Suspension

Buddingblonde

I dont know if there are any other incidents that havent been mentioned but if he has no had a verbal or written warning about them can they really go to dismissal without it.
I know different places see swearing differently and in my old job swearing like that was an instant dismissal because of the clients we dealt with (over the phone).
He is very sweary generally and very loud but he is normally the cheeky chappie who has a banter and craic with everyone. He looks destroyed and very very contrite (which he expressed at todays meeting).
Thanks for all your support.

Googlewhacker

If he was abusive to a member of staff then it can be GM as other members of staff may feel threatened.

However as said above if they haven't mentioned it then this is most likely a good sign.

CFC

Suspension is never a good sign - it means that they take the offence seriously enough that there is a possibility of termination. Companies do not put people onto paid leave as a matter of course, it costs money. However it is not possible to predict the outcome of a case; it could go either way. On the grounds of Gross Misconduct they can move straight to termination.
There are arguments to be made on appeal if the decision is to terminate, but many of these are not a good idea at the initial meeting where he should admit he swore and be very apologetic. If swearing tends to be common on the floor, he should also mention that, that it appears to be accepted behaviour on occasion.

caseydog_2

I know the waiting is awful, but what does the letter of disciplinary action actually say? Does it state that dismissal may be an outcome if the alleged offence is believed to have taken place?

You've mentioned that O/H is sweary, lots of people are, sometimes it can be funny other times offensive - all depends on context really. If that's his personality then he's probably used that type of language before in front of managers who've had no problem with it. If so he could argue that he wasn't aware that swearing was a no-no, apologise profusely and accept a warning.

If you're worried, the acas website has the discipline and grievance advisory booklet which says how a D&G process should be handled. Check out their website - down load the PDF booklet - don't forget he can ask a colleague to go to the meeting with him.

Buddingblonde

He hasnt had a letter or anything - whether it will appear tomorrow or during the week I dont know.
I am trying to find his contract to see what it says about gross misconduct but I dont think he has ever had one at home.
Will download the booklet and see what is in that. Thanks everyone

KiKi

Hiya

He needs to be clear what the meeting is next week - an investigation meeting, or a formal disciplinary? If the latter, he needs to know what 'charge' he's facing...poor conduct, gross misconduct etc.

My advice for him is to play it VERY contrite. Apologise and apologise, take full and total responsibility and apologise some more. Be meek, remorseful and explain how it will never happen again. Tell them how this has given him a wake-up call as to the use of his language etc.

If he swears a lot anyway / is jokey etc, and his manager knows this, it's entirely possible that the manager is doing this because the complaint came from someone so senior. Ie, he has to make an example of him, and prove to the SM that he's taking action. This could be a good sign (along with the fact that gross misconduct hasn't been mentioned).

I would expect, by most employer's standards, that he will get a written warning about his conduct (language) and that will be it. I wouldn't sack someone for using foul language if they have an unblemished record and if they make it clear that they are incredibly sorry.

All the best.
KiKi

Buddingblonde

He is known for his banter and craic and is generally a sweary bloke who has a laugh and a joke with everyone (including his manager). He goes out schmoozing other suppliers and companies as part of his job and generally well liked (although I know he is someone that you either love of hate).
He was up all night as I woke a few times during the night and I got up at 5 this morning stressing about it. Not all bad as I have some applications of my own to get done.
I am sure he said it was a disciplinary meeting - although he wasnt told he could bring someone (but I already knew that he had that right). I was suprised that yesterday he wasnt advised to take someone in with him ( I thought they should have advised him of that too).
Thanks for everyones advice.

Googlewhacker

if its investigatory then there is no right to be accompanied, he only has the right for disciplinaries

DVardysShadow

Buddingblonde wrote: »

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.

This is one of the situations where it is worth being a member of an unrecognised union. He could be accompanied to any disciplinary hearings by a Union official.

Buddingblonde

Oh I know - I have always been in a union - like insureance - you dont want to have to pay for it but when you need it it is worth the money!