Help required with workplace discipline

[omnomnom]

Morning guys,

Sorry of this is the wrong place to post this, it isnt a medical thread but i will provide some background. In short my mental health has been suffering because of years of domestic abuse and its spiralled to a point where i have triggered the absence policy (10 days, 3 opportunities, that standard). I was off for a single day last wednesday however I didnt follow absence procedures as frankly i wasnt fit and able to. I was admitted into hospital via ambulance to speak to the crisis team. I was genuinely not in a fit state to make a phone call. My partner used my phone, got my managers number (personal phone) and sent her a polite text just updating her, she did this from A and E of which i have a full report for and proof i was admitted etc. My partner did say she didnt think id be able to come in the following day as i was in an absolute state, I did however make it in as i try my best. The following day they absolutely tore me to shreds claiming how it can be possible that im not fit to come in when my partner said i wouldnt be...

The same meeting i was told on Tuesday i would have a disciplinary with my director for:

AWOL - Not following absence procedures

Breach of trust - Breaking GDPR

Now the first, im not disputing however i wasnt physically able to make the call. The second however im finding a bit odd, my girlfriend did this as she thought my manager should know but she hasnt saved the number and only did it because she felt it was the right thing to do.

Ive been with my employer for three years and have disclosed every mental health issue ive ever had, this isnt anything new and im following the assistance programmes they have. I have never ever withheld information and ive been as open as possible.

Does anyone know where i stand with the GDPR shout? Personally, considering how slack my workplace is (no one locks screens etc) I find it a little harsh but i guess my personal feelings arent relevant.

 

[omnomnom]

My first thought is they may be looking to let you go. A lot of employers don’t like employees who are off sick often, even for genuine reasons. AWOL is into misconduct territory. GDPR I’m not sure on, I’d ask for copy of the policy.

Have a read of your disciplinary procedures and read up on ACAS. Also keep in mind that mental health is a protected characteristic, but doesn’t apply to everyone who has mental health. Employers will need to be careful if you have this protected characteristic to avoid discrimination claims or claims that reasonable adjustable haven’t been made.

Mental health and the law - Supporting mental health at work - Acas

Why it's important to take good mental health seriously at work.

www.acas.org.uk

Thats really helpful, thank you. I will ring ACAS tomorrow and see what they advise. The GDPR thing i find bizarre as it simply isnt followed at all in the office. no one locks their screens and i feel this is now targetted. Reading the link youve sent i havent had any help whatsoever and im very VERY open about the issues ive been facing.

The first meeting back for eg i was absolutely grilled and it was very aggresive, it doesnt seem, reading your link this should have been the case.

 

[omnomnom]

Thank you. Reading ACAS there does seem to be some grounds for me to argue.

For eg the lack of a risk assessment (i was threatened with disciplinary if work didnt speed up for eg) seems to fall under this.

 

[omnomnom]

Sounds like they are trying to manage you out due to your absences. How did your partner get your bosses number, if it was via someone at your work place then it isn’t you or your partner that is the issue but the employee that gave her the number that has breached GDPR.

The fact your partner made a reasonable effort to inform your employer of your absence as you weren’t able, makes their AWOL rather weak as they were informed

They were informed but after the working day. She obtained the number from my phone as far as im aware. The issue is, my manager doesnt have a work phone so there isnt any number to send message to. Last year when a similar episode happened my dad called and spoke the same manager, on the same number and this wasnt an issue so i think point r.e managing me out is correct.

 

[omnomnom]

Whether this is relevant but in the past 12 months my password has been reset and passed to a colleague (i have evidence). Would this be worth bringing up as a counter to their GDOR claim?

 

[omnomnom]

HR are doing their job protecting the company from its employees. They'll get rid of you one way or another.

Would you be better off doing something different, or at another company?

I wonder what the situation is regarding benefits if your mental health means you can't hold down a job. Sounds like a disability to me (but I know naff all about this).

Ive been here for 3 years and before that with a company for 12 years. Holding down a job hasnt been an issue but this past 12 months its escalated due to various issues. Ive never claimed benefits.

HR might be doing their job however i do feel like they havent put anything in place to for eg change my workload and instead of piled pressure on which is a contributing factor. The GDPR shout for me is them clutching as its the worst company ive ever worked at for GDPR policies. To pull me when im stuck in A and EE for a text seems a bit much.

 

[omnomnom]

I do think in the long run i need a fresh start however ideally on my terms and no unfairly

 

[omnomnom]

Well that's dumb; pretty self-explanatory - it's a MH thing, you're not physically unable to come in clearly so what are they confused about?



Reddit Mod behaviour - firstly you have an explanation for why the "official" procedure wasn't followed so that's dumb.

Secondly, the GDPR thing is extra dumb - this is using your personal phone to get the manager's personal phone number - what do they think has happened here in terms of GDPR? That's info belonging to private individuals being passed between private individuals.

GDPR doesn't cover personal communication in a private capacity, personal information etc.. the only thing covered by GDPR here are the details of your health issues which fall under GDPR once your manager receives the details! Do all of them need to know the details of your health issues or has your personal medical been shared inappropriately?

