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Dignity at Work

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I swore online using the phrase f-tard to refer to depot workers who pack things in such a way that goods are always being broken/damaged. No names were mention as it was just a general message to UP there act.

Others have done the same though using bad apples, idiots, fools, etc. f-tard is a commonly used word to describe idiots, etc.

I have now been charged with GROSS MISCUNDUCT and may lose my job.

Where do I stand?

Ian (UK)
«13456710

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    When did you start working for this employer?
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • ianuk1 wrote: »
    I swore online using the phrase f-tard to refer to depot workers who pack things in such a way that goods are always being broken/damaged. No names were mention as it was just a general message to UP there act.

    Others have done the same though using bad apples, idiots, fools, etc. f-tard is a commonly used word to describe idiots, etc.

    I have now been charged with GROSS MISCUNDUCT and may lose my job.

    Where do I stand?

    Ian (UK)

    That is a very offensive word. You clearly have no idea how to act in the workplace, what other people may do is irrelevant. I would agree that such an act is gross misconduct, and is likely to result in dismissal.

    You stand in the queue at the Jobcentre.
  • Honeypie
    Honeypie Posts: 122 Forumite
    That is a very offensive word. You clearly have no idea how to act in the workplace, what other people may do is irrelevant. I would agree that such an act is gross misconduct, and is likely to result in dismissal.

    You stand in the queue at the Jobcentre.

    What was the point in that?


    OP I would advise you to gather as much evidence as you can of others doing the same/similar. Delete the comment, make your social media profiles private or delete them.

    Unfortunately lots of people are sacked for such things - whether they named or identified a person and/or their place of work or not. Once an employer knows it's you and has seen the comment there is little you can do other than fight your case and hope for the best.
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    Other people are irrelevant in this case, HE was caught using a grossly offensive term and now will carry the can for it - there is absolutely no place for that sort of terminology! There is a multitude of ways you can tell people to "up their game" in a manner which is not gross misconduct!

    Your best bet is to pucker up & be prepared to grovel, but the chances are you're heading for at very best a final written warning, you're bang to rights here.
    Retired member - fed up with the general tone of the place.
  • Honeypie wrote: »
    What was the point in that?


    OP I would advise you to gather as much evidence as you can of others doing the same/similar. Delete the comment, make your social media profiles private or delete them.

    Unfortunately lots of people are sacked for such things - whether they named or identified a person and/or their place of work or not. Once an employer knows it's you and has seen the comment there is little you can do other than fight your case and hope for the best.

    What is the point in deleting a comment that has already been seen?

    There is nothing unfortunate about people being dismissed for being so very offensive. The word used comes from the word retard, which is a derogatory way of describing someone with a learning disability. There is absolutely no excuse for it.

    What other people have done is irrelevant, you lost that defence when you left primary school.
  • ILW
    ILW Posts: 18,333 Forumite
    Sounds like another case of turn Facebook on - turn brain off.
    I truly do not get it.
  • Honeypie
    Honeypie Posts: 122 Forumite
    bluenoseam wrote: »
    Other people are irrelevant in this case, HE was caught using a grossly offensive term and now will carry the can for it - there is absolutely no place for that sort of terminology! There is a multitude of ways you can tell people to "up their game" in a manner which is not gross misconduct!

    Your best bet is to pucker up & be prepared to grovel, but the chances are you're heading for at very best a final written warning, you're bang to rights here.

    I disagree. It will form part of his defence: that this type of thing is done company wide, that the social media policy is not clear enough (despite the fact we all have common sense) and that as he has witnessed (and hopefully can provide evidence of) others doing it and and that it appears it is within the culture of the business to do this kind of thing, without realising, until now, the consequences.

    He should of course still apologise profusely, beg for forgiveness etc. But just because he made this stupid mistake does not mean he should not provide himself with some kind of defence and try to get the best outcome for himself.

    If others are doing it, no matter what term they are using, then they should be treated the same.
  • Acc72
    Acc72 Posts: 1,528 Forumite
    bluenoseam wrote: »
    Other people are irrelevant in this case, HE was caught using a grossly offensive term and now will carry the can for it -

    Your best bet is to pucker up & be prepared to grovel,

    I agree with the above.

    The OP can bring up other examples of similar language, but this should not be the main "defence" (the panel will in all likelyhood say : we are here to talk about you and not other people).

    And before any mentions "at a tribunal" this is also unlikely to be successful and also misses the point - the OP doesn't want to go to a tribunal, he wants to keep his job !

    The best option would be to apologise and grovel and explain how they are a good employee, that this won't happen again and to hope for the best.
  • Honeypie
    Honeypie Posts: 122 Forumite
    Acc72 wrote: »
    I agree with the above.

    The OP can bring up other examples of similar language, but this should not be the main "defence" (the panel will in all likelyhood say : we are here to talk about you and not other people).

    And before any mentions "at a tribunal" this is also unlikely to be successful and also misses the point - the OP doesn't want to go to a tribunal, he wants to keep his job !

    The best option would be to apologise and grovel and explain how they are a good employee, that this won't happen again and to hope for the best.


    I have been in a similar position to the OP. They may well say this is about him and no one else, but if an employer is going to dismiss someone for gross misconduct, and others have done the same and no action was taken against them, then it could be seen as unfair dismissal.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    Honeypie wrote: »
    I have been in a similar position to the OP. They may well say this is about him and no one else, but if an employer is going to dismiss someone for gross misconduct, and others have done the same and no action was taken against them, then it could be seen as unfair dismissal.

    But the OP doesn't say that others have done the same - he says that others have done the same, but aparently using different terms. Unless he can prove that others have used the same phrase and got away with it then he really has no argument for unfair dismissal.
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