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I am sitting in on a disciplinary with a work colleague.He was working from an outer station when someone mentioned that they didn't get the job they applied for regardless of the experience they had.The colleague in question mentione dunder his breath,something that wa snot heard, but fearing it was, he immediately phoned the manager and said what he said.He is now being disciplined for staff harmony issues...Is this allowed even though nothing was heard and the person in question never put in a complaint/It is just hearsay, although the colleaguie admitted what he said................We think it is being dealt with by the manager brcasue the colleague put in a grievance against them a few months ago and the manager wants to get their own back.

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I found out that the incident hapened outside of working time, and off the company premises.It happened from the originators home in the early hours of the morning.I therefore contacted the manager and said that the person involved cannot be disciplined as the "offence" was committed in their own time, not the company's and was done from their own home and not the company premises.Am I correct, or can the originator still be disciplined as the manager claims??

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Doesnt matter where and when, whether it was to a persons face, over a phone or on social media or even to a third party who has no connection and they report it.

It has reached the ear of the manager and they have decided to investigate.

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But wouldn't that be classed as an invasion of privacy on the originator against the manager?. Staff harmony is not enshrined in law.It is a company agreement, and therefore should stay within the confines of the company.

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Newmoses, the best way to look at this sort of thing is to 'put the other hat on'...

 

If you or your colleague were at work and it came about that another colleague was 'bad mouthing' you, would you expect your line manager to do something about it?

 

Almost certainly yes, and it's the reason why we have decency and social media policies at work.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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If you or your colleague were at work and it came about that another colleague was 'bad mouthing' you, would you expect your line manager to do something about it?

.

 

Possibly but it all depends on the context, however i would aggressively argue that a personal opinion out of work in what was presumed to be a private discussion is out of bounds unless it was accusing them of something heinous.

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Possibly but it all depends on the context, however i would aggressively argue that a personal opinion out of work in what was presumed to be a private discussion is out of bounds unless it was accusing them of something heinous.

 

I'm guessing it was heinous as although the question "what was said" has been asked, it has not been answered?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Possibly but it all depends on the context, however i would aggressively argue that a personal opinion out of work in what was presumed to be a private discussion is out of bounds unless it was accusing them of something heinous.

 

It seems that the context here is pretty clear, it's no longer private when you phone your manager and tell them what you've said. This doesn't seem to be hearsay or indeed any type of private when those views, whatever they might be, are landed straight in the managers lap by the person that holds them.

 

"I just thought I'd better call you because I think that xxxxx didn't get the job because they xxxxxxx, see you Monday. Bye"

 

Of course he / she ought to act. But, as has already been said there's more of an argument regarding the impact of your colleague's actions because there's little to no chance of somehow convincing the manager that it didn't happen or was private.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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I suggested trying to mitigate it or talk it down but you seem to prefer to argue that wrong is right for some reason. This will certainly get the manager's dander up and probably give them the attitude of "a manager's right to manage" when dealing with it rather than a more laissez faire approach and believing that no real harm has been done, people spoken to, all forgiven.

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