Suspended for facebook comment.

Suspended for facebook comment.

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folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
Please do not name any of the companies involved if you can guess who they are, I am simply looking for advice about the possible outcome. Please do not quote this as I may want to delete it once i've got some replies.

I used to work for Company A as a bus driver, company A started a competitive bus route against Company B. Company B was previously owned by father of the owner of Company D.

While driving the competitive bus route, in a bus 'war' a small number of Company B drivers and representatives made spurious complaints about me to get me into trouble with Company A. All were proven false and over time were simply ignored.

I now work for Company C as a driver and have done for almost 4 years. In that time I have virtually no sickness record (2 sick days and one domestic absence) and one occasion I was late. I have no disciplinary record, no at fault accidents and no customer complaints.

Company D has now started a competitive bus route against Company C who I work for. Company C has previously been sanctioned by the traffic commissioner for anti-competitive predatory behaviour against rival companies.

One driver who previously worked at company B before it was liquidated now works for Company D, he has very serious personal dislike of myself and was one of the people responsible for trying to get me into trouble at Company A.

Yesterday I shared a picture on facebook - I was driving on a route that is facing competition from Company D, a driver of Company D had left their vehicle at a bus stop parked preventing me from getting past. The driver was on the other side of the road talking to a colleague. To remain where I was would have blocked all traffic behind me - they would have been unable to get past. I mounted the kerb (i'm aware this was a mistake) to pass the offending vehicle. After loading passengers I took a photograph of the offending vehicle and shared it to facebook. I won't repeat my exact wording, but it was in reference to the parking not stopping me from getting past. It was a poor choice of words and not intended to be inflammatory. Company D is not a professional company and "blocking" would be behaviour expected of them.

The driver who has carried forward his grudge against me from my time at Company A got hold of a screenshot of this post via another Company D driver that I was facebook friends with. He forwarded this to the managing director of company D who personally complained to the managing director of the company I work for.

I have now been suspended on full pay pending an investigation for bringing the company into disrepute by the MD. The poor choice of words I used on the post have been taken out of context and could be seen to have another meaning (that I was not going to let the parking stop me from overtaking their vehicle and allow me to pick up more passengers than them - and driving over the kerb enabled me to do this). It was merely intended as a light hearted post about the difficulties that competition on bus routes can cause.

I realised that the post was a mistake and deleted it less than an hour after posting it. The senior manager that interviewed and suspended me today has no influence on the investigation, but has stated that he is unhappy it is being dealt in this way - they stated that if it was up to them I would have been taken to one side and spoken to quietly to remove the post and do not mention anything about Company D in the future. They referenced my previous exemplary record and that i'm one of the best drivers there - an ambassador for the company (their words).

Company D has apparently reported this (among other perceived wrongs) to the traffic commissioner. Company C has to be whiter than white in all of this, any wrongdoing could lead to fines or loss of license(s).

I'm afraid that even though in the grand scheme of things my post was very very minor, it has been blown out of all proportion but as there is such a severe threat to the company I work for i'm afraid that i'll be made an example of.

I have union representation and the head of the union was with me at the meeting. He feels the company reaction is extremely over the top and out of proportion, but at the same time said they can deal with it how they see fit.

I would like to know based on what i've said what anyone with experience thinks the most likely outcome will be. I now have to wait until at least Tuesday before I hear anything, as my rest days next week are Wed/Thur it could be another week before I hear anything.

Edited by folos on Friday 22 May 12:35

phil-sti

2,678 posts

179 months

Friday 22nd May 2015
quotequote all
Have you admitted making the post?

You can be quite easily sacked for it and I'd make it as difficult as possible for it to be investigated. Bring up previous history between the drivers of company D and say this is concocted by them due to the route wars. Say that is photoshopped as you wouldn't be that stupid.

chibbard

1,554 posts

260 months

Friday 22nd May 2015
quotequote all
Are you sure "their vehicle at a bus stop parked preventing me from getting past" wasn't broken down. Therefore, unable to be moved? Facebook posting relating to your work is a dangerous game and unfortunately you have learned the hard way. All the best for getting things resolved !!

folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
chibbard said:
Are you sure "their vehicle at a bus stop parked preventing me from getting past" wasn't broken down. Therefore, unable to be moved? Facebook posting relating to your work is a dangerous game and unfortunately you have learned the hard way. All the best for getting things resolved !!
No it was not broken down. Once the driver had finished their conversation they continued on their way.

