General Advise Needed
21-05-2009, 01:17 PM
#1
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Thread Starter
General Advise Needed
Guys and Girls,
A bit of advise is needed, here's the story.
My girlfriend called me up today sounding quite troubled which usually worries me a bit!
She took last sunday off 'sick', called in and spoke to the right person who acnoloeged it etc.
Today while at work they pulled her into the office with a print out of her face book page. At around 6PM she set her status "Having a nice glass of wine with Chriss" (Chriss is her step mum).
They questioned what was wrong with her on sunday and apparently the manager who pulled her in and a senior manager are having a meeting about it later today.
I spoke to a friend of mine (ex manager) who told me this..
"under current employment law, they would require physical proof that
she was deliberately misleading the company (her line manager) in
order to dishonestly warrant sick leave. (paid or otherwise) As
facebook could be used as pure conjecture, they have absolutely no
leg to stand on. On the contrary, her updates are protected (loosely)
by the data protection act, therefore the company would be in breach
to use such data in and disciplinary hearing without her consent. If
anything she could take them to the cleaners for even suggesting
it..."
She wanted to make her excuses and leave but i've asked her to stay at work until shes ask to leave, and if she is asked to leave make notes on the reasons why.
To be honest i'm guessing some prick on her friends list as mentioned it to a manager and the managers asked them to print it off.
Shes had hassle from them before and i'd love the chance to take them to the cleaners over something as stupid as this.
For those who are senior in a company what are you opinions?
Much appreciated..
A bit of advise is needed, here's the story.
My girlfriend called me up today sounding quite troubled which usually worries me a bit!
She took last sunday off 'sick', called in and spoke to the right person who acnoloeged it etc.
Today while at work they pulled her into the office with a print out of her face book page. At around 6PM she set her status "Having a nice glass of wine with Chriss" (Chriss is her step mum).
They questioned what was wrong with her on sunday and apparently the manager who pulled her in and a senior manager are having a meeting about it later today.
I spoke to a friend of mine (ex manager) who told me this..
"under current employment law, they would require physical proof that
she was deliberately misleading the company (her line manager) in
order to dishonestly warrant sick leave. (paid or otherwise) As
facebook could be used as pure conjecture, they have absolutely no
leg to stand on. On the contrary, her updates are protected (loosely)
by the data protection act, therefore the company would be in breach
to use such data in and disciplinary hearing without her consent. If
anything she could take them to the cleaners for even suggesting
it..."
She wanted to make her excuses and leave but i've asked her to stay at work until shes ask to leave, and if she is asked to leave make notes on the reasons why.
To be honest i'm guessing some prick on her friends list as mentioned it to a manager and the managers asked them to print it off.
Shes had hassle from them before and i'd love the chance to take them to the cleaners over something as stupid as this.
For those who are senior in a company what are you opinions?
Much appreciated..
21-05-2009, 01:48 PM
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21-05-2009, 01:49 PM
#8
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technically, the second she would have stopped working that day was the last time they can dicipline her for. all she has to say is that she was feeling fine by then so thats why she came in on the monday!
a guy at work was off sick for 2 weeks here where i work, then got caught playing in the sunday football league, he was in on the monday and got a bollocking but he argued that as he came in on monday, technically friday was the last working day and he felt better on the saturday. the argument being that he was ok to work on the sunday, but work was closed. similar situation here although closer time frames.
as long as your missus went in the next day then from a minute past when she was scheduled to leave, then work cannot do anything about it. i.e. if she should have finished at 4pm, but the update was at 6pm, then she was not scheduled/meant to be at work then, so she could argue that she felt better so she could have a glass of wine. its not saying she went on a bender, just a glass...
a guy at work was off sick for 2 weeks here where i work, then got caught playing in the sunday football league, he was in on the monday and got a bollocking but he argued that as he came in on monday, technically friday was the last working day and he felt better on the saturday. the argument being that he was ok to work on the sunday, but work was closed. similar situation here although closer time frames.
as long as your missus went in the next day then from a minute past when she was scheduled to leave, then work cannot do anything about it. i.e. if she should have finished at 4pm, but the update was at 6pm, then she was not scheduled/meant to be at work then, so she could argue that she felt better so she could have a glass of wine. its not saying she went on a bender, just a glass...
