Disciplinary Hearing (Gross Misconduct)

imacdo2212

Hi,

On the 4th September 2010 I was invited downstairs from my place of work for an investigation to an allegation/complaint made by a customer, the allegation reads as follows:

4/8/10 - 10am - after ordering hot choc with the meal deal I was assured there was no extra charge, however it cost me another 30p. I let it go. When ordering my food I started wondering off to where my friend sat & I was told to stay where I was. I waited for my drinks. The 2 staff were making the hot choc & my waiter said to the other I forgot to ask my cust if she wanted cream & sprinklers, then he said "tough shxx" They were joking about his CS skills. I overheard & was embarrassed. The manager did apologise when I complained but not good enough as horrible experience.

My response to this allegation was that I hadn't swore during the indecent. In my words (during the investigation):

"Cheers NAME you made me look stupid cause I didn't offer cream", I looked over to the girl I was serving for confirmation if she wanted cream but she never gave it. So in a joking manner responded whilst smiling, with "Oh its tough now anyway... She can get what she's given" and proceeded to make the drink with cream. I offered her the drink, and she went to sit down. Afterwards complaining to the team leader who reprimanded me. I may at this time have swore in the gantry, however still don't remember doing so.

Two statements have also been taken, one from the bar associate in question who's statement when questioned if the girls comment was accurate:

Not exactly, he said something similar to that but I don't remember him swearing.

And the team leader who says:

I overheard ME respond to NAME with "I don't give a !!!! what the customer wants. They get what they are given" (Whilst laughing to himself)

There have been no other episodes of my swearing at customers, though my customer service skills were questioned when I hugged a member of staff in front of customers (my regional manager) as she was having a hard time in her personal life. This was dealt with without any disciplinary procedure but feel it is almost worth while admitting.

I've been asked to attend this disciplinary on Monday 13th September at 2pm, but since I have said I wanted a witness asked for the meeting to be rearranged for me to provide one. My manager told me that she wouldn't allow me extra time to find myself a witness, told me that I had to have a member of staff an that I wasn't allowed a Union rep. She also said that she would provide a witness and that was final or I couldn't have one. That if I refused to attend without she would hold it in my absence.

Just wanted to know where I stand regard both what people think about the misconduct and also their stance regarding the witness. I'm frustrated because I don't feel that I swore, I also know that I didn't swear after ward in the gantry/kitchen area but was like, well if I did at all it would have been then.

Googlewhacker

You can't call a witness to the meeting but you can request they speak to the witness of the occasion as part of their investigation because if they don't and it goes to an employment tribunal then it looks bad if they have not done anything about your request.

If it is a disciplinary meeting then you are by law allowed another member of staff or a union representative and they cannot refuse this. You are not allowed family friends (unless they are the union representatitve) unless the employer allows it.

Swearing in front of a customer is GM and if proven you could be dismissed but also it could be any of the other dismissals on how much the employer feels you are worth.

imacdo2212

For witness read - representative

I was told that I wasn't allowed a representative who wasn't apart of the company, and that my manager would decide who it was if I couldn't get someone by Monday (I'm working both Sunday and Monday, when do I have time to find someone?) and that if I wasn't happy then I'd either have the meeting take place without me, or I'd attend without a witness.

As for the actual accusation of swearing, I didn't do it. The other associate who I was talking to says he can't remember me swearing and at the time of the complaint and my subsequent shouting at by my team leader no mention of the fact that I swore was made. It was only afterwards and now after reading the invesitiagtion notes that the fact has been entered in. My team leader shouted at me because my customer service skills "weren't good enough" because I'd said she "gets what she's given" or something along those lines. I apologised to my team leader and said but it was tough, because embarrassed that I'd be reprimanded in front of colleagues for it, I tried to play up to the original joke.

With 2 statements saying I didn't swear and 2 statements saying that I did, surely they have to prove that I did swear? Or am I presumed to have done so because the customer says that I did? I don't swear at my customers, and whilst I am cheeky - I am never unduly rude.

I'm also a little irked that when I approached my team leader to ask if she remember incidents differently from myself she told me "I don't actually remember and don't want to get involved" only to then claim the opposite on a piece of paper.

Googlewhacker

They only have to have reasonable belief that you did what you are being accused of so I would guess that at 50% of the witnesses saying you did and the customer complaining that you did then the evidence tips in the balance of it being reasonable to believe that you did do it but this is only my opinion on how the employer could see it.

I'm not sure on the witness one, I would have thought you would have been allowed to request a postponement to another reasonable time but hopefully someone else can come along and check.

How long have you worked there by the way?

Jacey53

The first line of your post above is confusing.

GW has informed you that you are entltled to bring a representative who works for the company. This in my experience is correct.

Call a union rep, HR rep, training rep if you want someone, or a colloeage who is prepared to sit in. Otherwise take a notepad and pen and make a full note of what is said.

The employer should make a note too and you should be sent a copy for agreement.

imacdo2212

I wasn't sure whether GoogleWhacker had read it as me wanting to bring in my own witness or not, so was trying to clarify the first post... as to me saying witness and meaning rep.

I've been with the company 6/7 months, as I say, the fact that the team leader stated that she didn't remember the incident to myself but was able to recall with clarity exactly what I said was frustrating.

Can understand that I may be told its GM now, fair enough... do feel a little hard done by as I know I didn't - and feel its more a personality clash with my team leader which has led her to say "yes he probably has said that"

SarEl

I'm afraid it's moot. In fact the law says that you can have your choice of a trades union rep or a work colleague, and that if that person is not available you can reasonably ask for a postponement - so not if it takes them 6 months to turn up. The company cannot impose someone. But you have only worked there for a few months and until you have 12 months service you cannot claim unfair dismissal, so it doesn't matter because whatever they do, pretty much, you can't do anything about it. Sorry, but if they do as they propose then you are shafted.

imacdo2212

Just to finish this

My hearing was finally conducted on the 20th September, they have taken the decision to dismiss me for Poor Customer Service and lack of respect for management on the 4th August. I'm considering appealing because I wasn't brought to the disciplinary for these reasons but feel it almost a waste.

Have since found out that they were trying to get rid of me because they had already offered my job to someone else. They have basically looked for any reason to get rid and used it. My final day in I had hours on the board for the next two weeks (so to show that the decision hadn't already been made to let me go) but was told to check properly on the hours... my hours were a mirror image to a new starters hours and had only been put onto the board in the hope I'd only quickly glance at them. Also been told that the "complaint" had been made by a person/friend of the manager who has finally sacked me.

Just feel very let down. I didn't swear and knew I hadn't, just annoyed at how I've been treated.

imacdo2212

Oh and as for witness... I was allowed the witness after I demanded one, but only someone from inside the store or carrying a card as proof they were part of a union?

SarEl

imacdo2212 wrote: »

Oh and as for witness... I was allowed the witness after I demanded one, but only someone from inside the store or carrying a card as proof they were part of a union?

That is correct.

imacdo2212

thank you.

I brought in another member of staff in the end