I've admitted that I posted it, I'm not a liar and it certainly wouldn't help me if I did.

Jasandjules

69,867 posts

229 months

Friday 22nd May 2015
quotequote all
Disrepute - it is subjective really. A lot will depend on what was said. Just explain your conduct. If push comes to shove though in your shoes I would ask to resign rather than be dismissed. Does the invitation to meeting state "Gross Misconduct" or similar and/or "may result in your dismissal"?!

jesta1865

3,448 posts

209 months

Friday 22nd May 2015
quotequote all
i'm not going to be much help, but i still can't believe that with all the people who have fallen foul of companies when they have posted about their own employer in some way they still have work people as friends on facebook. i flatly refuse, people ask why not, my answer is that it's my life not the companies

i also still can't understand why this is such an issue for the company that has suspended the OP, my answer would be 'we spoke to him it's been removed', now jog on you saddos (might not add the last part smile).

people are strange.

sorry said i wouldn't be any help.


folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
I haven't had an invitation to meeting. I was asked into a meeting this morning to my complete suprise. All I was told in relation to any alleged offence was that if looked at in a certain way it could amount to gross misconduct on a technicality.

My letter of suspension only references an investigation into my post on the Internet and I may be invited to a further meeting. I was told informally by the senior manager that they may look at it that way.

I feel as though I'm being thrown under a bus for a minor mistake as the company is in a position due to things that happened several years before I started employment with them.

jonah35

3,940 posts

157 months

Friday 22nd May 2015
quotequote all
If you have worked their over 2 years and have union representation I'd expect a formal warning

folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
jonah35 said:
If you have worked their over 2 years and have union representation I'd expect a formal warning
I just don't understand the need for suspension - as far as I understand removing an employee from the workplace it a very serious decision and not one taken lightly.

It was felt by both parties (manager and union rep) that it was out of proportion but it was totally out of each of their hands. It was commented that if up to them being taken to one side and asked quietly not to do it again would have been the most appropriate course of action.

anonymous-user

54 months

Friday 22nd May 2015
quotequote all
Did you get out of the bus to take the photo or take it from the driver's seat?

folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
desolate said:
Did you get out of the bus to take the photo or take it from the driver's seat?
I was fully out of the bus and standing on the pavement, the engine was switched off. I took it to document it with the intention of reporting it to my managers, the (very, very silly) mistake was putting it onto facebook. They take use of the phone with the bus running/inside the bus VERY seriously so I wasn't going to put myself at risk there.

It was commented I should have waited on the other side of the junction - blocking the road to everyone behind me - and taken the photo from there. I did think about waiting behind until the bus moved on but it would have made it look like I was trying to cause an issue instead of just moving around the parked bus using the central reservation (grass but at that particular spot it has been filled in with stones due to the amount of people using it to pass articulated buses waiting at the stop)

anonymous-user

54 months

Friday 22nd May 2015
quotequote all
folos said:
I was fully out of the bus and standing on the pavement, the engine was switched off. I took it to document it with the intention of reporting it to my managers, the (very, very silly) mistake was putting it onto facebook. They take use of the phone with the bus running/inside the bus VERY seriously so I wasn't going to put myself at risk there.

It was commented I should have waited on the other side of the junction - blocking the road to everyone behind me - and taken the photo from there. I did think about waiting behind until the bus moved on but it would have made it look like I was trying to cause an issue instead of just moving around the parked bus using the central reservation (grass but at that particular spot it has been filled in with stones due to the amount of people using it to pass articulated buses waiting at the stop)
what does procedure say about leaving the bus when it has passengers in it?

Can't see the posting of the photo being Gross Misconduct, maybe the associated comments could be.

Overall seems wrong to leave the bus if you don't have to and I have no idea why you would possibly want to post on Facebook about such an incident, but then I don't use Facebook.

folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
desolate said:
what does procedure say about leaving the bus when it has passengers in it?

