Really Worried that I Will be Dismissed? Any Advice??

LegalSec

I work as a secretary for law firm. I have been accused of telling a client to f***off. This did not happen although I wasquite short with her. The client, a woman in her 20s (with more money than sense), has major issueswith the firm and has threatened to take her case elsewhere on numerousoccasions. She has now made thisallegation in writing and has demanded I get immediately dismissed. I have not been suspended but I received aletter on Friday scheduling a disciplinary meeting for Wednesday morning andstating that the offence is gross misconduct for which I can be dismissed. Can they do this?

Sambucus_Nigra

Of course they can.

A customer makes a complaint and they investigate it - the complaint is of a standard that can result in a dismissal and as such they have to tell you this.

See to me - a customer with more money than sense is a good thing as they are spending their money with me. So they are to be taken in the highest regard no matter how annoying they are.

I take it that you have issues with her being younger than you and as such, you think you are better than her because she is just in her 20s? And this has come out in conversations? Are you sure you didn't tell her to f - off? Would anyone have overheard this conversation?

Perhaps you should take it as a warning not to be short with customers [you know, the people that pay for services and which ultimately pay your wages?]

torbrex

As above - Of course they can

I was assaulted while doing my job and got dismissed for it, the customer is always right and there is virtually nothing you can say in your own defense unless you have a witness.

withabix

They can.

I hope your typing and grammar is better at work!

Torbrex: I assume (hope?) you punched back afterwards if you lost your job?

Sambucus_Nigra

LegalSec wrote: »

I work as a secretary for law firm. I have been accused of telling a client to f***off. This did not happen although I wasquite short with her. The client, a woman in her 20s (with more money than sense), has major issueswith the firm and has threatened to take her case elsewhere on numerousoccasions. She has now made thisallegation in writing and has demanded I get immediately dismissed. I have not been suspended but I received aletter on Friday scheduling a disciplinary meeting for Wednesday morning andstating that the offence is gross misconduct for which I can be dismissed. Can they do this?

Just quoting for future reference.

torbrex

withabix wrote: »

They can.

I hope your typing and grammar is better at work!

Torbrex: I assume (hope?) you punched back afterwards if you lost your job?

I am not a violent person and after discovering from the police that the other guy was, I stayed well away.

I did lose my job and it was classed as gross misconduct which is now on my permenant employment record so any prospective employer asking them about me will be told this.
I have not had a permenant job since

Uncertain

I'm not sure why everybody is being so unpleasant in their responses!

To answer the OP's questions.....

Yes, the firm is acting correctly (as you would expect) in their letter to you.

You are entitled to be accompanied by a work colleague of your choice or a trade union rep at the meeting (they should have told you this in the letter - I assume they did).

You could ask for a reasonable postponement to arrange this if necessary.

All you can do is put your side of the story as clearly as you can. I would suggest you write a detailed account of the conversation and any background as to why this person may make a false accusation.

Ultimately the firm do no need proof to dismiss you fairly (in law), only a reasonable belief that the misconduct took place. Rightly or wrongly that is the law.

ILW

LegalSec wrote: »

I work as a secretary for law firm. I have been accused of telling a client to f***off. This did not happen although I wasquite short with her. The client, a woman in her 20s (with more money than sense), has major issueswith the firm and has threatened to take her case elsewhere on numerousoccasions. She has now made thisallegation in writing and has demanded I get immediately dismissed. I have not been suspended but I received aletter on Friday scheduling a disciplinary meeting for Wednesday morning andstating that the offence is gross misconduct for which I can be dismissed. Can they do this?

In what way were you "short" with her?

Uncertain

LegalSec wrote: »

. The client, a woman in her 20s (with more money than sense), has major issueswith the firm and has threatened to take her case elsewhere on numerous occasions. She has now made thisallegation in writing and has demanded I get immediately dismissed.

Just to expand on my earlier reply.....

If you have access to written evidence of the above I would try to get hold of a copy and keep it safely at home.

The fact that she has demanded your dismissal and spends a lot of money with the firm SHOULD have no bearing on the matter.

There is no doubt that telling a client to "F off" almost regardless of the circumstances is a dismissible offence. You say this did not happen so what matters is whether the firm can have a "reasonable belief" that the allegation is true. Assuming there are no witnesses or recordings, so it is just her word against yours, then all the firm can properly consider is your employment record and general conduct.

If it could be shown that they were influenced by wanting to keep her business that would likely make any dismissal unfair.

ILW

Are the saying the words F off were used, or is it a matter of the attitude was to F off?

Anarchist

To dismiss you fairly, they would have to prove that you were more likely than not, to have told her to 'F Off'.

So, for that to happen, as it is your word against hers, they would need to take into account your current and past behavior, and hers. If you are a !!!!! generally, and have been known to tell others to 'F Off', or generally be !!!!!y etc, then realistically they can uphold the complaint. Have you been disciplined for anything else by the company before? Verbal or written, or would anybody have reason to say that you are that type of person?

If you're not though, and generally the sun shines out of your !!!!, then chances are it will not be upheld.

Most probably, as they won't want to make possibly a costly mistake, they will probably uphold the complaint but put you on a final written warning. Which you've every right to appeal, but probably best off not.