Help worried sick here. Gross Misconduct

Sambucus_Nigra

They can, and from what your union chap said - it looks like they will.

Personally, I'd be raising merry hell with the union to get their best person onto it!

Companies do sack people all the time. The question is what can be done about it - if they 'provide' evidence to show that they thought you were protecting someone then they would probably win a tribunal. And amazingly, they would probably 'find' that evidence between now and then.

phathanded

Sambucus_Nigra wrote: »

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

I asked for a description of the third person to narrow it down but the manager couldnt see them clearly apparntly and yet they were stood right next to me.

phathanded

Sambucus_Nigra wrote: »

Companies do sack people all the time. The question is what can be done about it - if they 'provide' evidence to show that they thought you were protecting someone then they would probably win a tribunal. And amazingly, they would probably 'find' that evidence between now and then.

Even I know the only evidence that could be put to the tribunal is the evidence against that is against me at the minute because that is the only evidence they would be using to dismiss me.

Sambucus_Nigra

phathanded wrote: »

Even I know the only evidence that could be put to the tribunal is the evidence against that is against me at the minute because that is the only evidence they would be using to dismiss me.

Ok. No worries then.

phathanded

Right folks am going to try and get some sleep before tomorrow. I thank everyone for their support. I will let you all know the outcome tomorrow. Night everyone.

firesidemaid

Hi.

Have just read thru your thread and wanted to add my support. I have helped a couple of friends with successful appeals after they have been dismissed for gross misconduct - we/the company knew both were groundless dismissals but they did it anyway hoping to lose some staff or in second case because they were just complete muppets.

Hope it doesn't come to that, but a couple of thoughts:

has anything like this happened b4 at your workplace/company? if so, what happened?

does your company have an equality and diversity policy/training?

have you any evidence to support yourself against the alleged homophobic comment? what about suitable character statement or evidence from appraisals etc

you need to be prepared for likely questions/evidence with answers etc.

are you and your co-accused meetings on the same day?

if the claimant says that there were three of you present i feel that they need to do their utmost to interview the third person or all the possibles as part of the investigation.

i really do feel for you.

can't remember, can someone help, does the OP have to see all the evidence against him BEFORE this meeting so that he can be prepared - if so, have you had all this?

k66yla

All the best for tomorrow phathanded hope it all goes well for you.

rachelhen

Still here and still hoping for the best outcome for you.

glasgowdan

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.

That is the most relevant question so far - I suspect the manager lacks a spine in this case.

SarEl

glasgowdan wrote: »

That is the most relevant question so far - I suspect the manager lacks a spine in this case.

Didn't read the thread, did you? The manager was the victim of alleged homophobic behaviour. If you are the victim of discrimination or bullying the appropriate action is to submit a grievance, not weigh in there. What would you have had him do? Respond in kind? Prove he "has a spine" by thumping someone? Regardless of whether the victim is a manager or not, it is inappropriate to "settle things yourself", and can make matters much worse.

Regardless of the OP's situation, which may arise from the incident but which is an entirely different and separate matter, it is inappropriate to blame the victim of inapproprioate and unlawful behaviour for (a) being a victim, (b) being "spineless" or (c) doing the correct thing in reporting it and raising a greivance. Bullying and bigotry do not belong in the workplace (or anywhere else).