Suspension from work over 2 complaints received

[tickymicky]

I got into work today to be told that the company has received 2 complaints, and that they are suspending me on full pay whilst they are investigating the complaint.
I think it all stems from a post I put on facebook.Here is the post:-

So,a particular driver thinks my brother is talking all the time at Friar Lane does He?.Considering my brother cleans more buses than the other 2 cleaners,you are incorrect,and have failed to secure any brownie points.If you think you are clever being a grass, then read this......I am a bigger grass than you.You better be careful now, because I will be gunning after you.The slightest thing you do wrong, or fail to do, I will report you, and that includes failing to fill your defect card out correctly,or failing to record defects that I am aware of from previous days.BE WARNED,AND BE AFRAID.

I can only guess that the 2 complaints are from the other 2 cleaners.any advice would be greatly appreciated.

[jaguarsuk]

includes failing to fill your defect card out correctly,or failing to record defects that I am aware of from previous days.

So, whilst the complaints might not be upheld as malicious in that post you have dug yourself into a right hole if your employer spots this bit and thinks about it properly.

This could be construed as gross misconduct as you have knowingly allowed defects to occur/continue and not made the appropriate reports to have them rectified.

[tickymicky]

Jaguarsuk.it isn't me that has allowed the defects to carry on without doing anything about them.When I get a bus with a defect,I always record the defect stating "As reported yesterday", or "Same as previously reported" etc.The engineers allow the bus back on service the next day saying the bus is servicable.I do everything correctly by detailing the defects.They are issues like marker light out, 2 internal strip lights out, water filler door comes open whilst driving, coolant level alarm comes on even though the coolant level is full etc.

[jaguarsuk]

Jaguarsuk.it isn't me that has allowed the defects to carry on without doing anything about them.When I get a bus with a defect,I always record the defect stating "As reported yesterday", or "Same as previously reported" etc.The engineers allow the bus back on service the next day saying the bus is servicable.I do everything correctly by detailing the defects.They are issues like marker light out, 2 internal strip lights out, water filler door comes open whilst driving, coolant level alarm comes on even though the coolant level is full etc.

I used to work on the railway as crew and I know this sort of stuff happens, I also know the pressure you face to take the bus. If something was happening with the train moving over 5 miles per hour we used to get sarcy comments back like "unable to replicate defect on depot to investigate due to 5 mph speed restriction." I'm sure you get similar comments as opposed to them getting off their arse and coming out to find out what's happening.

The problem is that by taking it knowing it doesn't meet the requirements you put yourself in a position of taking a knowingly defective vehicle and if they (the employer) want to then they can make a meal out of it.

All I am saying is be careful because the person whom asses those comments might not be a manager familiar with working practices as they are to get the job done and base their opinions on how the job should be done by the rules. We both know that nothing would ever move anywhere if you did, but HR types don't think like that.

Are you in the RMT? If you are get on to your local rep to sort out someone accompanying you when they decide to do the fact find meeting.

[tickymicky]

Jaguarsuk,Many thanks for your input.I am in the Unite union, and a former chairman.I am aware of the case Witham V Club24 where an employee was dismissed for comments she posted on facebook.She won her appeal at the EAT.The comment I made was of my own opinion that the other 2 cleaners are not as dedicated as my brother..However,other bus drivers have chipped in with comments, that actually confirm what I am saying.
The engineers take a bus off service if it warrants a repair that they consider unservicible.However,if they consider replacing internal strip lights,exterior marker lights etc unimportant,then they will put the bus back in service.I suppose they have to consider "Would this defect be an m.o.t.failure"?
The comment I posted has not mentioned the names of the other cleaners(although there is only 3 here), neither have I named the company(although by reading my post it is obvious I am a bus driver), and the comment was my own personal opinion.Based on that,I cannot see where i have brought my employer into disrepute.

[jaguarsuk]

Jaguarsuk,Many thanks for your input.I am in the Unite union, and a former chairman.I am aware of the case Witham V Club24 where an employee was dismissed for comments she posted on facebook.She won her appeal at the EAT.The comment I made was of my own opinion that the other 2 cleaners are basically lazy sods.However,other bus drivers have chipped in with comments, that actually confirm what I am saying.
The engineers take a bus off service if it warrants a repair that they consider unservicible.However,if they consider replacing internal strip lights,exterior marker lights etc unimportant,then they will put the bus back in service.I suppose they have to consider "Would this defect be an m.o.t.failure"?
The comment I posted has not mentioned the names of the other cleaners(although there is only 3 here), neither have I named the company(although by reading my post it is obvious I am a bus driver), and the comment was my own personal opinion.Based on that,I cannot see where i have brought my employer into disrepute.

