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work help required - suspended, possible disciplinary...

How are you supposed to access policies on the intranet and/or potentially relevant data in your email account with the terms of that IT ban? They will be checking your account and net usage for sure...change passwords for key accounts elsewhere if you have ever used the company account to browse etc.

Hmmm :hmm:
Some employers don't allow suspended staff to access work IT at all, perfectly legally. :(

In fact, that is pretty much what has happened here. It is legal, I am afraid. The employee has the right to see all and any information which can assist him/her, though, and it can tie up the employer something rotten if the union asks for lots of stuff. Which I would be doing in this case...
 
The policy is broadly that it's not officially unallowed to have a drink or whatever outside of work. Obviously being under the influence at work is a big no no.

What should happen, if a certain member of staff has suspicions, they should take it to management and no one else should talk about it.

When I fessed up, I asked for strict confidentiality. I told one person, who said it would be kept amongst only those that needed to know, ie top level staff- the manager, the chief exec and that's about it.

What actually happened was that the entire team knew about it long before I made it public knowledge.

They have a little staff WhatsApp group that I'm not on. I wonder what they've said about me on that...

What does their policy say specifically about testing? I know they didn't test in the end, but it's still relevent as it sounds like a bullying/harrasment so it could be worth looking up that policy too.

Were the staff members that asked to test you people that would be aware of your recent use? Have you previously been tested and do you work in a workplace where testing is regular practice every year etc?

Release have some information around this here: Drug Use at Work

If it's a bad move to ask for individual policies could Jon not just ask for all the policies so that they don't know what Jon is looking at? If I'm understanding correctly that you can't access them through the computer?

Sorry if some of this has been mentioned I was reading posts and replying at the same time.
 
... on occasion my performance slipped noticeably...
as a lay person this is the bit that would bother me (in your shoes). the impact using outside of work is actually having. i have no clue what kind of safeguarding etc. responsibilities you have towards residents or professional responsibilities towards your colleagues. is getting angry with them a way to sidestep looking at that? (but that's way overstepping the mark on an employment thread so will zip it now ;))
 
as a lay person this is the bit that would bother me (in your shoes). the impact using outside of work is actually having. i have no clue what kind of safeguarding etc. responsibilities you have towards residents or professional responsibilities towards your colleagues. is getting angry with them a way to sidestep looking at that? (but that's way overstepping the mark on an employment thread so will zip it now ;))

Those are good points bob and something that is fundamental to jon's situation right now because in the way he tells it that is how this started. They will be investigating and possibly building a case for disciplinary/dismissal on those grounds.
 
There are many reasons why whatsapp groups should not be used in any official capacity. This is one of them.

Although I suspect the same training would have pointed out that going to the pub after work can also be a potential discrimination/harassment issue...
It did - in fact the examples were combined, having a private work WhatsApp group used to organise social outings which some people were excluded from.
 
They know what they are doing!

You need to press for proper union support.

I will copy and paste the appropriate policies and procedures into the thread tomorrow. I have full access to them from a toll kit thing I still have access to.
 
social media policy says this...
Policy Statement This policy is intended to help staff make appropriate decisions in relation to the use of social media. For the purposes of this policy, social media is a type of interactive online media that allows parties to communicate instantly with each other or to share data in a public forum. This includes online social forums such as Twitter, Facebook and LinkedIn. Social media also covers blogs and video- and image-sharing websites such as YouTube and Flickr. This policy outlines the standards we require staff to observe when using social media; the circumstances in which we will monitor your use of social media and the action we will take in respect of breaches of this policy. This policy does not form part of any contract of employment and it may be amended at any time. This policy also provides guidance on dealing with ’traditional media’, i.e. TV, Radio, Newspapers. Employees should be aware that there are many more examples of social media than can be listed here and this is a constantly changing area. Employees should follow these guidelines in relation to any social media that they use.

2 Who is covered by the Policy This policy covers all individuals working at all levels, including Senior Managers, Employees, Directors, Relief Staff, Sessional Staff, Agency Staff and Volunteers (collectively referred to as staff in this policy). 3 The scope of the Policy All staff are expected to comply with this policy at all times to protect the privacy, confidentiality and interests of and our services, employees, partners, customers and competitors. Breach of this Policy may be dealt with under our Grievance and Disciplinary Procedure and, in serious cases, may be treated as gross misconduct, leading to summary dismissal.
 
