Help worried sick here. Gross Misconduct

pineapple

Many years ago as the first woman in a particular management job I was the subject of all sorts of stuff but I dealt with it - without running to the bosses. I'm sorry but we have turned into a bunch of pc wusses in this country.
It's become too easy to pull the race card, the gender card, the 'phobic' card, the 'ism' card... In fact I've known people who have made a career of doing just that.
In my local authority employment I actually had Personnel (sorry 'Human Resources') admitting to me privately that they gave a gay colleague all sorts of concessions because they were afraid of just this. Similarly another local authority employer moved a black colleague from place to place after he caused mayhem wherever he worked. Anyone else would have been sacked. It's gone too far.

Acc72

phathanded wrote: »

Just got the news. Am back to work tomorrow with a final written warning and I am being moved out of my department.

Firstly, I am pleased that you have kept your job.

Others will be better placed to advise you as to whether you should appeal - what has your union rep said ?

I would be inclined to appeal. They have found you guilty of this, however what evidence is this based on? Also, on a final written warning it would be easy for your employer to find a small issue as a reason to move you out of the company.

Have you requested a copy of the investigation report and a copy of the minutes etc. to all meetings ?

ILW

pineapple wrote: »

Many years ago as the first woman in a particular management job I was the subject of all sorts of stuff but I dealt with it - without running to the bosses. I'm sorry but we have turned into a bunch of pc wusses in this country.

I would agree, as said before, it does appear that the manager who made the complaint is not management material at all. Doubt if any of his team will have respect for him after this.

zzzLazyDaisy

As others have pointed out, the employer does not have to 'prove' that you carried out the act complained of, but just has to come to an honest and reasonable belief based on the facts revealed by the investigation - which also includes what was said at the disciplinary interview. It seems that the decision maker believed the manager's word against yours.

Given that the decision is that you were involved in homophobic and insubordinate behaviour towards your manager, it is appropriate to move you.

You are now at risk if you find yourself on another disciplinary - so it is probably a good thing that you are no longer working in the same department as the manager who made the complaint.

EDIT congratulations on keeping your job though - that, at least, must be a relief.

savingssaver

my friend had the exact same problem, she went to the unionn, and she got her job back and some advantages.

firesidemaid

relief for you that you have kept your job - but a FINAL written warning??

It will be interesting to see the full investigation report and the reasoning behind their decision.

i am assuming that you and the other colleague will both have been given the same ie. final written warning plus being moved. will your colleague be being moved to the same dept as you or another?

i agree it sounds fishy (esp about the relative thing), but obviously your union delegate can advise you on this.

it will also be interesting to see what lengths were taken to id the third person - i take it there is no cctv or similar?

why would they move you to a dept that you do not have training for?

Definitely discuss with your delegate re. said boss trying to move you previously - is there anything written re. this?

also, have their ever been any similar problems in the company re. racial/sexual/homophobic comments before, even if they didn't lead to investigation?

chin up:(

phathanded

Acc72 wrote: »

Firstly, I am pleased that you have kept your job.

Others will be better placed to advise you as to whether you should appeal - what has your union rep said ?

I would be inclined to appeal. They have found you guilty of this, however what evidence is this based on? Also, on a final written warning it would be easy for your employer to find a small issue as a reason to move you out of the company.

Have you requested a copy of the investigation report and a copy of the minutes etc. to all meetings ?

Yes I have all the minutes to all meetings etc. I will be appealing against this because I have done absolutely nothing wrong. Just found out that my co-accused is just getting a final written warning and no transfer out of department. Surely i should be treated the same as them? The evidence against us both is exactly the same so why am I being punished twice?

ILW

phathanded wrote: »

Yes I have all the minutes to all meetings etc. I will be appealing against this because I have done absolutely nothing wrong. Just found out that my co-accused is just getting a final written warning and no transfer out of department. Surely i should be treated the same as them? The evidence against us both is exactly the same so why am I being punished twice?

Doubt if you can dispute the transfer, they can do that with no reason at all. (assuming it does not involve a cut in pay or conditions).
Sounds like you could appeal the warning though.

rachelhen

Glad you still have the job but don't understand their reasoning in the slightest!

phathanded

Surely i can dispute the transfer when it is part of my punishment. The other collegue is staying where he is. In fact i am more qualified and trained than the oteher collegue so if anyone should be moved it would make more sense to move them. I cant wait for my union delegate to find out about this I have a feeling he is going to have a field day.