disrepute, if she said this in a place where its possible a parent could have heard, even more damaging.

remember she has been charged with gross misconduct so I am verging on believeing it is down to the companys image being tarnished.

A reasonable minded person could equally assume someone saying they are desperate for a holiday or, not wanting their holiday to end are passing comment on their working conditions.
Unless she has clearly stated work and her workplace can be clearly identified on her facebook it is a risky thing to sack someone over on its own.

auldblerk

DKLS wrote: »

Wow that seems harsh, when I worked at a council dept, every Thursday the office would grind to a halt when the internal job vacancies were distributed, followed an hour later when the local rags job pages would do the rounds of the office.

All of us were looking for something better.

Agreed, we all think the grass is greener on the other side, it is the nature of people.

auldblerk

LittleMissAspie wrote: »

But according to the first post she didn't post about what was happening at work. She just said she was fed up. Didn't say what about.


She could have been overheard in the pub or restaurant too. In fact it's more likely for a parent to be around and hear that, than a parent will be listening to a conversation between nursery colleagues during work time, or that they will be friends with the nursery staff on Facebook.

You know, when I read this bit, it put me in mind of Nazi Germany in WW2, no-one dare speak out about anything or anyone as walls have ears so keep it all bottled up inside and end up with a breakdown sometime in the future. Britain gone mad.

hothothot_3

auldblerk wrote: »

You know, when I read this bit, it put me in mind of Nazi Germany in WW2, no-one dare speak out about anything or anyone as walls have ears so keep it all bottled up inside and end up with a breakdown sometime in the future. Britain gone mad.

Godwin's law

perplexed.com

auldblerk wrote: »

You know, when I read this bit, it put me in mind of Nazi Germany in WW2, no-one dare speak out about anything or anyone as walls have ears so keep it all bottled up inside and end up with a breakdown sometime in the future. Britain gone mad.

You know I was just thinking the very same thing. So, regardless of how bad, dysfunctional or whatever the workplace is you have to keep quiet and go along with it? It might conceivably be better for the kids if this person were to complain about it in some way, the truth is we don't why she is disgruntled it may be reasonable ( ie the fault of the workplace) or idiosyncratic to her. We can't say she is definitely unprofessional or doesn't do her best for the children in her care. I sometimes moan about my place of work but I always do my best for my clients , it's the management/system I get frustrated with. Mind you I wouldn't go on facebook to say so.

bargainz

I think posting a message as being fed up is "HUMAN" we all get fed up and i believe your/her work would have a real hard job proving that her comment was related to work.
As for saying she "wanted out "this is a matter to take to supervision and can be discussed there if they pursue a disciplinary well thats what happens , but they CANNOT relate the two things just because they want to, that is nonsense.

SaintlyLinda

Hi , firstly apologys for not getting back to this sooner, and thanks for the debates.

In answer to a few of the issues raised.

Lisa (the name has already been changed to protect the innocent but cheers for the heads up :0P) has worked for the nursery for 7 years (since leaving school or not long after) and has never had so much as a verbal warning.

She is also the god mother to my daughter so i can put personal testiment to put rest any issues of her devotion to the kids. Believe me, this IS a woman you would want to look after your children.

The facebook status's were updated and 10pm and 11.20, outside work hours. The conversation with a collegue was during a lunch break in the staff room, away from the children.

There was no whining, no moaning - just a simple " im fed up working here and im looking for a new job" to a person she believed to be a friend, who told her boss what she had said.

Now I agree to an extent with bits of what has been said here. She shouldnt have voiced to her collegue that she wasnt happy and was looking for a new job (although i am CERTAIN i have done that more than a few times myself - probably at least once this week!)

What I was looking for was if anyone knew her legal standpoint on getting paid for the suspension, and whether the remarks to her collegue could be classed as gross misconduct.

auldblerk

Usually you get paid whilst suspended unless your contract deems otherwise. Gross misconduct usually means an extreme misdemeanour i.e. stealing from the Company or assaulting a Boss or Fellow worker.