4 Responsibility for implementation of the Policy The xxx Senior Management Team has overall responsibility for the effective operation of this policy. The Director of Finance & Administration is responsible for monitoring and reviewing the operation of this policy and making recommendations for changes to minimise risks to xxx and this information will be fed back by the xxxx Senior Management team to the Executive Chair and Trustees. All staff are responsible for their own compliance with this policy and for ensuring that it is consistently applied. All staff should ensure that they take the time to read and understand it. xxxxx is a trading name of xxx, an independent charity no. xxxx, incorporated in England Under company no. xxxx. Registered office: xxxxxx Any breach of this policy should be reported directly their Line Manager/ Director of Finance and Administration. Questions regarding the content or application of this policy should be directed to their Line Manager/ Director of Finance & Administration.

5 Use of social media at work Employees are allowed to make reasonable and appropriate use of social media websites from the organisation's computers or devices, provided that this does not interfere with their duties. The organisation understands that employees may wish to use their own computers or devices, such as laptops and hand-held devices, to access social media websites while they are at work. Employees must limit their use of social media on their own equipment to their rest breaks such as their lunch break/times when they are between jobs/appointments, for example travelling/times when they are not on duty/times when they are not manning the telephones/times when they are not on the site where they are working. 5.1 Excessive use of social media at work Employees should not spend an excessive amount of time while at work using social media websites. They should ensure that use of social media does not interfere with their other duties. This is likely to have a detrimental effect on employees' productivity. 5.2 Monitoring use of social media during work time The organisation reserves the right to monitor employees' internet usage. The organisation considers that valid reasons for checking an employee's internet usage include suspicions that the employee has:  been using social media websites when he/she should be working; or  acted in a way that is in breach of the rules set out in this policy. The organisation reserves the right to retain information that it has gathered on employees' use of the internet for a period of one year. Access to particular social media websites may be withdrawn in any case of misuse. 6 Use of social media to promote xxx It is an important part of how the organisation communicates with its customers and clients, promotes its services, communicates with its audience and allows communication between staff. xxx is a trading name of xxxxx Ltd, an independent charity no. xxx, incorporated in England Under company no. xx. Registered office: xxx Employees may, with the permission of their immediate line manager and the xxx Marketing Officer, contribute to the organisation's social media activities, for example by writing for our blogs/ managing a Facebook account, running an official Twitter account for the organisation or part of the organisation. Employees must be aware at all times that, while contributing to the organisation's social media activities, they are representing the organisation. Staff who use social media as part of their job must adhere to the following rules. Employees should use the same safeguards as they would with any other form of communication about the organisation in the public sphere. These safeguards include:  Making sure that the communication has a purpose and a benefit for the organisation;  Obtaining permission from an immediate line manager and the xxx Marketing Officer before embarking on a public campaign using social media; and  Asking a colleague to check the content before it is published. Any communications that employees make in a professional capacity through social media must not:  Bring the organisation into disrepute, for example by: o criticising or arguing with customers, colleagues or external partners & agencies; o making defamatory comments about individuals or other organisations or groups; or o posting images that are inappropriate or links to inappropriate content;  Breach confidentiality, for example by: o revealing trade secrets or information owned by the organisation; o giving away confidential information about an individual (such as a xxxx service user, colleague or customer contact) or organisation (such as a referring agency); or o discussing