Help worried sick here. Gross Misconduct

phathanded

Just had a phone call from HR informing me no decision had been made as yet and that i will be informed of the decision tomorrow via a phonecall it seems. Is this the correct way of doing things?

pinkduvetdiva

Good luck for tomorrow Phathanded.:)

Polmop

Hope its all ok for you, any news yet

heretolearn_2

Good luck with it OP, I don't see how they have a leg to stand on if they can't prove it was you who said it.

I also think your union rep is talking out of his bum though. Employers do NOT have to inform everyone by memo or training or whatever that it is not acceptable to insult your colleagues or use racist/sexist/gayist (is that a word?) language, before they can discipline someone who does so.

Jarndyce

phathanded wrote: »

Just had a phone call from HR informing me no decision had been made as yet and that i will be informed of the decision tomorrow via a phonecall it seems. Is this the correct way of doing things?

Correct in whose eyes? The law's? Yes. Yours? Obvuiously not. But that is how they are going to do it.

You need to stop questioning every little thing they do - concentrate on the substantive issue. Hopefully the decision will go your way and you can forget the whole thing. If not you will need to concentrate on preparing an appeal. But focusing on irrelevant detail is not going to help you.

j.e.j.

Phathanded, just see it as an 'enforced holiday' (I am assuming they are paying you while they umm and ah and faff about trying to decide whether or not you might have said something offensive some time ago..?)

I lost count of the number of team members my last manager had frog-marched out of the building and then suspended on some (imo dubious) investigation or other.

Also, while there's no reason you should quit your job because of something you haven't done (!!) now might be a good time to start looking for something better.

phathanded

heretolearn wrote: »

I also think your union rep is talking out of his bum though. Employers do NOT have to inform everyone by memo or training or whatever that it is not acceptable to insult your colleagues or use racist/sexist/gayist (is that a word?) language, before they can discipline someone who does so.

My union rep was just making a point that the company should be seen to be taking this issue seriously. I am not saying that people can go around saying whatever they want to anyone. It would be advisable for the company to set out to the workforce that this behaviour is not acceptable in any way and what the likely punishment is for such offences.

Still now phone call yet its horrible is this waiting around.

Jarndyce it is hard not to question what the company are doing when you have nothing else but that to think about. I am sat at home on my own and I have done everything in my power to take my mind off it but it is very difficult. I thought I would have been treated a little better than what I have. If I was the manager in question I would look at both sides of the case and try to support them both until a proper decision can be made. Just my opinion.

zzzLazyDaisy

phathanded wrote: »

I thought I would have been treated a little better than what I have. If I was the manager in question I would look at both sides of the case and try to support them both until a proper decision can be made. Just my opinion.

An allegation has been made that you were involved in an incident of unlawful discrimination/harassment on the grounds of a colleague's sexual orientation. This is exacerbated by the fact that the alleged harassment was directed to a manager which means that it is potentially also an act of insubordination. This is a serious allegation and most employers would suspend in this situation. The employer has acted lawfully in suspending you and the decision maker is also being entirely reasonable in taking his time to consider what sanction (if any) is warranted.

If he had made a knee-jerk decision within half an hour he could well have been accused of failing to give full consideration to the facts. As it is, he asked for further investigations to be carried out, and is now taking time to consider the results of the investigation.

It is a difficult time for you, but the employer is following due process.

phathanded

Just got the news. Am back to work tomorrow with a final written warning and I am being moved out of my department. Now this has infuriated me. O.K i still have my job which is a good thing and I am grateful. However I have done nothing at all wrong. The manager who made the decision tried a few months ago to transfer me to another department because I work with a relative in my department. I pointed out that this had never been an issue and that we worked extremely well as a whole team in the department and I am fully trained and qualified to do the job which being moved I wouldnt be. Now they have suddenly found an excuse to move me which I am absolutely gutted about. I cant help but feel that there has been an ulterior motive all along with this case.

ILW

It will be interesting to see what offence the written warning refers to.