Help worried sick here. Gross Misconduct

SarEl

Sambucus_Nigra wrote: »

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.

I may be wrong, but I get the feeling that the manager was the (alleged) victim of a homophobic comment, not simply a bystander who heard something. That would explain both why they went to HR instead of "sorting it" themselves - and conceivably also why the employer is taking this so seriously, especially if it is not the first time. Unfortunately, even if the OP is telling the truth, it also doesn't mean that the alleged incident didn't happen. Not hearing something is not the same thing as something not having been said.

phathanded

The manager is the alleged victim of the comment. The facts of the case are they heard a comment made towards them. Turned around and saw me and two others all of whom were in conversation. I was took into an investigation 6 days after said event in which i couldnt even recall seeing the manager that day. I know that i didnt say any homophobic comment and that I never heard my collegues make a homophobic comment. Thats all I know. I am not saying the manager never heard the comment but I know i didnt hear such a remark. They could have misheard or anything. Now its not in my interest to lie on this board because i want relevant feedback. Also at the time I was using air powered machinery and there was plenty of noise around. I understand they have to take any complaint like this seriously but I truly have not done anything wrong.

SarEl

phathanded wrote: »

The manager is the alleged victim of the comment. The facts of the case are they heard a comment made towards them. Turned around and saw me and two others all of whom were in conversation. I was took into an investigation 6 days after said event in which i couldnt even recall seeing the manager that day. I know that i didnt say any homophobic comment and that I never heard my collegues make a homophobic comment. Thats all I know. I am not saying the manager never heard the comment but I know i didnt hear such a remark. They could have misheard or anything. Now its not in my interest to lie on this board because i want relevant feedback. Also at the time I was using air powered machinery and there was plenty of noise around. I understand they have to take any complaint like this seriously but I truly have not done anything wrong.

Y wasn't accusing you of lying, simply pointing out that other posters were making assumptions that could not be supported by what had been said previously. This now makes a lot more sense (cold comfort to you, perhaps, but it makes sense). Homphobia is never excusable, but if this manager is a victim of it, that is far more serious that the "generally bigoted and stupid statement" that people hear on the shop floor all too often.

phathanded

Yes I know why it is being taken so seriously. Now in your honest opinion SarEl do you think they have a. done an adequate investigation to discover the facts, b. evidence to say I said or heard the remark and c. grounds to dismiss me when I dont know 100% who the third person was. It could have been 1 of about 5 people and I asked for a description so I could narrow it down.

Sambucus_Nigra

SarEl wrote: »

I may be wrong, but I get the feeling that the manager was the (alleged) victim of a homophobic comment, not simply a bystander who heard something. That would explain both why they went to HR instead of "sorting it" themselves - and conceivably also why the employer is taking this so seriously, especially if it is not the first time. Unfortunately, even if the OP is telling the truth, it also doesn't mean that the alleged incident didn't happen. Not hearing something is not the same thing as something not having been said.

I guessed that, but playing dumb was one way to get a more relevant story from the OP.

'I have been accused of making a homophobic comment to a manager' would have been more simple.

Sambucus_Nigra

phathanded wrote: »

Yes I know why it is being taken so seriously. Now in your honest opinion SarEl do you think they have a. done an adequate investigation to discover the facts, b. evidence to say I said or heard the remark and c. grounds to dismiss me when I dont know 100% who the third person was. It could have been 1 of about 5 people and I asked for a description so I could narrow it down.

They don't even need to know 100% anything. They can just assume that it could have been you and dismiss on balance of probabilities.

phathanded

Sambucus_Nigra wrote: »

I guessed that, but playing dumb was one way to get a more relevant story from the OP.

'I have been accused of making a homophobic comment to a manager' would have been more simple.

Yes I suppose it would have been simpler. However the wording of my disciplinary allegations makes it look like they know they have no evidence against me personally but they know that it was said and that because i am supposedly hiding someone that is a breach of trust.
If i knew who the third person was it is in my interest to divulge this because I could be out of a job for not telling them while the third person involved has had not one allegation against them!!!!

pineapple

I have no idea what was alleged to have been said but sorry - we have become far too politically correct in this country.
I have known frightened bosses tiptoe round known trouble makers because said trouble makers might pull out the equal opps card or accuse them of an 'ism'.
I have never fogotten my council employers sending round a memo forbidding staff to use the term 'black bin liners'. Glad I'm out of it. Good luck OP.

Sambucus_Nigra

Ok - is there any likelihood that you can in any way find out who this third person could possibly be?

phathanded

Sambucus_Nigra wrote: »

They don't even need to know 100% anything. They can just assume that it could have been you and dismiss on balance of probabilities.

Surely they cannot just dismiss on balance of probabilities when two people stood in an area never heard the comment and the manager did. Companys could sack anyone at any time if this was the case.
Lets say i made the comment to the manager with nobody else around so it was just me against them. Could they just sack me because the manager said I said something?