the organisation's internal workings or its future business plans that have not been communicated to the public);  Breach copyright, for example by: o using someone else's images or written content without permission; o failing to give acknowledgement where permission has been given to reproduce something; or  do anything that could be considered discriminatory against, or bullying or harassment of, any individual, for example by: o making offensive or derogatory comments relating to sex, gender reassignment, race (including nationality), disability, sexual orientation, religion or belief or age; o using social media to bully another individual (such as an employee of the organisation); or o posting images that are discriminatory or offensive or links to such content. xxx is a trading name of xxx Ltd, an independent charity no. xxx, incorporated in England Under company no. xxxx. Registered office: xxxxx Social media in your personal life The organisation recognises that many employees make use of social media in a personal capacity. While they are not acting on behalf of the organisation, employees must be aware that they can damage the organisation if they are recognised as being one of our employees. Employees are allowed to say that they work for the organisation, which recognises that it is natural for its staff sometimes to want to discuss their work on social media. However, the employee's online profile (for example, the name of a blog or a Twitter name) must not contain the organisation's name. If employees do discuss their work on social media (for example, giving opinions on their specialism or the sector in which the organisation operates), they must include on their profile a statement along the following lines: "The views I express here are mine alone and do not necessarily reflect the views of my employer." Any communications that employees make in a personal capacity through social media must not:  Bring the organisation into disrepute, for example by: o criticising or arguing with customers, colleagues or external partners & agencies; o making defamatory comments about individuals or other organisations or groups; or o posting images that are inappropriate or links to inappropriate content;  Breach confidentiality, for example by: o revealing trade secrets or information owned by the organisation; o giving away confidential information about an individual (such as a xxxx service user, colleague or customer contact) or organisation (such as a referring agency); or o discussing the organisation's internal workings or its future business plans that have not been communicated to the public);  Breach copyright, for example by: o using someone else's images or written content without permission; o failing to give acknowledgement where permission has been given to reproduce something; or  do anything that could be considered discriminatory against, or bullying or harassment of, any individual, for example by: o making offensive or derogatory comments relating to sex, gender reassignment, race (including nationality), disability, sexual orientation, religion or belief or age; o using social media to bully another individual (such as an employee of the organisation); or o posting images that are discriminatory or offensive or links to such content. xxx is a trading name of xxx Ltd, an independent charity no. xxxx, incorporated in England Under company no. xxxx. Registered office: Trexxxxxxxxx 8 Use of social media in the recruitment process Unless it is in relation to finding candidates (for example, if an individual has put his/her details on social media websites for the purpose of attracting prospective employers), the HR department and managers should conduct searches, either themselves or through a third party, on social media only when these are directly relevant to the applicant's skills or claims that he/she has made in the recruitment process. For instance:  a prospective employee might claim that he/she has used social media in his/her previous job (for example, as a publicity tool); or  a prospective employee's social media use may be directly relevant to a claim made in his/her application (for example, if he/she runs a blog based around a hobby mentioned in his/her CV or a skill in which he/she claims to be proficient). There should be no systematic or routine checking of prospective employees' online social media activities, as conducting these searches during the selection process might lead to a presumption that an applicant's protected characteristics (for example, sexual orientation or religious beliefs) played a part in a recruitment decision. This is in line with the organisation's equal opportunities policy.
 
