Disciplinary hearing

loves2shop

Hi,


My sister works for a well known supermarket and whilst at work in the warehouse was talking to a colleague about someone in charge who she felt was victimising her at work. However another colleague heard and said she does not and that my sister was lying. My sister then very stupidly said I am not lying and that the colleague in question was a **** (a horrible foul word) Not the most sensible or nicest thing to say I know! My sister has never been in trouble before but has a disciplinary for obviously her conduct here.


Will she be dismissed? And is this considered as misconduct or gross misconduct?




Many thanks

tomtontom

It could be gross misconduct. How long has she worked there?

loves2shop

tomtontom wrote: »

It could be gross misconduct. How long has she worked there?

She has worked there for 2 years and a couple of months


Thanks.

spacey2012

And if she totally denies ever speaking with this person ?

tomtontom

loves2shop wrote: »

She has worked there for 2 years and a couple of months


Thanks.

In that case she has *some* protection, but only in so far as they have to follow procedure, which it looks like they are doing. All I can suggest is that she grovels - and if she finds herself in this situation again, she complains about the victimisation via formal channels.

spacey2012 wrote: »

And if she totally denies ever speaking with this person ?

I'm guessing the warehouse will be covered by CCTV, and there are at least two witnesses to the incident.

loves2shop

Yeah she cant deny that she said it as there is two witnesses.

loves2shop

also the colleague that reported the swearing has been caught swearing in front of my sister since this incident and there was a witness who heard this. Should my sister now report this colleague?

tomtontom

loves2shop wrote: »

also the colleague that reported the swearing has been caught swearing in front of my sister since this incident and there was a witness who heard this. Should my sister now report this colleague?

Has she been swearing in general, or calling a colleague a ****? There is a great difference between the two! Whilst I do not agree with swearing, I would not be reporting someone unless they were being offensive about someone.

PHILANTHROPIST

loves2shop wrote: »

also the colleague that reported the swearing has been caught swearing in front of my sister since this incident and there was a witness who heard this. Should my sister now report this colleague?

Loves2shop - Sadly, this matter may well get very complicated and will doubtless prove to be highly stressful for your sister. Has she been suspended on full pay ?

The facts, circumstances and evidence re the accusations and counter accusations as presented are somewhat unclear, but that is the norm in many workplace disputes and/or disciplinary matters. As a minimum there appear to be a raft of overlapping issues and arguably mitigating factors.

Pre-retirement I came across tens, if not hundreds, of similar disturbing scenarios. PM me and I may be able, but cannot promise, to offer more specific guidance on an entirely voluntary basis.

If that may be helpful, you can then report back to open forum re what has happened, or is happening.

If you check out my other posts on this sub-forum you will be able to see that for the main part I have a good understanding of employment law. I must be rather sad as I find it to be an interesting area of law lol

Cheers Phil ....

tomtontom

Phil,

I find your frequent offers to help people privately rather concerning, and have to wonder why you feel it more suitable than doing so on the forum. This case is not in the least bit complicated, nor is it 'disturbing'. I know I am not the only forum member that has raised this issue - perhaps you could share your 'more specific guidance' on the open forum in order to allay our concerns?

PHILANTHROPIST

tomtontom wrote: »

Phil,

I find your frequent offers to help people privately rather concerning, and have to wonder why you feel it more suitable than doing so on the forum. This case is not in the least bit complicated, nor is it 'disturbing'. I know I am not the only forum member that has raised this issue - perhaps you could share your 'more specific guidance' on the open forum in order to allay our concerns?

Tom. Sticks and stones.... again.

You and ur alleged T'ing friends have no need to be concerned.

The choice is the members.