Bringing company into disrepute

[ghostbot]

Is Messenger classed as Social Media?

A Messenger message has been reposted on Facebook - I am not identified as working for any particular company, nor is my profession divulged. A third party who has a grudge against me has brought this to my company's attention and I have been given a Final Written Warning for "Inappropriate use of Social Media" and bringing the Company into disrepute". The company has conducted a wholly one-sided investigation and I am appealing on this basis - any thoughts or advice?

It seems to me that the Company want rid of me, but it would cost them money and potential bad publicity if they actually dismiss me, so my interpretation is they have put me on a Final Written Warning, and all I have to do is look at somebody in the wrong way, and I'll be down the road.

[warwick65]

Re: Bringing company into disrepute

Hi
When you say a messenger message, what sort of messenger ?

Older people like me remember MSN messenger but do you mean facebook?

Who did you send the message to and was it them who posted it on FB

There are lots of complex arguments here - and I think the route to just how it got posted on FB and what your expectations were when you sent it may be relevant.
[MENTION=26290]mariefab[/MENTION]

[ghostbot]

Re: Bringing company into disrepute

Facebook Messenger, which as I understand it is not classed as Social Media either by ACAS or in their own Social Media Policy. Reposted by the recipient, but reported to the company by a third party with a grudge :-(

[mariefab]

Re: Bringing company into disrepute

My understanding of Facebook Messenger is that it's similar to the facility for sending and receiving private messages on this site. The intention being a confidential 2 way conversation.

Whereas the definition of Social Media is the widespread public sharing of ideas/opinions etc.

So, if your Company issued the FWW because they say you breached their Social Media policy, I'd appeal it on the grounds that the policy can't apply to what you did.

[ghostbot]

Re: Bringing company into disrepute

Thank you for your response - I am appealing the decision on those exact grounds, combined with the company failing to undertake a fair and balanced investigation - crucial information was withheld from the Disciplinary, and no attempt was made to find any evidence to contradict the allegations - only to support them. Additionally a high proportion of other employees and management are blatantly in breach of their precious Social Media policy on a daily basis!

[ETFarce]

Re: Bringing company into disrepute

If the company was anything like the one I worked for they will simply uphold the warning regardless of what you say. They will then be looking for anything to pin on you in order to get rid of you. And You are mistaken in thinking an investigation has to be fair and balanced; as I found out at employment tribunal an investigation doesnt even have to investigate the allegation against you and doesnt even have to establish facts. The employer can get away with saying they know certain facts or have certain beliefs without having to show them to be true or reasonable and without having to put them to you during the disciplinary process.

My advise; if you feel they want you out then just find another job as soon as you can. Its a lot less stressful then waiting for them to sack you and then having to deal with an employment tribunal afterwards with a judge that will side with the employer no matter what.

[ghostbot]

Re: Bringing company into disrepute

I am fully expecting the same result as a result of the appeal, but nothing ventured, nothing gained! As far as looking for another position that is nigh on impossible with a Final Written Warning on your record, so we'll see how far they want to drag their own reputation through the mud, or whether they'd prefer to reach a settlement prior to a tribunal!

[ETFarce]

Re: Bringing company into disrepute

I thought just like you, thought they would be too scared of a tribunal and wouldnt want their name dragged through the mud. That was a mistake because they wanted rid of me more. I underestimated just how much they wanted rid of me. If you think about it, which I didnt, not many people watch employment tribunals, so unless its a big case where the media are present, their name wont be dragged through the mud, especially if they win. And if you get a judge like i did; they will win no matter what.

As for new employers; far more likely to get a new job by explaining the reason for the warning and let any potential employer know it was a learning curve which wont ever be repeated, then it is to get a job after being sacked and gone to a tribunal.

Knowing what i know now, I wouldnt even appeal cause that will just put a bigger target on your back. Let them have their day, and if youre not looking for another job, just keep your head down for 12 months and dont give them the slightest reason for another disciplinary. Easier said than done which is why if i had to do it again, id be looking for somewhere else.

[warwick65]

Re: Bringing company into disrepute

ETfarce

You are clearly unhappy with what happened at your ET however your experience does not mean the same will happen to the OP. From what you said, it appears you went in all guns blazing

To ghostbot

I do not see any harm appealing saying it was a private conversation between you and a third party made over private communication.

You do have the qualified right to freedom of expression and I think you also had a reasonable expectation of privacy. It is not as if you posted the comments yourself or encouraged anyone else to post them ( I hope) . Is the person who reposted your comment an employee of the company and if so was any action taken against them.

I have long since learnt there are some very sad sick and twisted people on't internet and although many people know my real identity on here I keep my FB profile locked down so only my friends can see anything I post and frankly if I wanted to say something I didn't want coming back to bite me on the bum , I wouldn't say it

[ETFarce]

Re: Bringing company into disrepute

ETfarce

From what you said, it appears you went in all guns blazing

I dont know what i said that would make it appear like that but it was quite the opposite; I didnt go in all guns blazing and that was because i had underestimated them by thinking they would follow their own disciplinary procedures. You live and learn.

[ghostbot]

Re: Bringing company into disrepute

ETfarce

You are clearly unhappy with what happened at your ET however your experience does not mean the same will happen to the OP. From what you said, it appears you went in all guns blazing

To ghostbot

I do not see any harm appealing saying it was a private conversation between you and a third party made over private communication.

You do have the qualified right to freedom of expression and I think you also had a reasonable expectation of privacy. It is not as if you posted the comments yourself or encouraged anyone else to post them ( I hope) . Is the person who reposted your comment an employee of the company and if so was any action taken against them.

I have long since learnt there are some very sad sick and twisted people on't internet and although many people know my real identity on here I keep my FB profile locked down so only my friends can see anything I post and frankly if I wanted to say something I didn't want coming back to bite me on the bum , I wouldn't say it

Thank you for your reply! The person who reposted the comments is not a fellow employee, but works for another company in the same industry; but interestingly enough it was highlighted to the company by a third party whom has already tried to make trouble for me by reporting me to the company on a previous occasion, and has even been to the police (who found that there was no case to answer!) - the company have made no enquiries as to the reliability/credibility of this individual - who has a history of harassment and bullying. As for FB - I don't go near it for the very reasons you mention!!

I have appealed against the decision, and am waiting for a date for when a full-time union rep can accompany me - interestingly enough, had I waited for the official letter to come through advising me of the outcome of the Disciplinary and how to raise an appeal, I would have been outside of their statutory 10 working day limit for raising an appeal - coincidence? I think not! Luckily I raised an appeal just two days after the Disciplinary, without waiting for the confirmation of how to appeal!

Thanks again!

[warwick65]

Re: Bringing company into disrepute

Good luck

Just make sure you fully brief your union rep comprehensively before the appeal.

Depending on the style of the company- they may expect you to put your case or they may ask questions to clarify things. Get your case across

[ghostbot]

Re: Bringing company into disrepute

Thank you - I certainly intend to!

[mariefab]

Re: Bringing company into disrepute

I suggest that you hand in a detailed prepared statement at the appeal hearing.

Start with...
As I explained at the disciplinary hearing what happened was that I......

Make sure to emphasise that you didn't post anything on any Social Media site (so any Company Social Media policy doesn't apply to what you did), it was a private message to a friend? and that you had no idea that it would be posted on a public site by this person.
Perhaps liken it to an overheard private conversation being reported.

[ghostbot]

Re: Bringing company into disrepute

Thank you - sounds like good advice!