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At the end of the day I will apologise like I have done already until I'm blue in the face, I did not start the argument, I attempted to follow the correct procedure and reporting the assault - but you haven't reported it to the police? , The fact I said to my manager "this is bull***", does not account to gross misconduct. yes it does The fact I was shouting and crying does not account to gross misconduct yes it does , I fail to see how any of my actions account to gross misconduct.
Nonetheless it does0 -
Ok let me go into more detail. Me and the colleague in question had a one night stand in November. - So? From then until now I have received constant abuse from her other half - reported to police? , she has threatened me with violence on more than one occasion reported to police?, I have spoken to management regarding this and in my company, they move you to another boat, I have acted professionally for 5 months, everyday being called a rapist by her and her other half reported to police?, she fell pregnant - fell? That snot how it works and shes been spreading malicious rumors that its mine when its biologically impossible to be mine due to the dates not matching.- uhm, its not that simple. I mean if it's months out, sure, but if it's days or weeks. Ye it could be yours One minute its mine and the next its not etc, put yourself in my shoes and tell me how you would cope with that going on day after day - by reporting to the police and managers not doing anything. Friday was the final straw for me and I got angry!! not an unreasonable reaction to again what I would call crap management. I DID NOT start the argument on the day in question, I was upset and angry at how I was being spoken to by someone on a power high. - So make an official grievance
It was explained to me that they are investigating my conduct, which was me saying bull*** and shouting, which yes is misconduct but not gross misconduct. I am happy to admit I acted unprofessionally and is the first time in 9 years of constant employment this has ever happened. The manager in question has accepted my apology.0 -
marliepanda wrote: »Well I'm confused because 1hr ago you said you hadn't reported it the police
Getting your story straight is the first step to winning in disciplinary. Pro tip.
"Getting in a heated argument" with a colleague is gross misconduct.
"Shouting and swearing" at colleagues and managers is gross misconduct.
You didn't just 'swear once'
Like I said, I DID NOT swear at any of my colleagues and what planet are you living on if you think having an argument is gross misconduct?0 -
I am sorry but I fail to see how I have been unprofessional on numerous occasions, I have already apologized to the manager in question for my behavior and how I reacted , I did not verbally assault my college, she instigated the argument and I stuck up for myself and when she didn't like my responses, she threw a medium sized reading book at me.
This is what my company classes as gross misconduct.
Willful damage, theft or dishonesty in handling or using property belonging to the
Company, our employees or customers, or property in our custody.
• Physical assault on a customer or another member of staff whilst on duty or
when arriving/leaving employment or at an event which is considered an
extension of the workplace.
• Conduct, resulting from the influence of illegal drugs or alcohol, which is likely to
endanger other personnel or cause damage to equipment.
• Being found to be under the influence of illegal drugs or alcohol whilst at work in
contravention of the Company’s Substance Misuse Policy.
• Refusal or failure to follow safety rules.
• Altering, defacing, endorsing or authorizing false entries on a clock card or
time sheet or other document(s), with intent to defraud.
• Persistent disobedience of reasonable instructions.
• Knowingly making false statements during investigations of breaches of
discipline or accidents.
• Willful disclosure of information detrimental to the Company’s commercial
interests, subject to the Public Interest (Disclosure) Act 1998.
• Serious bullying or harassment.
• Bringing the Company into serious disrepute.
• Continued unauthorized absence.
• Serious infringement in the use of Company computer systems e.g.: internet,
and e-mail
None of which happened on the days in question.
I have not reported the assault to the police as I think the police have bigger fish to fry.
I haven't seen an employer yet that lists all versions of what is considered gross misconduct explicitly.
It doesn't say rolling round naked in strawberry swiss rolls in the passenger area is GM.
Do you think its fine then?0 -
Like I said, I DID NOT swear at any of my colleagues and what planet are you living on if you think having an argument is gross misconduct?
You swore in the presence of your colleagues.
Having a debate, disagreement or discussion is fine.
a heated argument, with raised voices? - no.0 -
I haven't seen an employer yet that lists all versions of what is considered gross misconduct explicitly.
It doesn't say rolling round naked in strawberry swiss rolls in the passenger area is GM.
Do you think its fine then?
Well I can certainly recommend it to HR to add it to our handbookThank you for the suggestion. I'll try that once this suspension is over
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And senior management were well aware of the issues between me and my colleague, however they did nothing to separate us.
Why should they? They are quite entitled to expect you both to behave professionally at work. You didn't!
The fact that she also didn't (in your opinion) does not excuse your behaviour. What action (if any) they take against her is up to them and does not affect any action they may take against you.0 -
You swore in the presence of your colleagues.
Having a debate, disagreement or discussion is fine.
a heated argument, with raised voices? - no.
Well in this situation as you've kindly explained to me the difference, it was a disagreement...which resulted in me shouting at her after she assaulted me, anyone here who thinks I should report that as assault to the police needs their lives evaluated.
I contacted the police last night as I am now being accused of rape which in my eyes is a serious offence and a serious accusation, one which i am not taking lightly.0 -
Well in this situation as you've kindly explained to me the difference, it was a disagreement...which resulted in me shouting at her after she assaulted me, anyone here who thinks I should report that as assault to the police needs their lives evaluated. - That is what assault is, unless you were bleeding, in which case I believe the charge could be ABH. Did in not cross your mind that your employer would expect any reasonable person to have reported it, and that you haven't, may suggest you were lying about the assault?
I contacted the police last night as I am now being accused of rape which in my eyes is a serious offence and a serious accusation - not if its made directly to you. It's much less serious than an assault. , one which i am not taking lightly.
I doubt you've spoken to them to be honest, as earlier you said you hadnt0 -
I doubt you've spoken to them to be honest, as earlier you said you hadnt
The good thing about this is, I do not need you to believe me whether I have been to the police or not, I am telling you I have made a report for harassment and NOT assault, the manager son the day said to me that the whole situation was petty and did not need to go any further.
and for the millionth time, I did not go to the police about the assault!0
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