Sounds like they don't like you and you should perhaps consider finding another place but they're really grasping here and it might be worth a trip to CAB or consulting a solicitor.

They are claiming its a breach of GDPR because my partner used my phone to get my manager's personal number. So to be clear, my personal phone to her personal phone to inform them i wasnt able to call in sick because of reasons given

 

[omnomnom]

Yep, all personal devices and data stored by individuals.

People like to throw words around, it's maybe useful if some admin types are cautious about "data protection" or "GDPR" but they get a bit silly sometimes when they start thinking anything relating to data must be a breach.

What next, it' breaks GDPR if you give a colleague another colleague's number to tell him which pub you went to after the Christmas party? It's just ridiculous, Brian can take a phone number from his personal device for James and give it to Julie if a message needs to be passed on or indeed if Julie is his wife/partner and trusted to access the device then she can do that herself - nothing to do with GDPR as those are personal devices.

Thank you. Im on with ACAS now

 

[omnomnom]

ACAS and information commissions office cant confirm or deny in writing however in their opinion it is domestic use and therefore not a breach.

 

[omnomnom]

The aggressive behaviour when you came back the next day reads like they were trying to push you over the edge and get you to resign or go AWOL again so they could force things.

Either way, get some legal advice and aim to leave as this isn't an employer you want to work for who behaves like this the day after you've been admitted to hospital to talk to the crisis team.

Even if you had left them up **** creek with a super important client or something, that's no way to go on with someone who's been completely transparent about their mental health issues.

Thanks. My mind is completely made up in regard to leaving but im not going without a fight basically. As for being transparent, i have 100% and i have previously reduced the same person to tears when i was describing the issues i was facing.

Just printed my ambulance report. This should be a fun meeting

 

[omnomnom]

Surely work provides a number you can call in sick on?, which is perfectly reasonable to share with close family.

My partner used my phone as she knew who my manager was. I was in absolutely no fit state so she did what she thought was the right thing to do.

Thank you everyone for the responses, they've been very helpful. I'll just be upfront, honest and whatever happens, happens.

 

[omnomnom]

Is your phone personal or company?

All phones in question are personal phones. no one has a "business" phone.

 

[omnomnom]

If they’re a cusing you of breaking GDPR then you want to seek legal advice and have them produce firm evidence.

I will.

Honestly im well underpaid for what i do so im taking it as a positive and a wee kick up the arse, id just rather leave on my terms.

 

[omnomnom]

Not legal…

GDPR does not apply to a person but to a company. If they think you have broke GDPR under them….. then it is themselves that should get fined.

Is there a tagline for this i can maybe write down? I appreciate you have but im sure you know what i mean.

Edit

Sorry i mean from a legal website. I have written this in my notes though

 

[omnomnom]

No - I don't think you quite get what I'm saying. GDPR and data privacy is a law. Seek legal advice to ensure that you and they aren't accusing you of breaking the law.

Facilitating a data breech could have consequences on your future employment and other parts of your life. Therefore go through the process of discussing with your legal and have them talk to their legal. If they don't have a pot to widdle in they're going to back down and have a serious issue of a false accusation that is likely to cost the HR director and other involved parties their jobs..

Thank you, i didnt think of it as a law break so its certainly something ill mention.

 

[omnomnom]

So they want to "do you" under GDPR for personal phone messages from one phone to another personal phone.

Get the policy, it may mention usage of personal devices must not be used for company business such as accessing networks etc, but that is a hard stretch in this case.
Household activity is excluded from GDPR and I would say that is what you were doing not undertaking business activity.

Also interesting point of view. As you did not send the message you could argue that you had no idea that your GF was going to send the message, as its your personal phone and she has access to it, she took it upon herself to get the contact details for your manager which your manager had given to you previously.
Seeing as the contacted number was a private one you were within your right to hold that and its outside the companies GDPR responsibility which is to do with business information or others private information you can access via the business.

Why did your manager give you their private number?

Well, there wasnt a specific reason but its used to call in sick etc.

 

[omnomnom]

Two things now spring to mind. Has this been used as a method for calling in before, and do others / have others used it likewise?
If so then this appears to be discrimination in regards you for a common practice.
Arguably custom and practice dictate this is how you report sickness if everyone does the same.
(Custom and practice if you can demonstrate it is important, custom and practice can even overrule specific terms of employment if it can be proven)

If the manager gave you their number for general use as opposed to a specific reason then you could argue you were following their instruction.
Eg if they said hey here is my number in case you need to contact me if your ill, or late or something.
Again if you can prove others do the same your basically destroying their even highly unlikely GDPR argument.

Yes and other people have called in sick for for others. Colleagues' partners have called in sick before them and its never been an issue.

 

[omnomnom]

I don’t think that’s a GDPR breach. Did your manager willingly give you their number?

Do they know about your mental health situation and have they seen the evidence you were in A&E?

Yep. Willingly passed over.

They know all about it, im very transparent and open and i have an ambulance report from the day. They havent seen it as the meeting was made before i could even present it...i will at the meeting

 

[omnomnom]

I cant believe i didnt see it as a law break before. Thanks everyone, I'm certainly armed with some more information.