d95gas Posted November 30, 2013 Share Posted November 30, 2013 My daughter, who up to yesterday worked for a very large mobile phone provider, in their call centre, was dismissed from work after several weeks of being suspended pending an inquiry. Who ever did the inquiry dismissed her, and the basis of the dismissal is the following: Like most of the nation, she is on Facebook, and she was member of a "Private" group that had been setup by one of the managers to organise his leaving party. On that page my daughter had said "some gimp at ** (Two letters) screwed me over". At no point did she specify anyone's name, position or anything that could pinpoint who she was referring to. The post was obviously seen by one of the senior managers who then reported this to HR/Management - and this was their whole basis for instant dismissal. She has never had any disciplinary action against her, no warnings for anything on Facebook or any other social media site, full clean ticket, so this was her first offense as such. She obviously wants to appeal this and needs to do this immediately, but was hoping someone out there might be able to offer some advice on how she stands from the point of "employment law". It would seem that her dismissal letter will state the reason as "Misuse of social media" Thanks. Quote Link to comment Share on other sites More sharing options...
GMballistic Posted November 30, 2013 Share Posted November 30, 2013 Sorry to hear your daughter has lost her job especially at this time of year but tbh I doubt there's much she can do unfortunately. I'm not on Facebook and if I was I wouldn't be on it during working hours or slagging off my employers as it's obvious to me that this wouldn't bode well for my future employment. Wish her the best though in finding a new job. Quote Link to comment Share on other sites More sharing options...
KyleR Posted November 30, 2013 Share Posted November 30, 2013 (edited) I'm no whizz, but I guess it depends on the context of the statement. I assume she works for the same 2 letter company that the statement was about? Was the screwing over business related or personal? Could she argue that she wasn't thinking clearly after the incident? But at the end of the day, no one should ever mention their employer in any negative comment in social media. There have been many stories over the years of people getting sacked because of things they have posted on Facebook. I don't agree with the dismissal as it appears the comment wasn't about the company, but another employee, but unfortunately the reviewer has decided to make an example of your daughter Edited November 30, 2013 by KyleR Quote Link to comment Share on other sites More sharing options...
Ekona Posted November 30, 2013 Share Posted November 30, 2013 Her own fault. Never, ever say anything on social media that you wouldn't want your boss to see. Harsh lesson. Maybe worth spending a few quid speaking to a specialist solicitor over this, but I wouldn't spend too much. 3 Quote Link to comment Share on other sites More sharing options...
d95gas Posted November 30, 2013 Author Share Posted November 30, 2013 I agree with the fact that it was a stupid thing for her to do, and have always told her to be careful what she says and to whom she says it to. Personally I dont even have a Facebook or Twitter account....does'nt interest me at all. The comment was aimed at a fellow worker and not the company, and as a side note it was said after she was suspended for another incident where she was found not guilty and nothing to do with her, so at the time she was a bit miffed as the statement was aimed at the guy who had made a statement about her that got her suspended in the first place.....and his complaint/statement was found to be rubbish. She's young so I guess she will get over it, and hopefully take something away with her from this lesson in life. If I had to investigate similar instances, based on the information, it would of been at worst a final written warning, I do feel that summary dismissal was a bit harsh, given that she was one of the top commission earners there. Thanks again for all the advice Quote Link to comment Share on other sites More sharing options...
r37 Posted November 30, 2013 Share Posted November 30, 2013 this happened to a lad i worked with. he posted on facebook at 4am stating that he was still out drinking. then turned up at 8am hanging out of his a**se. I know the guy who looked after that case quite well and while they could only use the facebook posts as evidence they couldn't use it solely to dismiss him. As if he had turned up for work in a fit state and done his job they couldn't have done anything about it as its his own social life. Im not 100% sure of how it works but i'd definately challenge it. The statement isnt offensive or aimed at anyone, more workplace banter. Quote Link to comment Share on other sites More sharing options...
Richf Posted November 30, 2013 Share Posted November 30, 2013 How long has she worked there ? Quote Link to comment Share on other sites More sharing options...
