Help required with workplace discipline
- Thread starter omnomnom
- Start date
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
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Hi OP,
I'm really sorry to hear you're going through all this - I've a lot of experience with my own MH demons and how it can impact work. I really hope things improve.
IANAL.
A few thoughts:
There are potentially GDPR implications if your boss didn't give explicit consent for their personal data to be shared. I would have asked my partner to message him from my phone, and just say something like "hey, this is omnomnom's partner, I'm messaging on his behalf because he's unable...". However, as there's a clear and legitimate interest for having shared the number I imagine it would be viewed as justified by a most. Also as this was a personal number freely shared, I doubt the company's privacy policy could reasonably be applied, but would depend on the policy itself. I would be astonished if anyone would pursue any sort of litigation along these lines given the context, and even less chance that they'd succeed. But, some places are petty as hell.
Is it relevant that you have evidence that your password was changed and your work data was shared - this would depend massively on their policies regarding acceptable/personal use. Article 8 of the ECHR specifically protects a person's right to "respect for his private and family life, his home and his correspondence", so if they logged into your computer account and you have evidence that they ended up in your personal e-mails, they've probably crossed a line. However, logging on to the account to find work related data which, generally speaking will be owned by the company, is probably fine.
It's quite reasonable not to follow absence procedures if you're unable due to a health condition - ACAS would tear this apart.
Telling work that you were admitted to hospital via ambulance and probably wouldn't be in the following day, but then showing up, does send mixed signals. Even though it came from a good place, someone will say something like "can't possibly have been that unwell" (even though this is obviously untrue). I've found it's quite important to set expectations as stick to them as far as possible. Also, documentation of everything will be essential.
You really need ACAS' help here. My impression is that they're trying to manage you out.
All the best, OP.
I'm really sorry to hear you're going through all this - I've a lot of experience with my own MH demons and how it can impact work. I really hope things improve.
IANAL.
A few thoughts:
There are potentially GDPR implications if your boss didn't give explicit consent for their personal data to be shared. I would have asked my partner to message him from my phone, and just say something like "hey, this is omnomnom's partner, I'm messaging on his behalf because he's unable...". However, as there's a clear and legitimate interest for having shared the number I imagine it would be viewed as justified by a most. Also as this was a personal number freely shared, I doubt the company's privacy policy could reasonably be applied, but would depend on the policy itself. I would be astonished if anyone would pursue any sort of litigation along these lines given the context, and even less chance that they'd succeed. But, some places are petty as hell.
Is it relevant that you have evidence that your password was changed and your work data was shared - this would depend massively on their policies regarding acceptable/personal use. Article 8 of the ECHR specifically protects a person's right to "respect for his private and family life, his home and his correspondence", so if they logged into your computer account and you have evidence that they ended up in your personal e-mails, they've probably crossed a line. However, logging on to the account to find work related data which, generally speaking will be owned by the company, is probably fine.
It's quite reasonable not to follow absence procedures if you're unable due to a health condition - ACAS would tear this apart.
Telling work that you were admitted to hospital via ambulance and probably wouldn't be in the following day, but then showing up, does send mixed signals. Even though it came from a good place, someone will say something like "can't possibly have been that unwell" (even though this is obviously untrue). I've found it's quite important to set expectations as stick to them as far as possible. Also, documentation of everything will be essential.
You really need ACAS' help here. My impression is that they're trying to manage you out.
All the best, OP.
Re: that point - worth noting that you can check this easily in Gmail - scroll to the bottom right and click on "details":
FWIW I wouldn't personally log into anything personal on a work computer tbh. (and in some cases, I'd avoid using the network too - some companies using enterprise security software will spoof security certificates).
It is entirely reasonable for an organisation to reset your password* and allow someone else to access your device in your absence (although does suggest they have some gaping holes in their business continuity if that is actually required). This however should be audited, and you should reset your password as soon as you are back in the office.
Rule number one of work IT equipment = don't keep personal stuff on work IT equipment (or use it for personal stuff), it's just all-round a terrible idea for both parties.
*If they gave access to this other person your original password, then that is a) a whole different matter, and b) rings massive alarm bells for their security if they are storing passwords in a retrievable manner!
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.