Suspended for facebook comment.

Suspended for facebook comment.

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BrabusMog

20,180 posts

187 months

Thursday 28th May 2015
quotequote all
Troubleatmill said:
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.
This was happening years ago, I was unable to hire someone at an old company because someone from HR that fancied themselves as a bit of an amateur detective found some mildly offensive comments posted in his "Religious Views" section. And this is before every man and his dog was signed up.

Sheepshanks

32,799 posts

120 months

Thursday 28th May 2015
quotequote all
Troubleatmill said:
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.
Or post in false identity / nickname - my wife posts as our cat.

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
Should have heard something today, union hasn't heard anything... this is driving me potty now

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
Just phoned the union at 4pm. Apparently it's going to a disciplinary and I should receive a letter. The union still does not know what they're accusing me of, the person who held the investigative meeting last week didn't know (or wouldn't tell me) what I was accused of.

The union feels very, very strongly what they are doing is wrong and i'll have the head of the union going in with me. The senior (very senior, he/she has alot of influence but to name his/her exact position might identify him or her incase anyone was looking) manager who suspended me also feels very strongly against it, he/she was forced to do so by somebody higher up in the company.

The union is of the opinion that someone higher up in the company is determined to take this as far as they legally and technically can to make an example out of me due to external pressure. Whether that's from the other company or because the company's serious position with the traffic commissioner I don't know.

Everyone that i've spoken to that knows the full facts of this believes it's totally disproportionate and unfair. The manager that suspended me would normally be fully responsible for the whole process and as i've previously said he/she would have taken no action other than informally speaking to me, but this is being pursued by somebody higher up.

Edited by folos on Monday 1st June 17:39


Edited by folos on Monday 1st June 17:39

Eric Mc

122,051 posts

266 months

Monday 1st June 2015
quotequote all
Oh dear - worser and worser.

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
Eric Mc said:
Oh dear - worser and worser.
I have no idea why i'm still suspended, now the investigation is over there should be no reason why I can't return to work and they can arrange a disciplinary. Unless of course i'm now suspended pending dismissal, I guess i'll have to wait for a letter tomorrow.

ecs

1,229 posts

171 months

Monday 1st June 2015
quotequote all
folos said:
Eric Mc said:
What compelled you to post anything on Facebook?

What was your motivation?
Just to show friends in the industry the sort of things we have to put up with. Obviously it backfired.
Send it via WhatsApp next time...

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
ecs said:
Send it via WhatsApp next time...
there won't be a next time, it was an isolated and stupid mistake.

Jasandjules

69,922 posts

230 months

Monday 1st June 2015
quotequote all
folos said:
there won't be a next time, it was an isolated and stupid mistake.
With respect, I would suggest you look for another job NOW. If you can find one and string out the process, all the better so you can hand in your notice.

I say this regardless of the legal rights and wrongs (which I won't go into at this point).

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
Jasandjules said:
With respect, I would suggest you look for another job NOW. If you can find one and string out the process, all the better so you can hand in your notice.

I say this regardless of the legal rights and wrongs (which I won't go into at this point).
I'm lucky in that I have quite a few contacts in the local industry and I won't have any problems finding another job very quickly. However, if I did start working for them before this was over and IF it did go down to a verbal warning or similar i'd definitely lose my job for driving professionally for another company.

Jasandjules

69,922 posts

230 months

Monday 1st June 2015
quotequote all
folos said:
I'm lucky in that I have quite a few contacts in the local industry and I won't have any problems finding another job very quickly. However, if I did start working for them before this was over and IF it did go down to a verbal warning or similar i'd definitely lose my job for driving professionally for another company.
If you resign before proceedings are undertaken your notice can be given on the understanding that the company takes no further action in relation to any alleged misconduct.

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
Jasandjules said:
If you resign before proceedings are undertaken your notice can be given on the understanding that the company takes no further action in relation to any alleged misconduct.
Spoke to the union chairman again, he was adamant and spoke in no uncertain terms that I am not going to be sacked. If they give me any kind of warning it'll be appealed and taken all the way.

I just feel like i'm in limbo - i'm 100% sure that the company doesn't want to go through with anything but are being pressurised by the other company and their situation with the traffic commissioner so have no choice. That's the worrying thing. Either that or the person pushing this is trying to save their own skin.

allergictocheese

1,290 posts

114 months

Monday 1st June 2015
quotequote all
You should pressure them by posting on Facebook that they're a bunch of tts.

Jasandjules

69,922 posts

230 months

Monday 1st June 2015
quotequote all
folos said:
Spoke to the union chairman again, he was adamant and spoke in no uncertain terms that I am not going to be sacked. If they give me any kind of warning it'll be appealed and taken all the way.

I just feel like i'm in limbo - i'm 100% sure that the company doesn't want to go through with anything but are being pressurised by the other company and their situation with the traffic commissioner so have no choice. That's the worrying thing. Either that or the person pushing this is trying to save their own skin.
With all due respect to your Union Rep, he is not in control of whether or not you are dismissed.

