Suspension

Buddingblonde

OH was suspended from work last week after an incidient the previous week.
OH admits that he was completely in the wrong and has apologised for the incident but we are now terrified he will get the sack.
My own job is coming to an end this month (redundancies) and the thought of no income is making me sick.
OH was using very choice language (very very choice!) to colleagues and was overheard by a very very senior manager who formally complained the the head of OHs department.
It took a week before OH was suspended and he has a disciplinary in a weeks time.
He has never been in trouble before at work and has been working there for 4/5 years now.
He is non union and will be contacting acas on monday but I am so scared I cant think straight.

ohreally

Are they claiming gross miss-conduct?

Why is he not a union member?

suicidebob

I think it depends on the context of the language.

If he was abusing someone, or it was part of a 'joke'

McKneff

When he was using choice language was he actually angry with someone or was it just I presume effing and blinding as a matter of course.

Sambucus_Nigra

What was the context of the language? Did he know that the senior manager was around? Does his general job mean he comes into contact with customers?

Buddingblonde

He has been told he is suspended until a disciplinary hearing - no mention of gross misconduct.
He doesnt deal with the public in his job but deals with other companies that supply the company that he works with - this is face to face and on the phone.
He wasnt abusing anyone but cursing about a company about the quality of materials that had been delivered to him. He was very vocal and the language was very bad (f's but not c's).
He didnt know that he was being overheard by anyone other than his colleagues.

Buddingblonde

He isnt a union member as there is no union agreement in his company. Those who are unionised are members of local but unrecognised unions.

ohreally

Buddingblonde wrote: »

He has been told he is suspended until a disciplinary hearing - no mention of gross misconduct.

Its encouraging if G/M hasn't been mentioned.

What is managements case - they must inform your OH of this prior to the hearing. Are you aware if they are basing their case around his admission?

Buddingblonde

No there isnt a recognised union.
I dont know how the case was put to him but I would assume it was that he was heard swearing (a lot) and that is inappropriate in a work place that has other companies coming in and out of all the time and where phones are going all the time. The reason he wasnt suspended right away is that the senior manager was off last week.

ohreally

Wait until they hand over their case, go over it thoroughly checking for factual errors and procedural errors, decide where to go from there.

It may be that your OH is simply in the wrong however that doesn't necessarily mean he deserves to be punished - he can show that this was uncharacteristic and he realises he made an error in the heat of the moment, outline his years of unblemished service and the high esteem he is held in by his colleagues etc etc etc.

Join a union - it matters not that the employer chooses not to recognise.

RuthnJasper

I'd have thought that he should have a formal warning before dismissal (unless theft, s*xual-misconduct, other criminal activity, etc. was involved). He ought, whether justified or not, to be able to put his side across before he is actually dismissed. I work for a local government body and our basic rule (assuming it is not gross misconduct or anything illegal) is as follows:
Informal Verbal Warning
then
Formal Verbal Warning
then
Informal Written Warning
then
Formal Written Warning
then
Suspension, followed by probationary, measured, return to work
then
Dismissal, subject to appeal
then, if appeal fails,
Final Dismissal.

But your OH should be given a fair hearing and a chance to explain his behaviour and apologise, and a chance to continue his employment with improved behaviour for a time, before he is finally dismissed.

But it does depend on what the employers have against him. It may be that they have received prior complaints about - for example - foul language or inappropriate comments from other employees or customers, and have sat on them, giving your OH "the benefit of the doubt" until the remarks overheard by the more senior colleague proved to be the last straw. Whatever the case, your OH is entitled to a fair, impartial, hearing in which to explain himself.

Best wishes - let us know how your OH gets on. x