Fodder Posted November 30, 2013 Share Posted November 30, 2013 Most large companies will have a social media policy. Actually including the name was her downfall, even putting "had a cr*p day" stands you on dodgy ground if she's listed them as being her place of work. Sounds like it's an excuse they needed to be honest. Quote Link to comment Share on other sites More sharing options...
Ebized Posted November 30, 2013 Share Posted November 30, 2013 Another good reason Personally I dont even have a Facebook or Twitter account....does'nt interest me at all. +1 Shame she did not follow your example as it is inevitable such social media sites will result in outcomes that has befallen your daughter having no doubt felt peer pressure to sign up to - like so many others at all levels in our society. At the end of the day they are a businesses that have made billions for their creators, at the expense of many along the way. Do hope she learns from this to ensure her future career is not similarly set back....... Quote Link to comment Share on other sites More sharing options...
spursmaddave Posted November 30, 2013 Share Posted November 30, 2013 Sorry to hear this unfortunately a fact of life now that you can't mention work etc on social media in ANY context at all.... I don't have a facebook account and never will, I have a twitter account but use that just to keep up with football gossip mainly... FB and Twitter (if you live on there) are no more than mumbling aloud... Example - I wake up and think "oh I might have a shepherds pie for tea" then I get on with my day and enjoy my shepherds pie.... I DO NOT go on FB and post on there "just woke and fancy a shepherds pie yum yum" and then continue to post "just got to sainsburys no lamb mince GRRRR!!" and then post a picture of my shepherds pie later with "Look at me and what I made for my tea" I just come on here and post complete **** instead 1 Quote Link to comment Share on other sites More sharing options...
GMballistic Posted November 30, 2013 Share Posted November 30, 2013 Sorry to hear this unfortunately a fact of life now that you can't mention work etc on social media in ANY context at all.... I don't have a facebook account and never will, I have a twitter account but use that just to keep up with football gossip mainly... FB and Twitter (if you live on there) are no more than mumbling aloud... Example - I wake up and think "oh I might have a shepherds pie for tea" then I get on with my day and enjoy my shepherds pie.... I DO NOT go on FB and post on there "just woke and fancy a shepherds pie yum yum" and then continue to post "just got to sainsburys no lamb mince GRRRR!!" and then post a picture of my shepherds pie later with "Look at me and what I made for my tea" I just come on here and post complete **** instead Definitely agree. I honestly do not get Facebook and all that cr*p tbh.Plus all the sh*t those places stir up with people talking about each others love lives/families/infidelities etc makes me so mad. The world would be a better place without it imo. Quote Link to comment Share on other sites More sharing options...
BillyZed Posted November 30, 2013 Share Posted November 30, 2013 Her own fault. Never, ever say anything on social media that you wouldn't want your boss to see. Harsh lesson. Maybe worth spending a few quid speaking to a specialist solicitor over this, but I wouldn't spend too much. +1 I know a few people that have been fired over Facebook related things. I'm sure she has learnt her lesson and won't do it at her next job Quote Link to comment Share on other sites More sharing options...
Stutopia Posted November 30, 2013 Share Posted November 30, 2013 Summary dismissal, for what isn't a hugely offensive comment, seems over the top to me, HOWEVER it's important to check their behaviour guidelines. If it clearly states this is the standard punishment for all breaches of electronic media policy, it's going to be tough to fight. She also needs to ensure they've stuck rigidly to disciplinary process. So many places don't when some banana goes on a power trip. Simple things, like not having been offered a representative during any disciplinary meetings, would be enough to get the case reviewed if she wants to fight it. Quote Link to comment Share on other sites More sharing options...
WhackyWill Posted November 30, 2013 Share Posted November 30, 2013 You need a copy of this companies procedure in dealing with this. They have to have HR guidelines on this. Make sure this will not affect her getting a reference from this Company in the future. They are not allowed to give her a negative reference. They can refuse to give a reference, but thats all. This all seems a bit extreme for such a trivial matter..!! Quote Link to comment Share on other sites More sharing options...
