Help worried sick here. Gross Misconduct

RobertoMoir

dandelionclock30 wrote: »

Its best just to be quiet in the workplace and not joke about anything because there will be always someone who will take offence even if its just a funny joke about a cup of tea or something.Someone will say it was discriminatory against tea drinkers or something equally as daft.
Where I used to work,unless it was hello, goodbye or has anyone seen the hole punch? then someone would get offended and run to the boss.
In order to keep yourself safe it best to just stick to the basics.Its not like being with your friends down the pub or with your family.Take it from someone who has lived and learned on this!

You're seriously equating jokes about tea drinkers with things like racism and sexism? That's absolutely crazy.

dandelionclock30

O get over yourself.

What I am saying is that some people can take offence at often very lighthearted innocent comments and the slightest thing.

Of course racist, sexist and homophobic comments shouldnt be tolerated in the workplace.

RobertoMoir

dandelionclock30 wrote: »

O get over yourself.

What I am saying is that some people can take offence at often very lighthearted innocent comments and the slightest thing.

Yes. But it sounds like that isn't what has happened here. I'm getting the impression that the OP and the manager who made the complaint are both the victim of someone using quite unsuitable language.

phathanded

God I didnt mean to cause all this arguing lol. Just starting my third week of suspension over something I had nothing to do with. I do not condone any sort of harrasment or bullying. I do like to have a laugh and a joke at work but never at someones expense. Usually the jokes I make are at my expense. I have been caught up in something here and I agree, me and the manager are both victims here. I pointed this out in my disciplinary. They said the manager has took it very hard and has been very stressed and also have I. The managers doing the investigation and the disciplinary said this is a very serious allegation which I whole-heartedly agree with. However, as my delegate pointed out, the allegation is so serious that everything else should have been put to one side and a full investigation done. The manager said he has been too busy to do this which to me is complete incompetence. This incident happened nearly three weeks ago and the company has done nothing about it. I have gone from being a complete nervous wreck to being so angry at how this is being dealt with. Anyone who uses derogatory remarks or bullying deserves disciplining but a full and proper investigation is only fair for both sides of the allegation. Sorry about that had to have a rant because its driving me crazy here.

Savvy_Sue

Being suspended is of course a perfect opportunity to update your CV ...

Going for interviews might be a no-no, because you are have to be at the company's disposal, but it does give you plenty of time for anything which can be done at home!

phathanded

SavvySue I am ahead of you. I have done exactly that and updated my C.V ready for any oppertunity that arises. Unfortunately I cant do the D.I.Y I want to do because I could need every penny I have if the worst happens. I cannot live my life how I want to. I have had to cancel 3 social events I was meant to be going to because I dont know what the future holds for me. There should be rules stating how long someone can be suspended for because it is a terrible situation to be in. The incident happened nearly three weeks ago and it has been the worst three weeks of my life. I cant be myself because the issue is just running around my mind 24/7. Just want to be back at work doing what I really enjoy doing.

firesidemaid

hi phat.

good to hear from you - hope you are holding up.

i agree with the timescale - the length in itself is stressfyl.

on the two occasions that i have assisted in appeals once dismissed - it is they that took weeks.

with the first, we were about to drive over 100 miles to attend, when the postman arrived with a letter to say hearing had been postponed - it was only luck that we hadn't set off. we won the case a few weeks later and of course then my friend had be paid and reinstated (in this case transferred).

cut to a few years later and my friend was the one assisting with the appeal for the next alleged incident. several staff were dismissed (wrongfully - they knew it, but were trying to cut staff in the cheapest way). they hoped that some would find other jobs whilst waiting for the appeal, which worked. some hung on and then had payouts, whilst others were re-instated.

at the time we spoke to acas re. all of the above, but there was no guidance re. timescales, at least not back then.

hopefully, it will not come to this for you - especially as they can see that you have strong union presence and a good character on your side (oh yeah, plus the fact that you are totally innocent;)).

sometimes it's all about management not knowing what they are doing or how to handle investigations/hearings etc. often the employee/s and the union rep who are far better prepared and know the system etc inside out - because they/you will have done your research and prepared fully.

phathanded

I do not see the point of me having my disciplinary last friday. They are now doing a bit more investigation because my union delegate wiped the floor with them and they have realised they have messed up drastically. My union delegate pointed out that they havent even sent a memo or anything to the workforce to let them know that this type of behaviour is not acceptable which they should have done apparntly. Also the union had offered to come into the workplace and do training on such issues free of charge which the company refused before this incident happened. All in all the management and especially the HR director have made a complete hash of this from the beggining and me and my co-accused are the ones who are suffering the most!!!

Acc72

phathanded wrote: »

My union delegate pointed out that they havent even sent a memo or anything to the workforce to let them know that this type of behaviour is not acceptable which they should have done apparntly.

Also the union had offered to come into the workplace and do training on such issues free of charge which the company refused before this incident happened.

Please be sure of your "defence".

You are clearly stating that you did not say what was alledged to have been said - that is it.

Do not go down the road of "I didn't even know it would be wrong to say such a thing" as this is irrelevant as you did not say it in the first place.

Your company / the Union can argue about training and awareness etc. AFTER your case has been dismissed.

phathanded

I completely understand Acc72 i have stated what my defence is many times on here. I was just using this to illustrate the pathetic approach the management have taken on this issue. Obviously this is a serious allegation and its right that something should be done about it. However the management have started by suspending me and my collegue and that is it really. Nothing else has happened apart from an appaling investigation and two disciplinarys that have still had no outcome three weeks after the event. I have been totally clear that I never said or heard such a comment from the outset.