21-05-2009, 02:53 PM
#10
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Thread Starter
Exactly lol, i've given her a text with all my advise. Problem is most of the people who work there are of a similar age (early 20's), and many of the girls don't realise what rights they have and how to deal with themselves in these sorts of situation.
I'm in agreement with having work collegues on your FaceBook, definitely a no go unless you are generally friends with them.
I've got facebook on my iPhone, if i feeling like going on it while blasting a hole in the side of the toilet why can't i?
I think those who think they have the power take it a bit too far, i've told the girlfriend to mention they are stalking her lmao.
Thanks for the posts guys..
I'm in agreement with having work collegues on your FaceBook, definitely a no go unless you are generally friends with them.
I've got facebook on my iPhone, if i feeling like going on it while blasting a hole in the side of the toilet why can't i?
I think those who think they have the power take it a bit too far, i've told the girlfriend to mention they are stalking her lmao.
Thanks for the posts guys..
21-05-2009, 03:00 PM
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21-05-2009, 03:12 PM
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21-05-2009, 05:46 PM
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So if you finish work at 4, feel rough at 6, can you take day off as sick? 
Posted couple hours after working day finished, can't help when you recover from an illness...
Posted couple hours after working day finished, can't help when you recover from an illness...
21-05-2009, 05:47 PM
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bitter work colleagues and the internet are a terrible combination!
back in the day working at halfords, i had a sickie on the saturday, but went to a car show on the sunday, nothing wrong there i thought...
....until i went in on the monday and saw a picture of me and my car plastered as the screensaver on every single halfords computer
turned out 1 of the lads there who wanted more hours but couldnt have them saw me at the show, changed the date in his camera settings, took pictures of me there, and ran back to put em on photobucket and send the links to the boss as fast as he could to grass me up lol.
end result boss man wanted me to admit to something i didnt do but wouldnt believe me, said he was gonna fire me, i realised after a while its only bloody halfords, so filled my pockets with some tools and quit and ran
that lad still works at halfords, 7 years on, hes 25, operating the till, so even after gettin me the boot, he stil never got himself up the company ladder lol
back in the day working at halfords, i had a sickie on the saturday, but went to a car show on the sunday, nothing wrong there i thought...
....until i went in on the monday and saw a picture of me and my car plastered as the screensaver on every single halfords computer
turned out 1 of the lads there who wanted more hours but couldnt have them saw me at the show, changed the date in his camera settings, took pictures of me there, and ran back to put em on photobucket and send the links to the boss as fast as he could to grass me up lol.
end result boss man wanted me to admit to something i didnt do but wouldnt believe me, said he was gonna fire me, i realised after a while its only bloody halfords, so filled my pockets with some tools and quit and ran
that lad still works at halfords, 7 years on, hes 25, operating the till, so even after gettin me the boot, he stil never got himself up the company ladder lol
Last edited by RSandy; 21-05-2009 at 05:58 PM.
02-06-2009, 04:54 PM
#19
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Thread Starter
Update - 02/06/09
I got a text from the girlfriend today, shes recieved a letter by her employer stating a disiplinary hearing will be taking place at the end of the week. It also states on the letter that an act of idshonesty could lead to a termination of her contract.
Where does she stand? What action can she take?
I got a text from the girlfriend today, shes recieved a letter by her employer stating a disiplinary hearing will be taking place at the end of the week. It also states on the letter that an act of idshonesty could lead to a termination of her contract.
Where does she stand? What action can she take?
