Suspended for facebook comment.

Suspended for facebook comment.

Author
Discussion

glasgowrob

3,245 posts

121 months

Monday 25th May 2015
quotequote all
doh schoolboy error, deny deny deny everything unless your presented with cast iron evidence(in this case the only thing that would have sunk you would have been evidence of you making the post.


easy enough to have a facebook account that is in someone elses name. heck half of piston heads should copy your account lets see your work sort that one out.



tis the reason I personally have 2 facebook profiles. one public facing that my customers can see and one where dark Rob exists that only a select few can see where the solution for MLMs is summary execution at the roadside and suchlike.

folos

Original Poster:

900 posts

142 months

Monday 25th May 2015
quotequote all
Eric Mc said:
And is posting about your work on Facebook specifically banned as part of the company's rules?
Social media policy was brought in a day after I was suspended.

Eric Mc

122,032 posts

265 months

Monday 25th May 2015
quotequote all
That sounds a bit of making up the rules after the event.

On that basis I would be very certain that you had a good case for a wrongful suspension.

Does your employer have any sort of arbitration procedure (they should)?

Do you have access to a union representative (there are times when unions have a =n important role to play)

Are you properly "employed" i.e. not engaged in any sort of "self employment" arrangement?

folos

Original Poster:

900 posts

142 months

Monday 25th May 2015
quotequote all
Eric Mc said:
That sounds a bit of making up the rules after the event.

On that basis I would be very certain that you had a good case for a wrongful suspension.

Does your employer have any sort of arbitration procedure (they should)?

Do you have access to a union representative (there are times when unions have a =n important role to play)

Are you properly "employed" i.e. not engaged in any sort of "self employment" arrangement?
Yes to all, I spoke to the head of the union who went into the meeting with me before I was suspended.

However his attitude was that the company can deal with it how they see fit if they want to say it's gross misconduct.

Eric Mc

122,032 posts

265 months

Tuesday 26th May 2015
quotequote all
Not very helpful, is he.

For an employer to claim something was "gross misconduct" it would only be fair to its staff that it set out what it meant by "gross misconduct". Obviously, physical violence, abuse, theft etc would be self evidently "gross misconduct" but mesaaging is not so obviously a "gross misconduct" event - unless the company had already set it out as being "gross misconduct" in its internal rules for staff.

folos

Original Poster:

900 posts

142 months

Tuesday 26th May 2015
quotequote all
'Meeting' at 2pm tomorrow, not sure if investigatory or disciplinary. Union rep wouldn't tell me how he thought it might go, even off the record.. not sure if that's good or bad but there we go.

Gargamel

14,988 posts

261 months

Tuesday 26th May 2015
quotequote all
Well, best of luck with the meeting, your union rep sounds like a waste of space.

Apologies, let them know that your intentions were good, and you never considered the business angle, you were posting socially.

Lesson learnt, that you have read the "new" social media policy" and will be very certain not to repeat the mistake.

I would guess that they have looked into their position and have recognised that without a good policy in place they can't properly describe what you have done as misconduct.

I very much hope you get the outcome your employment record overall deserves.


Sheepshanks

32,769 posts

119 months

Tuesday 26th May 2015
quotequote all
glasgowrob said:
tis the reason I personally have 2 facebook profiles. one public facing that my customers can see and one where dark Rob exists that only a select few can see where the solution for MLMs is summary execution at the roadside and suchlike.
I don't think anyone who is an employee should use Facebook. Look at the 14yr Argos employee who got sacked for moaning about a bad day at work - but there was no reference to his employer on his page, Argos just decided that people who knew him would know where he worked.

Jasandjules

69,895 posts

229 months

Tuesday 26th May 2015
quotequote all
folos said:
'Meeting' at 2pm tomorrow, not sure if investigatory or disciplinary. Union rep wouldn't tell me how he thought it might go, even off the record.. not sure if that's good or bad but there we go.
There should be a formal notification inviting you to attend and setting out what the meeting is for. Has the rep asked for the evidence?

folos

Original Poster:

900 posts

142 months

Tuesday 26th May 2015
quotequote all
Jasandjules said:
There should be a formal notification inviting you to attend and setting out what the meeting is for. Has the rep asked for the evidence?
He said they want to get this over with as a matter of urgency, I was just told over the phone by the union rep to meet him 30 mins prior to the meeting at 1400 tomorrow.

