Is this classed as Gross Misconduct ??

redlooney

Many thanks to the vast majority who have replied - you have helped enormously - to posters like Hammyman, you are the very type of poster who mess up a forum such as this, by posting such drivel.Try keeping to the spirit of the OP eh ?

heretolearn_2

I'd say that is well within the grounds of gross misconduct.

It's no different to her going to a blank billboard in the middle of Piccadilly circus and painting those words on it, and signing it at the bottom. Would she think that was a sensible or acceptable thing to do or that it wouldn't be gross misconduct? Silly girl.

The only thing she might be able to use is if they didn't advise her of her right to have a colleague or union rep attend the meeting with her.

Suarez

This is exactly the reason you shouldn't add work colleagues on Facebook

sho_me_da_money

I think the length of the conversation and content of the post is key here.

If what you said is true and the only thing she said is what you have previously described, I do not think she should be dismissed.

1. The reputation of the company isn't affected by those comments
2. There is no illegal comment made i.e. no breach of confidence

If she gets dismissed, then I think she would have a good chance at Trib.

See - Whitham v Club 24 t/a Ventura

Yea bishes!!!!. IT guys aren't just geeks.

stephent82

It is Gross Misconduct - 'Bringing the company into disrepute'. If the company is laying people off, I am sure that they will look at taking her job as firing someone is much more cost effective than redundancy.

If she is in a union, have her contact them. They will offer good advice regarding this.

If she is not in a union I would recommend;
1. Trail through her Facebook and delete every comment relating to her work. Better still close her Facebook account.
2. Draft a letter of apology. Do not give a reason for the behaviour, appologise and state her love for the company.
3. State that she was irresponsible and that she has taken steps to address the indiscretion.
4. Don't send the letter, have her take it with her to the meeting. Shee will need to judge if/ when to hand it over.

I come from this as someone who has dealt with [far worse] comments regarding the company I worked for. We always looked favorably on the humble employee... sad, but true.

meer53

I'm sorry but i agree with Hammyman. There's very rarely just one post involved on Facebook. What was the rest of the conversation as a result of her post ? The OP says "they were led to believe" that was the worst comment she made, how can you expect advice when you don't have the full story ?

Jarndyce

sho_me_da_money wrote: »

I think the length of the conversation and content of the post is key here.

If what you said is true and the only thing she said is what you have previously described, I do not think she should be dismissed.

1. The reputation of the company isn't affected by those comments
2. There is no illegal comment made i.e. no breach of confidence

If she gets dismissed, then I think she would have a good chance at Trib.

See - Whitham v Club 24 t/a Ventura

Yea bishes!!!!. IT guys aren't just geeks.

I don't agree. Firstly, that case is an employment tribunal decision which sets no precedent, and secondly, it involved a Facebook post far milder than this one. The only test that a tribunal will apply is "was the employer's action within the range of reasonable responses to the conduct complained of?". I would suggest that the answer to that question, in this case, would be yes.

magenta22

Never post anything about your place of work on a social networking site. Biggest rule in the book. It may not have been common knowledge and now people are worrying about their jobs. Sorry but she was very foolish especially if she named the company.

Uncertain

Jarndyce wrote: »

I don't agree. Firstly, that case is an employment tribunal decision which sets no precedent, and secondly, it involved a Facebook post far milder than this one. The only test that a tribunal will apply is "was the employer's action within the range of reasonable responses to the conduct complained of?". I would suggest that the answer to that question, in this case, would be yes.

I agree but, as I stated above, there is also the issue of how much of a principled stance the company will take or if they will look for a easy settlement of a forceful claim.

Darlyd

My cousin worked for next and posted a comment on their fan page, she was only trying to help someone with a problem, she agreed next customer services can be a tad bad sometimes, and she was also dismissed! She sought legal advice, and nothing she could do about it.