How hard is it to get a job having misconduct against you?

woody01

Louise22 wrote: »

you don't have a clue about me, what I have done or my experiences are, so how you feel you can judge me is amazing. Thank god I don't work for you or within the same organisation as you.

Well that's rich of you!
Assuming i where i work and what i do is the first thing you did (and obviously gave no thought to).

As far as working for me goes.......you wouldn't get past the door........i am very particular about the knowledge and integrity of who i employ

kissit

cheers trust,
at the moment i still have my evening job with the nhs and there are allways short of staff and have allready asked about hours and there said no problem,been there 3 years now.but i am not giving up on the 22 years job.

Louise22

woody01 wrote: »

Well that's rich of you!
Assuming i where i work and what i do is the first thing you did (and obviously gave no thought to).

As far as working for me goes.......you wouldn't get past the door........i am very particular about the knowledge and integrity of who i employ

well you were assuming you knew about my experiences so fair is fair, huh? And I am quite happy with the job offers I have had from all my recent interviews, so thanks.

zzzLazyDaisy

kissit wrote: »

he came to me three times and asked me the same question and snapped using the f word twice.i didnt threaten him or anything like that.

to me this is not a gross misconduct charge.

I am sorry, but if you go into the disciplinary with that attitude, you are not going to help your case.

Do you have a copy of the disciplinary procedures? Does the letter informing you of the disciplinary meeting explain which part of the procedure they are relying on when they say this is potentially a GM issue? For example, does the GM part of the procedure list 'threatening behaviour' as potential GM? Or was the altercation with someone who you are answerable to as part of your job, in which case it may fall under 'failure to follow a reasonable instruction'. Whatever, the letter should explain this.

Just because the employer is holding a disciplinary hearing, it does not mean that they have decided to dismiss you. This is YOUR opportunity to explain what happened, and to state your case. So you should remind them how long you have been there and that you have a clean disciplinary record. But you might also want to consider making it clear that you regret losing your temper and assuring your employer that you realise such behaviour is unnacceptable and that it will not happen again. Genuine remorse might just sway the decision in your favour.

kissit

cheers zzzlazydaisy. great help....

woody01

and to state your case. So you should remind them how long you have been there and that you have a clean disciplinary record.

thats irrelevant and won't carry any weight.

consider making it clear that you regret losing your temper and assuring your employer that you realise such behaviour is unnacceptable and that it will not happen again

This may well help you though.

Also, what is the other employee like?
Has he had disciplinary hearings?
Poor at his job?
Cause aggrevation?

kissit

to be honest woody.
the other employee is a !!!! head.
he has had a couple of warnings(me none)
job is ok just tills (i am a supervisor)
not really no agro.

yes i have put in my later that i am truly sorry and it will never happen again.

Trust_2

sorry just to re-iterate,

And there could well be plenty of experienced people on here, or may not,

Phone acas they will give you 'Free' help, or citizens advice

Don't go in there cold, work out what you will say, keep to the facts and do not hand in the letter. Also 'IF' this is a disciplinary make sure they follow due process, have you been told you can take someone in with you, not to speak for you but to give you support, this person can be a friend or can be someone official.

Going back to this other party, be clear when questioned that there was another person who submitted a statement but retracted this due to facing the truth! (Only submitted through pressure from the other side)

Please do not sit back, if you do leg work today it will help you next week honest

Good luck, and keep us informed

kissit

hiya trust,
yep i have phoned acas and have been to citizens advice there where both very good and even both of the said i should walk away with a final written warning,but i am not to sure on this.

yes i will be taking somebody in with me who has worked with me for the full 22 years at the same place.

yes i will be bringing up the statement and the fact that somebody tried to bully him into doing it.

many thanx.

taylor21_2

Hi Kissit

Swearing can constitute gross misconduct.

As an employer, this is how I would handle things -

Conduct an investigatory interview with all concerned. This is a basic fact finding interview that will allow me to establish the basic facts surrounding the incident. From here I can ascertain what steps I needed to take next.

In your case it appears that the decision has been reached to progress this to a disciplinary hearing.

If you were my employee these are the things I would consider -

* Did this incident occurr in a customer facing environment - was it detrimental to the company.
*How is the person that was on the receiving end ? Do they feel bullied, victimised, intimidated etc
*was anyone in the work place affected by your behaviour - you dont need to be on the receiving end to raise a complaint and to feel intimidated(for example) by someone elses behaviour.
*Is this out of character?
*Is it likely to happen again
*Do you understand the possible implications of your actions - are you sorry
*If the other person or people were really affected by your actions, can I see a way forward.
*Is swearing common place and generally accepted.

And the big one for you - were there mitigating circumstances - for example -
you are suffering from stress due to workload etc
you felt bullied and were scared to talk about it
you have personal issues at home that are making you behave out of character

Just a couple of examples.

If this was out of character, you are generally the model employee, I can ensure that the no one in the team feels intimidated, bullied etc and I do not feel that this would happen again - I would give a warning.

I have to say though, I have dealt with a similar incident myself , I witnessed the out burst from 2 of my best lads, I knew that we were under pressure to reach a deadline at the time and it was out of character. I pulled both colleagues to one side and addressed the situation there and then. I ensured that neither of them wished to make a complaint about the other, ensured they realised that it was totally unacceptable and we moved on. It didn't happen again. It all depends on the individual circumstances.

Good luck