02-06-2009, 05:01 PM
#21
they cannot prove one way or another, If I put "i have a date with Cheryl Cole" on FB account it doesnt mean I actually have.
If it was me I would kick up a fuss at the fact it has even gone to a discaplinary hearing, when she should have be gven a "back to work" interview, once returnng from illness.
best bet is to get down to the citizens advice centre, they will be avle to advise you and should the worst happen advise you of how to claim unfair dismissal
If it was me I would kick up a fuss at the fact it has even gone to a discaplinary hearing, when she should have be gven a "back to work" interview, once returnng from illness.
best bet is to get down to the citizens advice centre, they will be avle to advise you and should the worst happen advise you of how to claim unfair dismissal
02-06-2009, 06:50 PM
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02-06-2009, 08:05 PM
#28
Legend
Who's to say she isn't telling porkies to everyone via her facebook?
She could just as easily have been getting a Sunday Roasting from some other dudes and lied to everyone about where she was.
Tell her to stop advertising her life on the internet although there will be a huge amount of irony in you telling her that.
She could just as easily have been getting a Sunday Roasting from some other dudes and lied to everyone about where she was.
Tell her to stop advertising her life on the internet although there will be a huge amount of irony in you telling her that.
02-06-2009, 08:14 PM
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she doesnt work for B&Q by any chance does she ?
my missus does and suffers with IBS , she has had a letter written by her specialist but they wont accept it and she is now on her final written warning for her absence !! theres fuck all we can do bout it .
seriously bud , get yourself down to citizens advice as soon as poss , just to find out where you stand with this one .
my missus does and suffers with IBS , she has had a letter written by her specialist but they wont accept it and she is now on her final written warning for her absence !! theres fuck all we can do bout it .
seriously bud , get yourself down to citizens advice as soon as poss , just to find out where you stand with this one .
02-06-2009, 08:24 PM
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imo go with her to the meeting/discipline...... they should not refuse this as its legal?! then rip them a new arse statng its pure conjecture, ask how they can prove this is evidence you'll be walking out in no time. Or you will have a superb case for unfair dismissal. You could record it too i guess....
02-06-2009, 08:28 PM
#31
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02-06-2009, 08:37 PM
#32
If they're following regular company policy she'll get a first written warning, and told not to do it again. If she wants the job she'd be best to politely explain what happened, but state that she appreciates how it must look from their point-of-view.
If they do sack her on the spot (which I very much doubt they will, as what she did can hardly be classed as gross misconduct), then I would suggest she has a very good case for wrongful dismissal, as it's not like she wrote "Took a sicky today har har up your bum bosses!"
If they do sack her on the spot (which I very much doubt they will, as what she did can hardly be classed as gross misconduct), then I would suggest she has a very good case for wrongful dismissal, as it's not like she wrote "Took a sicky today har har up your bum bosses!"
03-06-2009, 10:19 AM
#33
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[quote=Crowder;4187217]imo go with her to the meeting/discipline...... they should not refuse this as its legal?!quote]
Only an employee of the company or a Union rep
Only an employee of the company or a Union rep
06-06-2009, 01:11 PM
#35
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Thread Starter
Sorry its been a few days, been spending a lot of time with this situation.
She had her disciplinary hearing Friday (05/06/2009), and is now unemployed, they put it down to trust - saying they couldn't trust her anymore and gave her an instant dismissal.
There was a general employee meeting Thursday (04/06/2009) saying they need to make cut backs as their not making a lot of money in these financial times so are making every excuse and reason to sack people.
Contacting the solicitors Monday
She had her disciplinary hearing Friday (05/06/2009), and is now unemployed, they put it down to trust - saying they couldn't trust her anymore and gave her an instant dismissal.
There was a general employee meeting Thursday (04/06/2009) saying they need to make cut backs as their not making a lot of money in these financial times so are making every excuse and reason to sack people.
Contacting the solicitors Monday
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