Can't see the posting of the photo being Gross Misconduct, maybe the associated comments could be.

Overall seems wrong to leave the bus if you don't have to and I have no idea why you would possibly want to post on Facebook about such an incident, but then I don't use Facebook.
My accompanying words were "[they] left the bus parked even though it was running 10 minutes late, still didn't stop me from getting past hah"

The context of what I said was that despite the parking of the bus being such that it made it very difficult to pass I still managed to get around it.

The complaint has made the implication that I wanted to get past the offending vehicle no matter what in order to pick up customers before they could get to them with their vehicle. I believe that the company has also taken this view and I haven't had the opportunity to explain what my intentions were.

My intentions (although I now recognise them as foolish in light of the situation) were that as I have a number of (real) friends who are aware of the things that happened on the road during my time at company A - I wanted to show them the sort of things that are still going on with this new company.

Despite two employees of the competitive company making numerous comments on (they are former colleagues of mine hence why they were on my friends list) the photo - including a threat to gang up for a fight to "sort it out like men" - I did not comment any further. My sole comment was the one that accompanied the photo as stated above - and it's been given an implied meaning by other people that could be interpreted as bringing the company into disrepute.

Edited by folos on Friday 22 May 18:20

anonymous-user

54 months

Friday 22nd May 2015
quotequote all
Ok.

just check what the procedure for leaving a bus with passengers in it is.
And driving over a central reservation.



folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
desolate said:
Ok.

just check what the procedure for leaving a bus with passengers in it is.
And driving over a central reservation.
As long as the bus isn't left unattended (i.e abandoned) it's fine. I shouldn't have driven over the central reservation but at the time not blocking the road with my articulated vehicle seemed the preferred option (it was common practice prior to the competitive route if two or more of our vehicles (may have) ran late together on the same stretch of road)

Jasandjules

69,867 posts

229 months

Friday 22nd May 2015
quotequote all
desolate said:
Ok.

just check what the procedure for leaving a bus with passengers in it is.
And driving over a central reservation.
The issues at hand would appear to be the posting of the picture on facebook. The OP needs to confirm exactly what the Employer is seeking to investigate so he can formulate a defence.

folos

Original Poster:

900 posts

142 months

Friday 22nd May 2015
quotequote all
Jasandjules said:
The issues at hand would appear to be the posting of the picture on facebook. The OP needs to confirm exactly what the Employer is seeking to investigate so he can formulate a defence.
The investigation is into the posting of the picture (singular) and the associating comment as detailed above. Nothing else, that's literally it. If there were any more to this story i'd just have accepted what was happening to me and dealt with it myself. I just can't get my head around why this isolated incident warrants such an extreme reaction.


bearman68

4,652 posts

132 months

Friday 22nd May 2015
quotequote all
I don't think you have too much to worry about (easy said) - if you are a decent employee that has made a single mistake, I would imagine you'll get a slap on the wrist. Dismissal would bring it's own problems for the company, including the risk of an unfair dismissal claim.

All the best, it sounds like you are badly worrying about it. It will be OK.

davepoth

29,395 posts

199 months

Friday 22nd May 2015
quotequote all
bearman68 said:
I don't think you have too much to worry about (easy said) - if you are a decent employee that has made a single mistake, I would imagine you'll get a slap on the wrist. Dismissal would bring it's own problems for the company, including the risk of an unfair dismissal claim.

All the best, it sounds like you are badly worrying about it. It will be OK.
I think so too - the words with the picture don't sound anything like as bad as I would have expected for a disciplinary.

TurricanII

1,516 posts

198 months

Friday 22nd May 2015
quotequote all
I am no employment or law expert but if I were in your positing then I would think about this:

Is it clear to the whole world from your Facebook profile who you work for?
Is your Facebook profile open to the public (or is it 'friends only')?

If there are 'No' answers there then I would let my employer know that the Facebook page is limited to friends only and that you have never posted who you work for.

Did you include your own bus in the picture and did it identify your employer?

That might be tougher to mitigate.