Do they have a social media policy? That could be very important.

I'm not the person to discuss employment law with, Ula or mariefab are much better placed to assist with the legalities and case law on the subject.

I was just chipping in because the rail and bus industries practices aren't a million miles apart and I have experience in rail.

[ULA]

How long have you been employed by the bus company?

Do they have a social media policy?

Has the suspension been followed up in writing with full details of the allegations?

[tickymicky]

I have been employed at the company for nearly 18 years.

I had one disciplinary around 5 or 6 years ago,over covering up illegally used, none compliant, none registered cctv cameras.In the eyes of the law, an offence did not occur as the cctv cameras were being used illegally, so I put a stop to their use after many failed attempts to get the employees social club committee to register the cameras.

The company do have a social media policy as such, albeit saying be careful what you post on social media.I don't believe I have brought the company into disrepute, I have just voiced my opinion, at my brother and against the other 2 cleaners.

I was asked to come down to the managers office and was told there and then that "We have received 2 complaints against you, so I am suspending you on full pay whilst those complaints are being investigated".

[tickymicky]

I have had no formal written confirmation that I have been suspended, just verbally.

[tickymicky]

A letter detailing my suspension was posted through my letterbox around 4 hours later.It alleges an incident of threatening behaviour and bringing the company into disrepute.It further states that the suspension does not give any indication that disciplinary action will be taken or a sanction awarded and does not form any part of the disciplinary process.

[ULA]

So the letter you have received has clarified the allegations which would appear to be as you suspected related to the Facebook post you made.

Have you been asked to attend a meeting as this is sometimes undertaken

as part of the investigation?

[tickymicky]

I had a phone call yesterday(friday),from the investigating officer at HR,who said they would be finished with their investigation,hopefully by the end of service on monday,so by monday evening or sometime tuesday,I will know wether I am to face a disciplinary or not.
According to Blake Morgan LLP, (a post on their website), it states "it is not a good idea for an employee to make derogatory remarks about their employer in the public domain,including social media".I never made any comments about my employer at all, it was a comment about an employee.

The same similar post on "Ask the Expert", saying There is no hard and fast rule what facebook posts would constitute grounds for disciplinary action".

One other post states "The key issue is wether the content of the post relates to the employers work or an employer".....It relates to neither.It actually relates to an employee......I think this charge will not stick.

The second charge is alleged Threatening Behaviour.There was no threat at all.It was a post stating that I would report a driver if they failed to fill out their legal document correctly.There were no threats of violence, or blackmail, or threats of criminal damage etc.Just a warning.A threat is only a threat "If the person receiving the threat is concerned that the act will be carried out".As there was no criminal intent, it is not a threat and comes under the Public Order Offence.

It's a matter as to wether the management believe me or not.Incidentally,when i said it was against an employee, it was from a company that is not owned by the company i work for, but by a director of the company i work for.Does that make any difference, as it is not an employee of company A.It is an employee of company B who is the owner of company B and a director of company A.

[ULA]

I would always err on the side of caution and say that making derogatory posts about an employer or an employee on any social media is really not a sensible thing to do and in this case it will come down to a determination by the investigating officer as to whether any disciplinary proceedings will be taken.

At the moment I think it is wait and see the outcome of the investigation and should the company decide to take disciplinary action then they will need to formally write to you setting out the nature of the allegations, documentation they are going to rely on and what may be the outcome if action is taken. At this point it will be clear as to what arguments, documentation etc you will be able to use in your defence at the meeting.

Let us know what happens and we can try and support you if further action is taken by your company.

[Setmefree3]

You said you posted on Facebook “I am a bigger grass than you.You better be careful now, because I will be gunning after you.The slightest thing you do wrong, or fail to do, I will report you, and that includes failing to fill your defect card out correctly,or failing to record defects that I am aware of from previous days.BE WARNED,AND BE AFRAID.”

that can be construed as a threat, on the basis of the end part and written in capitals.

[tickymicky]

After all the investigation was done,the charge of Threatening Behaviour was abandoned, and the charge of Staff Disharmony was created instead.
The charge of bringing the company into disrepute still stood, and I was disciplined for those 2 "Offences", to apepar before the Service Delivery Manager yesterday,(friday 27th July).
As well a sseveral documents, from solicitors, police forces, and a case study, I went in with the Union top man and presented my case.
The charge of bringing the company into disrepute was abandoned, due to what I produced, as well as using an excerpt from Witham V Club 24.
The charge of Staff Disharmony i accepted.And walked out with a 6 month warning.
It's not who you know, it's what you know.