Help worried sick here. Gross Misconduct

phathanded

Thanks SarEl, your post has just calmed me a bit. You are right. The thing my delegate said is that because we dont know who the third person that was present is, the allegation is that we (me and the other colleague being disciplined) are covering for them and therefore breaching the trust. Now the truth is the only evidence they have is from the manager who said they heard the comment, turned round and saw me and two other collegues, one of which they couldnt recognise. I have been honest about this all the way through and I have told you all the evidence they have. Why would I cover for someone if I knew who they were? my job is on the line while they are still carrying on regardless, its doing my head in.
Also the company is struggling at the minute and my co-accused and me would be due quite a big sum of redundancy if it came about. Would unfairly dissmissing us save them money in the long run? Just a thought not saying this is what they are trying to do.

Jarndyce

phathanded wrote: »

Thanks SarEl, your post has just calmed me a bit. You are right. The thing my delegate said is that because we dont know who the third person that was present is, the allegation is that we (me and the other colleague being disciplined) are covering for them and therefore breaching the trust. Now the truth is the only evidence they have is from the manager who said they heard the comment, turned round and saw me and two other collegues, one of which they couldnt recognise. I have been honest about this all the way through and I have told you all the evidence they have. Why would I cover for someone if I knew who they were? my job is on the line while they are still carrying on regardless, its doing my head in.
Also the company is struggling at the minute and my co-accused and me would be due quite a big sum of redundancy if it came about. Would unfairly dissmissing us save them money in the long run? Just a thought not saying this is what they are trying to do.

No it wouldn't (assuming you are on statutory terms) , but fairly dismissing you would. And all they would need to show was that dismissing you was in the range of reasonable responses, and for a genuine reason following a reasonable investigation.

I can't stress enough that it is at this stage, not at a tribunal, that you stand the best chance of saving your job. If you are not happy with your union rep then ditch him now, and make sure you get someone competent to handle any appeal eg by going direct to the union's regional office for help if required.

Sambucus_Nigra

What I don't understand is why a manager would go to HR if a comment was made, rather than go up to the people who were there and ask 'who said that'...If you want to get rid of someone for making a comment, then getting it sorted there and then with an immediate suspension pending the investigation whilst the incident is still fresh has got to be better than asking people what was said and who was there weeks later.

phathanded

Thanks Jarndyce. My union delegate is coming from the Regional office. I think he was just preparing me for the worst case scenario and to prepare me properly for the disciplinary. This case all boils down to whether they believe that we are lying to protect someone. Like I say the only evidence is the managers complaint and me and my co-workers accounts which both match. So i cannot see how dismissing us would be within a range of reasonable responses, and for a genuine reason following a reasonable investigation. What is a reasonable investoigation, they have not asked anyone who was named that could have been there.

rachelhen

I have nothing useful to say but I wish you all the luck in the world its a horrible situation for you and will keep you in my thoughts hoping for a fair outcome

phathanded

Yeah Sambucus i have thought about this. If i was the one who was upset about a comment I would be doing my utmost to find out who the three individuals in the group were. The manager couldnt see the third individual despite us being stood together. I asked for a description of the third person and they couldnt give me one. The manager could just walk into the department now we are suspended and see if he recognises the third person but this is isnt happening. it just doesnt add up to me and this is what is worrying me. If they are not competent enough to do a thorough investigation for both sides of the dispute then what chance do I stand?

phathanded

rachelhen wrote: »

I have nothing useful to say but I wish you all the luck in the world its a horrible situation for you and will keep you in my thoughts hoping for a fair outcome

Thanks so much Rachelhen. The thing that is really getting to me is that if I had done something wrong I am man enough to stand up and take the consequences. People who use any derogotary terms at work deserve full punishment but when you have been dragged into something you have nothing to do with it is really hard to take.

rachelhen

I can only say that my heart goes out to you I don't know enough to help but it all sounds a bit of a weak accusation, they aren't accusing you of saying it and noone can identify who allegedly said it it doesn't sound very promising for them but I really don't know enough. Where is concrete evidence only word against word it appears to me.
Why when it happened didn'tthe manager tackle it? Or at the very least walk by to see the face of the third person I think if I was on your side in their I would be asking that. I think managers have a duty to tackle such things don't they?

phathanded

Yes thats what i would have thought.In the managers evidence they say they didnt come into the area because they were dazed and upset by the comment. Now I can accept that if you are upset by a comment then you may not know how to react but for me to be questioned about it 6 days after it happened doesnt make any sense. The thing is the manager in question is a customer relations manager and therefore spends the majority of the day being shouted at down the phone.

yvonne13_2

OP I hope you don't get dismissed, it sounds like you and your co-worker are being falsely accused. Fingers crossed