Richf Posted November 30, 2013 Share Posted November 30, 2013 (edited) Until she has worked there two years she has no employment rights anyway, so whilst talks of "what's in her contract " etc are sometimes useful in this case they aren't necessarily going to be of any use Edited November 30, 2013 by Richf 1 Quote Link to comment Share on other sites More sharing options...
wizurd Posted November 30, 2013 Share Posted November 30, 2013 As what others have said. You need a copy of the company rules for want of a better expression. If they don't have a social media misuse section or anything mentioning what she's done that would be good. Also check what they count as gross misconduct since the only way you can be dismissed without already having had a warning for the same thing would be gross misconduct. Normally they say it's not an exhaustive list but worth checking. Have they actually got a copy of what she posted? Or is it word of mouth? Also how long has been been at the company. I thought that effected some unfair dismissal appeals. Whatever happens I do think it's total crap what company's do due to social media. If the employee is taking the **** then fine but normally it's used just to get rid of someone they don't like. Seen things like this happen so many times as I'm sure many others have. Try citizens advice as well perhaps. Good luck. Sent from my GT-I9300 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Ricey Posted December 1, 2013 Share Posted December 1, 2013 Posting silly things on facebook and thus endangering your employment........what sort of numpty does that....................................................... I'll get me coat Having (just out of interest of course) performed some fairly extensive research into this she's fooked. Usually you have a very good chance of claiming unfair dismissal for social media comments but the fact she's mentioned the company, abused someone and its a private group that's specific to that company I think she's bollox'd. As a mobile phone provider I would be 99% sure they'll have a social media policy which will class this as gross misconduct. Quote Link to comment Share on other sites More sharing options...
wizurd Posted December 1, 2013 Share Posted December 1, 2013 True. Worth also checking that if they do have a policy on it if she's had to sign that she's accepted it or anything like that. Sent from my GT-I9300 using Tapatalk Quote Link to comment Share on other sites More sharing options...
spursmaddave Posted December 1, 2013 Share Posted December 1, 2013 Even if they don't have a direct 'social media' policy it would come under the umbrella of bringing the company into disrepute unfortunately I think.... saying it in the office is one thing but outside work is completely different, even if on a so called 'private' conversation, I have pulled up several of my drivers for comments on Facebook, mostly harmless but you have to make the point or it gets out of hand. If you daughter hadn't mentioned the company name it would have been laughed off or a slapped wrist at worst but the company name is the Holy Grail.... Quote Link to comment Share on other sites More sharing options...
d95gas Posted December 1, 2013 Author Share Posted December 1, 2013 How long has she worked there ? Been there a little over a year Quote Link to comment Share on other sites More sharing options...
d95gas Posted December 1, 2013 Author Share Posted December 1, 2013 As all you guys have commented, I think she is up the river without a paddle. They do have a Social Media Policy, that does state she cannot say or do anything that would bring the company into disrepute. I think she is challenging anyway on the grounds that the punishment was harsh for such a trivial matter, and going in with the "Super Apologetic" approach, especially as she was one of their top earners for her area. She can but try, but hopefully she will take this away with her and learn from it. Very harsh lesson, but I guess at one stage or another, we've all done something stupid in life that we regret later.....I know I have. Thanks for everyone's comments and information Quote Link to comment Share on other sites More sharing options...
GMballistic Posted December 1, 2013 Share Posted December 1, 2013 Wish her the best in finding a new job d95gas. Quote Link to comment Share on other sites More sharing options...
Richf Posted December 1, 2013 Share Posted December 1, 2013 Yeah as I said they wouldn't even have to give a reason at all but , best of luck in her new job Quote Link to comment Share on other sites More sharing options...
wizurd Posted December 1, 2013 Share Posted December 1, 2013 Try the apology route and all that just to secure a decent reference if nothing else. Sounds like not the nicest place to work anyway so best put perhaps. Sent from my GT-I9300 using Tapatalk Quote Link to comment Share on other sites More sharing options...
nowhereboy Posted December 1, 2013 Share Posted December 1, 2013 I've been sacked because of facebook before! I was moaning about something legitimate and work related and didn't include the company's name but someone on my friends list printed my words and grassed me up!! Lesson learnt, I never have work mates on my social media anymore and keep my page to private. It led me on to bigger and better things anyway and got me out of the rut I was stuck in. 1 Quote Link to comment Share on other sites More sharing options...
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