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drug policy says this...

1. Introduction XX are responsible employers and we take our obligations to our employees very seriously. This is why we have set out this policy to help us ensure the health, safety and welfare of our employees and to help us comply with our legal duties.  Section 2(2)(e) of the Health and Safety at Work Act 1974 places a duty on employers to provide a safe and healthy working environment.  It is an offence to supply, produce, offer to supply or produce controlled drugs.  The Misuse of Drugs Act 1971 makes it an offence for the occupier of premises to permit knowingly the production or supply of any controlled drugs or allow the smoking of cannabis or opium on those premises.  It is also an offence to aid or abet any of these offences. This policy covers all employees, consultants, contractors, volunteers, bank/ temporary and agency workers. All managers have a specific responsibility to operate within the boundaries of this policy, to ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below its requirements. Any reference in this Policy to a non-prescription drug refers only to controlled or illegal substances and does not refer to medicines, supplements and similar substances that are legally and commercially available in the United Kingdom. 2. Aims of the Policy This Policy aims to:  Comply with the Company’s legal obligations to provide a safe and healthy working environment for all staff;  Comply with all of the requirements imposed by law;  Raise awareness of the effects of drug misuse and its likely symptoms;  Ensure that employees are aware of their responsibilities regarding drug misuse and related problems; and  Ensure that employees who have a drug-related problem affecting their work are dealt with sympathetically, fairly and consistently. 3. Health and Safety Misuse of drugs can lead to reduced levels of attendance, reduced efficiency and performance, along with impaired judgement and decision-making. Employees should be aware that anyone under the influence of controlled drugs is a risk to everyone around them and should be alert to possible signs of drugs abuse. Such indicators commonly include:  Sudden changes in behaviour;  Confusion;  Irritability;  Fluctuations in mood and energy;  Impairment of performance; and xxx 2  Increase in short term sickness absence. If employees notice a colleague displaying any or all of these symptoms, employees should encourage them seek assistance through their manager. If they will not seek help themselves, employees should draw the matter to the attention of their manager. Employees should not, under any circumstances, discuss their concerns with any other colleagues. If employees are prescribed medication, they must seek advice from their GP about the effect on their ability to carry out their job and whether duties should be modified. If so, employees should advise their immediate line manager immediately. 4. Searches The Company reserves the right to conduct searches for drugs on Company premises including searches of lockers, drawers, cupboards, bags, cabinets. 5. Prohibition  Employees are expected to arrive at work fit to carry out their job and to be able to perform their duties safely without limitations due to the use or after-effects of drugs. The use of drugs also includes the use of “legal highs” or psychoactive drugs.  No non-prescription drugs can be consumed in, or brought onto, company premises, land or vehicles at any time by any person irrespective of their status in, or business with, the Company.  The prohibition of non-prescription drugs extends to all activities carried out by staff whilst they are at work. These activities include, but are not restricted to, driving on company business, when on call or standby duties or when on trips for company business, training or social events. 6. Disciplinary Action A breach of these rules will be defined as gross misconduct and it is likely that the employee in question will face summary dismissal. If, however, an employee agrees to undertake appropriate treatment and/or rehabilitation for an acknowledged drug-related problem, the Company may decide to suspend any ongoing disciplinary action for related misconduct or poor performance pending the outcome of the treatment. 7. Principles  If an employee is diagnosed as having a drug-related problem the Company will treat it as a health matter. This does not however excuse the employee from any of the disciplinary matters that may fall within the scope of the Company disciplinary policy.  Drug-related problems may develop for a variety of reasons and over a long period of time. All drug-related issues will be dealt with, as far as possible, in a constructive and sympathetic manner. The person responsible for all such issues in the Company is the Director of Finance & Commercial Operations who will also provide employees with the details of where to seek further information and help.  All requests for help will be treated in the strictest confidence and all information xx,xxxxxx is registered charity No xxxx and is limited by guarantee No xxx 3 gathered as a result will be held in accordance with the Data Protection Act 1998. However, it must be recognised that, in supporting staff, some degree of information-sharing is likely to be necessary.  The Company reserves the right to give affected employees lighter duties at the same rate of pay, or require them to take paid leave if it is deemed appropriate.  Following effective treatment and in the absence of any disciplinary action the Company will endeavour to return an affected employee to the same role previously fulfilled by the employee and, where this is not possible. to a suitable alternative.  In the event that an employee following successful treatment for a drug related problem suffers a relapse the Company is under no obligation to make provision for any further treatment and the employee in question may face summary dismissal.  If it is considered that the working environment or culture is the cause or a contributor to a drug related problem, the Company will take all reasonably practicable steps to ensure a reduction of such problems. Author Date prepared Trustee Responsible Date approved by
 
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Agree with MIB, but also having now realised the sector you work in I'm really pissed off at the handling of this. I also don't see anything in there about testing and the procedures around that?
 
Whatsapp is not GDPR compliant anyway, so they would just deny that it was an official group. Job done.

But, in all seriousness, how will it help to dig out this information? The employer will be looking to redact any information which reveals details of other staff, and there are lots of ways to avoid or minimise subject access requests, which is why people are advised to use it thoughtfully and with proper advice.

If it has managers of the company on it’s official.

Pretty much anything can be “gdpr compliant” so I’m not sure how you be so definitive that WhatsApp isn’t.

Alex
 
Don't most workplaces have employees using WhatsApp groups for taking the P during long meetings/trainings? For organising social events? For gossip?

Are they considered discriminatory and subject to GDPR?
 
i've laid this out so it's easier to read Jon-of-arc


drug policy says this...

1. Introduction XX are responsible employers and we take our obligations to our employees very seriously. This is why we have set out this policy to help us ensure the health, safety and welfare of our employees and to help us comply with our legal duties.
 Section 2(2)(e) of the Health and Safety at Work Act 1974 places a duty on employers to provide a safe and healthy working environment.
 It is an offence to supply, produce, offer to supply or produce controlled drugs.
 The Misuse of Drugs Act 1971 makes it an offence for the occupier of premises to permit knowingly the production or supply of any controlled drugs or allow the smoking of cannabis or opium on those premises.
 It is also an offence to aid or abet any of these offences. This policy covers all employees, consultants, contractors, volunteers, bank/ temporary and agency workers. All managers have a specific responsibility to operate within the boundaries of this policy, to ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below its requirements. Any reference in this Policy to a non-prescription drug refers only to controlled or illegal substances and does not refer to medicines, supplements and similar substances that are legally and commercially available in the United Kingdom.