And furthermore, again, with respect, I have spent many hours dealing with cases that have been f***ed up by Union Reps. He may well be right, but he might be wrong. There is already case law of an employee summarily dismissed for postings made on facebook, this has been upheld as a lawful termination.

ETA - does your firm have a "Social Media" policy at all?

Edited by Jasandjules on Monday 1st June 21:49

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
Jasandjules said:
With all due respect to your Union Rep, he is not in control of whether or not you are dismissed.

And furthermore, again, with respect, I have spent many hours dealing with cases that have been f***ed up by Union Reps. He may well be right, but he might be wrong. There is already case law of an employee summarily dismissed for postings made on facebook, this has been upheld as a lawful termination.

ETA - does your firm have a "Social Media" policy at all?

Edited by Jasandjules on Monday 1st June 21:49
Thanks for the honest advice.

And no, the social media policy was brought in the day after I was suspended.

folos

Original Poster:

900 posts

143 months

Monday 1st June 2015
quotequote all
The only reason they're pursuing this is because the other company got hold of a screenshot - sent upwards by a driver/manager of theirs who does not like me at all. The photo clearly shows their vehicle is parked awkwardly and unattended. My vehicle is also parked awkwardly - but only to access the kerb due to the obstruction and other parked cars, I wanted to take the photo to document their obstructive parking and pass it on to the company with an incident report.

If the photo had not been obtained by the managing director of the company and passed onto the managing director of my company nothing would have happened at all. The other company has complained purely to cause trouble (this isn't conjecture - they are looking to cause us issues with the traffic commissioner)

If it had been seen by a manager of my company without the other company's knowledge - nothing would have happened other than being informally advised that it's not a good idea to put images like that online.

I'm aware that they could technically accuse me of gross misconduct, but i'm just being used as a pawn in a battle between two companies. All previous contact between the two companies has been through solicitors, in this case the MD felt it necessary to email his complaint directly.



Edited by folos on Monday 1st June 22:13

folos

Original Poster:

900 posts

143 months

Tuesday 2nd June 2015
quotequote all
Just had a phonecall (14:20) from the union chairman to say they want to to the disciplinary tomorrow at 11am. They're not changing his work schedule so he'll arrive at the depot at 10:50am.

He said he knows as much as me, still doesn't know what i'm accused of or what the disciplinary hearing is looking into. Still doesn't have all the evidence (I haven't seen the complaint email). No letter in the post today notifying me and giving me time to prepare.

If they were going to dismiss me I would have thought they'd be following proper process to the letter..

ewenm

28,506 posts

246 months

Tuesday 2nd June 2015
quotequote all
Presumably you are carefully documenting all this somewhere other than PH?

Foliage

3,861 posts

123 months

Tuesday 2nd June 2015
quotequote all
folos said:
Just had a phonecall (14:20) from the union chairman to say they want to to the disciplinary tomorrow at 11am. They're not changing his work schedule so he'll arrive at the depot at 10:50am.

He said he knows as much as me, still doesn't know what i'm accused of or what the disciplinary hearing is looking into. Still doesn't have all the evidence (I haven't seen the complaint email). No letter in the post today notifying me and giving me time to prepare.

If they were going to dismiss me I would have thought they'd be following proper process to the letter..
If your work hasn't notified you directly either in writing or verbally, don't turn up. If you haven't already done so read this https://www.gov.uk/taking-disciplinary-action and the ACAS guidelines.

lots and lots of things being breached here by the sounds of it, the acas stuff is guidelines but it should really be getting followed. It may be worth having a quiet word with a senior manager to advise them that 'x' is putting the company at risk, always try to spin what you say to sound like you have the best interest of the company at heart, you gotta play the game, it may make you want to go have a shower but saying what you want to say but how they want to hear it is the best course of action in a lot of these cases.

I'm currently having some challenges at work and by simply saying a certain thing, being enthusiastic about a certain topic and being very careful to use terms that make it sound like 'we are all in it together' and step away from the 'us and them', I've thrown the cat amongst the pigeons and taken the spotlight from me and placed it firmly on the guy who has brought the issue forward. And as always it sometimes better to not say anything at all.

Edited by Foliage on Tuesday 2nd June 15:03

Jasandjules

69,922 posts

230 months

Tuesday 2nd June 2015
quotequote all
folos said:
If they were going to dismiss me I would have thought they'd be following proper process to the letter..
You would be surprised at what some companies do, even large ones with massive HR departments.

However, you could inform HR (via email) that you are concerned that there is no evidence or information for you to prepare any defence at any such hearing in breach of the case of Price.

Realistically, if you have no letter inviting you to a meeting which sets out what is happening then they have a problem in terms of the lawfulness of the dismissal. That said, would you be willing to take them to Tribunal?