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robinsky
06-02-14, 20:05
Hello,

I wanted to ask a question on here about a situation I am experiencing at work (some may already be aware).

Basically, I have received a letter, accusing me of making serious comments on a social media website, which I did not, but have been warned by others that I may have a hard time upholding this, which I understand.

My TU rep has been given a verbal indication of the comments and he says he has seen nothing there that causes him concern and also that the majority of the really nasty comments came from other people in this conversation I supposedly had.

Also, looking at the employment policy on bullying and harassment, I believe that they have not followed procedures and am finding some serious loopholes on the part of the complainant but more on the side of the employer in this case.

I have an interview next week but I have had to delay it twice. Once because I was on stress leave (I got to the point of almost making desperate choices but thankfully did not and I hope nobody else has to find themselves in this position and if they did, I'd say please don't do anything desperate) and the other was because I went to the hospital, which was today, so it has been rescheduled for next Thursday.

At the moment, with so many loopholes I suspect I have found, I am very reluctant to go into any meeting and believe this merits further investigation to act as a defence on my part. Am I right in thinking that companies who do not follow procedure are opening themselves up to trouble if they do not follow the procedures properly?

Of the comments made, I deem myself only one I supposedly said to be of any serious consequence and even then, my TU rep couldn't see anything there that concerns him. He also said the majority of the comments were not made by me (which is evident from the social media transcript). If anyone wants to know what the comments were, please PM me because I am really keen to get advice from anyone, especially those who have specialist knowledge in this area.

Thank you for your help. As you can see, its been a very stressful time for me and just want a resolution to this nightmare now, if I am being honest because I have been through every emotion possible and it has taken a serious toll on my mental health and wellbeing.

Regards

Zeitgeist
06-02-14, 21:33
First step in any of this is be calm, you will feel emotional but at this point that won't help.

You are entitled to have your trade union rep present at any meeting that has to do with discipline to represent you. Use this, if you are struggling with anxiety you will not be your best defence.

If the have messed up the procedure and then dismiss you this can be taken to tribunal and this will find in your favour and by not following procedure any settlement is likely to be increased.

Social media is a real issue these days as people can read all sorts into nothing, think about whether this is a one off or whether it is part of something wider if so it may well fall under bullying and harassment policy, if it does make a complaint, the organisation are duty bound to respond to this or commit further breaches in procedure.

Be very clear as to your condition and any part it may have had to play in the circumstance, you have legal protections, make use of them. Also any behaviour from others that may have contributed to the situation.

I am happy to help so please PM if you would like to as I can help then with more detail.

Annie0904
06-02-14, 21:43
Your trade union can go to the meetings on your behalf if you feel it will be too stressful for you. If you want any further advise then you should contact ACAS http://www.acas.org.uk/index.aspx?articleid=2042

robinsky
06-02-14, 21:58
Yes I believe it might be a good idea to contact ACAS though I don't think mentioning I have a rep would be a smart move.

Annie0904
06-02-14, 22:02
It is fine to mention to ACAS that you have a rep, they would advise you to contact your union. Or do you mean mentioning it to work? They can't do anything about that, it is your right to have a representative.

Zeitgeist
06-02-14, 22:14
It's the law, they have to make you aware that you can have a representative present, in writing, before any disciplinary

robinsky
06-02-14, 22:47
I have told my rep the whole sorry episode of what has happened and from his view, he is not convinced the comments are anything to be concerned about. Even the individual conducting the disciplinary is on the same line of thinking, likening it to playground tittle tattle.

The outlined policy certainly hasn't been followed here and depending on what my rep says, we'll just have to wait and see because there is absolutely no way I will attend a meeting without my rep present. I don't care how long it needs to be delayed for.

I would like to speak to a law expert on this but maybe in the meantime, ACAS can maybe help. Is their advice free or do you have to pay? Don't know much about them.

Thank you.

Zeitgeist
06-02-14, 23:02
ACAS are law experts and free. EHRC also provide great advice online.

gypcyg
06-02-14, 23:50
When you joined your union you should've been given a phone number for you to ring if you ever found yourself in a situation such as this. Make sure you ring this number - your rep might not be up to scratch so it's worthwhile getting another trained union member to help you.

I would also:
- record all my conversations from now.
- keep all relevant documentation.
- ask the company for all accusations to be written down.
- refuse to answer any of their questions until they have supplied you with a list of accusations and all records of any investigations undertaken.
- make sure that you write the company a letter explaining why you feel harassed and bullied by these ridiculous accusations (give a copy to the union).
- do not be cowed by them - stand your ground and make sure your voice is heard (don't be aggressive or belligerent though).

Good Luck.

nomorepanic
07-02-14, 00:30
Try this website - they are very helpful

http://www.legalbeagles.info/forums/forum.php

jcd_gad
07-02-14, 13:01
Hi,

I work in IT i've dealt with this stuff in the past and i've been involved in writing our policy...

1 - what were the circumstances
2 - where you on a work computer
3 - did you ts and cs of employment point you towards an acceptable use policy
4 - which social media site was it?