2. Aims of the Policy This Policy aims to:
 Comply with the Company’s legal obligations to provide a safe and healthy working environment for all staff;
 Comply with all of the requirements imposed by law;
 Raise awareness of the effects of drug misuse and its likely symptoms;
 Ensure that employees are aware of their responsibilities regarding drug misuse and related problems; and
 Ensure that employees who have a drug-related problem affecting their work are dealt with sympathetically, fairly and consistently.

3. Health and Safety Misuse of drugs can lead to reduced levels of attendance, reduced efficiency and performance, along with impaired judgement and decision-making. Employees should be aware that anyone under the influence of controlled drugs is a risk to everyone around them and should be alert to possible signs of drugs abuse. Such indicators commonly include:
 Sudden changes in behaviour;
 Confusion;
 Irritability;
 Fluctuations in mood and energy;
 Impairment of performance; and xxx 2
 Increase in short term sickness absence. If employees notice a colleague displaying any or all of these symptoms, employees should encourage them seek assistance through their manager. If they will not seek help themselves, employees should draw the matter to the attention of their manager. Employees should not, under any circumstances, discuss their concerns with any other colleagues. If employees are prescribed medication, they must seek advice from their GP about the effect on their ability to carry out their job and whether duties should be modified. If so, employees should advise their immediate line manager immediately.

4. Searches The Company reserves the right to conduct searches for drugs on Company premises including searches of lockers, drawers, cupboards, bags, cabinets.

5. Prohibition
 Employees are expected to arrive at work fit to carry out their job and to be able to perform their duties safely without limitations due to the use or after-effects of drugs. The use of drugs also includes the use of “legal highs” or psychoactive drugs.
 No non-prescription drugs can be consumed in, or brought onto, company premises, land or vehicles at any time by any person irrespective of their status in, or business with, the Company.
 The prohibition of non-prescription drugs extends to all activities carried out by staff whilst they are at work. These activities include, but are not restricted to, driving on company business, when on call or standby duties or when on trips for company business, training or social events.

6. Disciplinary Action A breach of these rules will be defined as gross misconduct and it is likely that the employee in question will face summary dismissal. If, however, an employee agrees to undertake appropriate treatment and/or rehabilitation for an acknowledged drug-related problem, the Company may decide to suspend any ongoing disciplinary action for related misconduct or poor performance pending the outcome of the treatment.

7. Principles
 If an employee is diagnosed as having a drug-related problem the Company will treat it as a health matter. This does not however excuse the employee from any of the disciplinary matters that may fall within the scope of the Company disciplinary policy.
 Drug-related problems may develop for a variety of reasons and over a long period of time. All drug-related issues will be dealt with, as far as possible, in a constructive and sympathetic manner. The person responsible for all such issues in the Company is the Director of Finance & Commercial Operations who will also provide employees with the details of where to seek further information and help.
 All requests for help will be treated in the strictest confidence and all information xx,xxxxxx is registered charity No xxxx and is limited by guarantee No xxx 3 gathered as a result will be held in accordance with the Data Protection Act 1998. However, it must be recognised that, in supporting staff, some degree of information-sharing is likely to be necessary.
 The Company reserves the right to give affected employees lighter duties at the same rate of pay, or require them to take paid leave if it is deemed appropriate.
 Following effective treatment and in the absence of any disciplinary action the Company will endeavour to return an affected employee to the same role previously fulfilled by the employee and, where this is not possible. to a suitable alternative.
 In the event that an employee following successful treatment for a drug related problem suffers a relapse the Company is under no obligation to make provision for any further treatment and the employee in question may face summary dismissal.
 If it is considered that the working environment or culture is the cause or a contributor to a drug related problem, the Company will take all reasonably practicable steps to ensure a reduction of such problems.

Author Date prepared Trustee Responsible Date approved by
 
Don't most workplaces have employees using WhatsApp groups for taking the P during long meetings/trainings? For organising social events? For gossip?

Are they considered discriminatory and subject to GDPR?

Not necessarily - their “official ness” will be measured by, percentage of managers on there, and if it is referenced in other official communications.

Eg “see the WhatsApp group for updates on company results” etc.

If it’s just people going to the pub, possibly not.
 
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