Is this victimisation or discrimination?

lulu650

I would expect the employer to have read the texts before dismissal, although that doesn't seem to have been discussed

Ja7188

Nothing can be done regarding your old job, by all means contact them and ask if you can have a positive or at least a neutral reference.

OP, contact the HR department and ask what form their references take. If the only details they provide are your start and finish dates, job description and salary then at least you won't have to worry about referencing and can focus on the job search.

theoretica

He complained, they looked at the evidence he provided and decided to act against you. Is it reasonable that his complaint was not automatically considered as incriminating him in the same behaviour? I think it is, or that way lies victim blaming and questioning what the victim did to give rise to harassment. If you want him investigated you will need to put a formal complaint in.

Smodlet

z1a wrote: »

Well, they've already established what you are, just trying to find your price point!

Whilst I appreciate the reference to George Bernard Shaw's supposed conversation with Isadora Duncan were I you, OP, I would report this post.

Ladyluck1982

I guess everyone is entitled to their opinion!

I!!!8217;m out with no opportunity to even appeal my dismissal so I!!!8217;m guessing there!!!8217;s really not much point in putting a formal complaint in.

I had spoken to them all informally (as a group) and I didn!!!8217;t single him out. I didn!!!8217;t think it was fair to embarrass him and it wasn!!!8217;t just his behaviour that was out of like on the occasion I spoke about. I just tried to make it clear that I was all for having a bit of banter but that I didn!!!8217;t appreciate being the topic of it.

I guess in a way, that was my complaint. Turns out it was less than 2 weeks later before he went to HR.

He couldn!!!8217;t possibly have shown any inappropriate messages to HR as there was only a couple from both of us. It seems to me that he!!!8217;s led them to believe that I was sending him innapopriate messages and pictures (I!!!8217;m only guessing?) and that they were unwanted. He said he told me to stop and I kept continuing with it so he had no choice but to go to HR.

Brynsam

jobbingmusician wrote: »

Check whether the employer followed their own disciplinary policy. It does seem strange to me that no investigation was carried out. Was there a disciplinary meeting? Did you get any chance to put your side of the story? (If the answer to both of these is yes, then your chances are weak.) If the answer is no, you may well have a case for breach of contract. Does your contract state that the formal disciplinary procedure does not apply in the first two years of employment?

With less than two years' service, the maximum compensation would be pay in lieu of notice to avoid a wrongful (not an unfair) dismissal case, so this is a red herring.

Fair? Quite possibly not, but it would have been much harder to get rid of someone who was beyond the magic two years of employment mark - and keeping both of you when you'd obviously lost the respect of your colleagues was never going to work.

seashore22

LilElvis wrote: »

I'm actually reminded of a fairly recent thread where the OP was the employer (with an outsourced HR) who also sacked the female employee after the male complained. Wouldn't be the first time a similar scenario has been put forward, but from different perspectives, to guage the differences in replies.

As soon as I started reading this I thought the same op was back. I guess it's hard to disguise a particular writing style and the subject matter doesn't help.

seashore22

sangie595 wrote: »

"She" was also an out and out troll who posted the same scenario on numerous sites, in some cases posting both as the employer and the employee (and this was caught by site admin, hence them identifying the person as trolling).

And the more of this story that unfolds, the more similar it becomes to that one too. Including the jealous partner now. I wonder how many pages this one will run to before people realise.... The story changes depending on what people post to keep it going. Any senior employee who conducts themselves in the way described here would expect to be dismissed - male or female. If they don't been over promoted!

Yes to all of this.

The "male" op who started his thread, of those two mirror ones, also claimed to be the boss. Anyone sounding less like a senior manager would have been hard to find.

Fireflyaway

If you acted inappropriately and I guess the emails highlight this then I can see why they fired you. From What you have said I can't see any harassment or discrimination. The guy might have made out you were harassing him so he could save himself if this got out. What doesn't seem fair is that you were not given the chance to discuss the context, what he did etc.
If I were in your shoes I'd write to hr and explain what happened. However.... Is either of you married? The guy could take it up a notch and make sure people know about this, again to save his own reputation so it may be worth just walking away and learning from it. It definitely seems unfair but dragging it in might bring more hassle you don't need?

Fireflyaway

Sorry I meant to start a new thread! Please disregard!