I still don't know the official reason that i've been suspended.

The evidence is just a screenshot of my facebook post taken on a phone, and that's it.

Eric Mc

122,032 posts

265 months

Tuesday 26th May 2015
quotequote all
It seems to me that they aren't following correct disciplinary procedures.

It will be interesting to hear your report on tomorrow's meeting. That union rep sounds like a waste of space to me. Meeting only 30 minutes before you are hauled up before "the beak" is just not acceptable, to my way of thinking.

folos

Original Poster:

900 posts

142 months

Tuesday 26th May 2015
quotequote all
Eric Mc said:
It seems to me that they aren't following correct disciplinary procedures.

It will be interesting to hear your report on tomorrow's meeting. That union rep sounds like a waste of space to me. Meeting only 30 minutes before you are hauled up before "the beak" is just not acceptable, to my way of thinking.
I may be totally wrong but I get the feeling they know they've overreacted and want it to go away as quickly as possible.

BJG1

5,966 posts

212 months

Tuesday 26th May 2015
quotequote all
folos said:
I may be totally wrong but I get the feeling they know they've overreacted and want it to go away as quickly as possible.
Yep that's the impression I get. I think it would be strange for an employer in a unionised industry to get disciplinary procedure as wrong as this if they intend on the meeting being a disciplinary resulting in action.

Obviously don't get complacent but looks optimistic.

Jasandjules

69,895 posts

229 months

Tuesday 26th May 2015
quotequote all
folos said:
I still don't know the official reason that i've been suspended.
Ok. So no written invitation to any meeting, no mention of gross misconduct etc? Then it may be a rather less formal affair - however the union rep would indicate to the contrary.

folos

Original Poster:

900 posts

142 months

Tuesday 26th May 2015
quotequote all
Jasandjules said:
Ok. So no written invitation to any meeting, no mention of gross misconduct etc? Then it may be a rather less formal affair - however the union rep would indicate to the contrary.
Gross misconduct was mentioned informally at the suspension meeting as something the company could look to accuse me of.

folos

Original Poster:

900 posts

142 months

Tuesday 26th May 2015
quotequote all
Jasandjules said:
There should be a formal notification inviting you to attend and setting out what the meeting is for. Has the rep asked for the evidence?
Just read up on the process, don't think they're required to formally invite me to an investigative meeting which this must be. Looks like my misery may continue for a few more days yet..

StuTheGrouch

5,735 posts

162 months

Wednesday 27th May 2015
quotequote all
How did the meeting go OP?

folos

Original Poster:

900 posts

142 months

Wednesday 27th May 2015
quotequote all
StuTheGrouch said:
How did the meeting go OP?
Had the chairman of the union in with me who is very, very good. It was just an investigative meeting - he said he would be absolutely astounded if it went any other way than no further action. He said they've just made a knee jerk reaction and started a process that they can't stop.

He said IF they decided to *try* to take it down a disciplinary process there's no way they could follow through with anything as I haven't brought the company into disrepute - and there was no social media policy in place at the time. His exact words were "it's all a load of bks, if I were you i'd just take it as a few days free paid holiday and have a few beers at their expense".

The person who originally suspended me is on holiday until monday, and the investigating person has to report to him either way (he'll then allocate somebody to discipline me) - they haven't finished their investigation yet as CCTV etc hasn't been viewed, it started with me today.

Another point raised by the union chairman was that the letter of suspension had the printed name of the investigating person at the bottom and was also signed by that person - yet the person who actually took me in and suspended me was somebody else.




Troubleatmill

10,210 posts

159 months

Wednesday 27th May 2015
quotequote all
Fingers crossed it all works out for you.


But... dump Facebook apart from posting pictures of cute cats and the like..


I know of a few contacts whose role is it - is to scout out dirt etc - on prospective employees.
it is only a business that is going to grow over the years.

Eric Mc

122,032 posts

265 months

Wednesday 27th May 2015
quotequote all
Evil thing - Facebook.