ET advice

MrSnuggles

DIN786 wrote: »

but the difference here was my comments were in aleaving card to a friend I put in a little banter that my immediate team knowabout as we all talk like that.

Then that card some how got sent around theoffice for others to sign when it should not have.

Also looking up on the previous cases the accusedall stated it was banter within the office and none were dismissed where as inmy case I stated that as well as the other examples but I was still dismissed.

Perhaps you did offend this colleague and this individual decided to circulate your message through the entire office, to get you sacked? And while you get sacked, this person acts all surprised and sarcastically offers sympathy without you realising what really happened.

debsue

In my experience many people will tell you they will give statements to back you up, however they usually back out because thiey do not want recrimination from their employer. Their loyalty will stay with their employer, not you. you will be surprised what comes when you exchange statements.

Evilm

DIN786 wrote: »

Yesbut would I not stand a chance as I can prove discrimination as employees whombroke the same policy for similar type of banter were not dismissed?

Unless you have concrete proof of that on your own then No.

The employer has no obligation to provide you proof which would break data protection/privacy rules. Anyway, if this banter was in cards which went to leavers how would you/the employer still have proof?

To be honest AFAIK the employer doesn't even have to be consistent with their treatment as long as it wasn't discrimination related to belonging to a protected class.

marybelle01

So in summary, you made a racist remark on a leaving card for a colleague which was seen by other colleagues; you are relying on people who still work there to support you against your employer by appearing as witnesses when in fact they will have to admit you said it; the remark was reported to the employer and at least one person was offended; you are relying on other cases to which you have no access and no right of access as your defence; and you belong to that group of people who actually think racism is ok provided the recipient of your twisted humour doesn't smack you one to demonstrate their displeasure. I think that about sums it up …

You are so screwed …

dandelionclock30

Looks like they shafted you, they didnt want to pay your voluntary severance.
Doesnt matter who elce has done it, like has been said people wont support you against the employer with statements. Even if they did the employer could argue the circumstances were different.Last person who did it could have been coping with cancer etc.
If you broke the policy and its under gross misconduct they can dismiss you, just like that. Theres nothing you can do but move on you wont win an ET.

BlueAngelCV

It seems a bit harsh and obviously an attempt to get away with not paying out but I think it all depends on what the comment was. A bit of friendly banter is fine and there are things I say to some colleagues which I wouldn't say to others but nothing that would be considered gross misconduct if it was overheard.

DIN786

MrSnuggles wrote: »

Perhaps you did offend this colleague and this individual decided to circulate your message through the entire office, to get you sacked? And while you get sacked, this person acts all surprised and sarcastically offers sympathy without you realising what really happened.

nope we are good mates he even went ot all the senior managers stating he was not offended as the comment was directed at him and he provided a witness statement before he left teh country.
99% people i have spoken to have given me the same name of teh person they beleive that complained as he is that type of person to complain

DIN786

debsue wrote: »

In my experience many people will tell you they will give statements to back you up, however they usually back out because thiey do not want recrimination from their employer. Their loyalty will stay with their employer, not you. you will be surprised what comes when you exchange statements.

true but i am hoping that i can mark out the employees names out of statements just as they did with the person whom complained. but the names woudl be visible to the ET to show I have not juts made up some statements?

DIN786

Evilm wrote: »

Unless you have concrete proof of that on your own then No.

The employer has no obligation to provide you proof which would break data protection/privacy rules. Anyway, if this banter was in cards which went to leavers how would you/the employer still have proof?

To be honest AFAIK the employer doesn't even have to be consistent with their treatment as long as it wasn't discrimination related to belonging to a protected class.

i have case files and ref numbers of similar cases where people have made racist, sexist, homphobic commetns in a freindly banter way as mine yet none of them were dismissed.
i have put forward unfair dismissal agianst the company and discrimination against race and religion.

As i am asian and most of teh people on teh case files were non-asians whom got away

DIN786

marybelle01 wrote: »

So in summary, you made a racist remark on a leaving card for a colleague which was seen by other colleagues; you are relying on people who still work there to support you against your employer by appearing as witnesses when in fact they will have to admit you said it; the remark was reported to the employer and at least one person was offended; you are relying on other cases to which you have no access and no right of access as your defence; and you belong to that group of people who actually think racism is ok provided the recipient of your twisted humour doesn't smack you one to demonstrate their displeasure. I think that about sums it up …

You are so screwed …

As i am asian and the comment was made to my gay friend where teh comment was an injoke between me him and my immediate team and he also has banter about my colour etc but i accept as a joke from a friend as i know they dont mean it and vice versa

I have the case files and the outcomes of them. at my case management discussuion on Tuesday the judge had told my ex employer that they will need to show all teh information on those cases and why the employees wer not dimsissed/

In regards to teh statements i was enquiring about them as my ex employers stated the reasons they considered which i counter-argue. some of their reasons below:

My ex employers also stated they had to consider that that my comments had an impact on the office (which is a lie as they provided no evidence) – I can get up to 25 people statements stating that my sacking had actually effected them?


They also stated that the card I bought was a ‘work’ card not a personal card (even though I bought it with my own money where it was to be signed by my immediate team and no-one else) – I can get people in the office stating it was my personal card is this worth doing?



They also stated that the vein of my comments were different to the other comments (yet I stated it was banter and my colleague whom I directed the comments at has backed that up) others can back that up to is this worth getting statementsfor too?