Can facebook posts be used in a work disciplinary?
Discussion
Today I had to attend a disciplinary meeting regarding facebook posts. The posts in question were done via my mobile phone and the content not related to my job. My profile is set as private and only accesible by my 'friends'. A print out of my wall posts has been obtained and as I have none of my work colleagues on my friends list this must have been done by using someone outside of the company.
I assured my employers (who I do not list as employers on my profile) that the comments made were not related to my job or its employees but this seemed to fall on deaf ears.
The conclusion of this meeting was that I would hear a decision regarding possible dismissal within the next couple of days. Is this possible grounds for gross misconduct and subsequent dismissal?
I assured my employers (who I do not list as employers on my profile) that the comments made were not related to my job or its employees but this seemed to fall on deaf ears.
The conclusion of this meeting was that I would hear a decision regarding possible dismissal within the next couple of days. Is this possible grounds for gross misconduct and subsequent dismissal?
There is no company policy stating no use of facebook during working hours.....also my posts have been done in my break times.
As for who have I upset.....well I think this all stems from a personality clash with one of my colleagues (direct superior to myself). I believe that I'm more dispensable than they are and that this is the only way they can find to push me out of the job.
Feeling a bit stressed about the whole situation, so all advice much appreciated!
As for who have I upset.....well I think this all stems from a personality clash with one of my colleagues (direct superior to myself). I believe that I'm more dispensable than they are and that this is the only way they can find to push me out of the job.
Feeling a bit stressed about the whole situation, so all advice much appreciated!
davepoth said:
Definitely trial by combat.
Seriously though, you need to make them tell you exactly what the problem is. They have to do that according to the ACAS guidelines otherwise they'll be at risk of a big tribunal claim.
http://www.acas.org.uk/CHttpHandler.ashx?id=1043
Read this, learn it off by heart. Also you might ask them how they believe holding facebook posts that were made in your own time and don't mention your work at all falls within the legal framework of the Data Protection Act. Unless they can provide a good reason, they have no reason to have it.
Make sure you have someone in the meeting with you.
And read up on "Compromise Agreements". If the worst comes to the worst (and it sounds like it might) you need to be aware how to fk them good and proper.
The comment I made that seems to have offended was 'when all those around you are miserable bds just keep smiling' This as I pointed out was about an incident that had happened before I started work that day but as a friend then commented underneath 'you at work?' this supposidly implies I was talking about my work colleagues.Seriously though, you need to make them tell you exactly what the problem is. They have to do that according to the ACAS guidelines otherwise they'll be at risk of a big tribunal claim.
http://www.acas.org.uk/CHttpHandler.ashx?id=1043
Read this, learn it off by heart. Also you might ask them how they believe holding facebook posts that were made in your own time and don't mention your work at all falls within the legal framework of the Data Protection Act. Unless they can provide a good reason, they have no reason to have it.
Make sure you have someone in the meeting with you.
And read up on "Compromise Agreements". If the worst comes to the worst (and it sounds like it might) you need to be aware how to fk them good and proper.
Edited by davepoth on Tuesday 22 March 01:25
Thanx for the link..... I shall take a proper look tomorrow when my brain is less frazzled!
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