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Re: Facebook Photo
Two points to inform the employer off:
1 - If they refuse to name there source then you will assume they, the employer themselves, took to facebook and found the picture in an act of a predecided plan to discriminate you by using the image in an attempt to dismiss you when they have no evidence to prove that the photo was taken whilst you were off sick: therefore you will take legal action for discremination if they continue this vexatious disciplinary action.
and
2 - be it that if other employees are aware of this as a result of the employer or a representative of the employer breaching confidentiality of the disciplinary procedure you would have grounds to sue the employer for slander if the employer is unable to prove the claims they are making against you. This will be on top of unfair dismissal, victimsation and discrimination.
They will be taken a back by the above and firmly put on the back foot as they will know the game is well and truely up especially when they can not prove when the photo was taken. But safe it for the next disciplinary meeting and simply hand the above to them in writing in the meeting and walk out of the meeting, but only once they have made it clear they are going to take disciplinary action against you. If your back at work at the time then simply return to your work, if your still off sick then simply go back home.
They have two choices 1 - drop there petty action or 2 - face the full legal consequences for their petty actions against you and the financial cost of such consequences too. Also report them to the ICO as i doubt their registration allows them too actually monitor personal activties of employees outside of work even if it is on facebook - Worth a shot to find out what the ICO make of it, who knows maybe the employer hasn't got a registered data controller which would result in the ICO fining them alot of money lol.
Two points to inform the employer off:
1 - If they refuse to name there source then you will assume they, the employer themselves, took to facebook and found the picture in an act of a predecided plan to discriminate you by using the image in an attempt to dismiss you when they have no evidence to prove that the photo was taken whilst you were off sick: therefore you will take legal action for discremination if they continue this vexatious disciplinary action.
and
2 - be it that if other employees are aware of this as a result of the employer or a representative of the employer breaching confidentiality of the disciplinary procedure you would have grounds to sue the employer for slander if the employer is unable to prove the claims they are making against you. This will be on top of unfair dismissal, victimsation and discrimination.
They will be taken a back by the above and firmly put on the back foot as they will know the game is well and truely up especially when they can not prove when the photo was taken. But safe it for the next disciplinary meeting and simply hand the above to them in writing in the meeting and walk out of the meeting, but only once they have made it clear they are going to take disciplinary action against you. If your back at work at the time then simply return to your work, if your still off sick then simply go back home.
They have two choices 1 - drop there petty action or 2 - face the full legal consequences for their petty actions against you and the financial cost of such consequences too. Also report them to the ICO as i doubt their registration allows them too actually monitor personal activties of employees outside of work even if it is on facebook - Worth a shot to find out what the ICO make of it, who knows maybe the employer hasn't got a registered data controller which would result in the ICO fining them alot of money lol.
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