Disciplinary procedures...Stitch Up!!

otley

I have been accused of swearing to one of my colleagues at work.


I did not of course but allegations with the harassed (who has it in for me) has stated I did swear, also 2 witnesses states I swore at him also.


I was involved in a 3 way discussion and swearing was involved by one of the 3. But now I am up for a disciplinary because the accuser (who has it in for me) and 2 witnesses have come forward stating that I swore in this discussion.


I have had my disciplinary but HR are not satisfied with what I have said (that I did not swear) and HR are going back to the witnesses for more clarification on what happened.


Advise please because I think I am going to get stitched up and sacked


thanks in advance

Marktheshark

Look for another job, problem solved.
Drop the other two right in it when you leave.

otley

we were both accused of swearing at this guy

Southend1

Were the two witnesses who say that you did swear the only witnesses? If not then you could call on others who can corroborate your version of events. If they were the only witnesses then perhaps your best way forward would be to apologise and grovel. Have a chat with your union rep who may have other suggestions or be aware of similar cases and their outcomes. Whatever you do, remain calm and polite at all times when dealing with management, HR, colleagues as they will be looking for any sign that backs up their perception of you. If you are finding it hard to keep your cool it might be better to ask your union rep to present your case in appeal.

otley

unfortunately these were the only witnesses around at the time. The only person who can confirm I did not swear is the guy that actually swore but I am not sure he would vouch for me cause he will probably be trying to save his own back.


I am already looking for other jobs now cause I think the writing is on the wall...gutted!!!

Southend1

If there was someone else there who may vouch for the fact that you didn't swear it would be worth using him as a witness. If he backs up the other two then you haven't put yourself in a worse position by trying.

To be honest though people swear at each other all the time and don't get called to a formal disciplinary so either the employer wants rid of you anyway and this is a good excuse or there is more to the story than that you just swore at someone in a conversation.

Either way looking for other jobs is probably a good plan in case you are dismissed.

I would sum up my advice as follows....

Plan A - find a witness to back you up
Plan B - apologise, grovel, beg and try to negotiate a warning - emphasise previous good conduct, performance, and any mitigating circumstances
Plan C - get another job - though think about how you may overcome issues with references if you resign while under investigation or are dismissed

DaveTheMus

What's wrong with 3 adults swearing?

Southend1

DaveTheMus wrote: »

What's wrong with 3 adults swearing?

Depends on point of view but employer may see it as bringing them into disrepute, harassing another employee etc. or it could be dressed up as something like that to provide a reason to get shot of OP for another reason entirely.

otley

one person swore and one didn't.....that is the difference

DaveTheMus

Southend1 wrote: »

Depends on point of view but employer may see it as bringing them into disrepute, harassing another employee etc. or it could be dressed up as something like that to provide a reason to get shot of OP for another reason entirely.

I get that if it's a customer facing role, then IMO it's a sackable offence.

we need some context OP

otley

so I am pinning all my hopes on the guy who did swear to confess....highly unlikely but who knows