Re-location after viewing pornography?

cleverusername

Hi all,
One of my colleagues put in a bullying complaint against me.  I was put on disciplinary, got a written warning which I overturned on appeal.  I then made a formal complaint about this colleague and another colleague for bullying, accessing pornography in the workplace and sexual harassment on the basis of me having to see the pornography they were viewing, which was unwanted sexual conduct.  My employer investigated and upheld my claim of viewing pornography in work, but did not uphold my claim of bullying and sexual harassment.  We are a national company and whilst it would be inconvenient for them to relocate this person it is completely do able, they say that relocation is not an option as viewing pornography alone is not serious enough to move someone.  But viewing pornography is specifically listed under gross misconduct and on that basis I am pushing to have my colleagues relocated.   
Your thoughts please?

Comms69

You have zero say in the matter. Sorry

jonnygee2

on that basis I am pushing to have my colleagues relocated.   

Put the axe to bed and learn to work around the colleague, or find a new job. The company has made its decision, if you continue to pursue this personal feud you'll only damage yourself. 

KatrinaWaves

The only complaints upheld were the ones of misuse of company property, nothing personal to yourself. 

Not that it makes any difference overall, you still wouldn’t have any say, but you’d have a much better claim if they had been found guilty of something personal to you. 

Marcon

cleverusername said:

Hi all,
One of my colleagues put in a bullying complaint against me.  I was put on disciplinary, got a written warning which I overturned on appeal.  I then made a formal complaint about this colleague and another colleague for bullying, accessing pornography in the workplace and sexual harassment on the basis of me having to see the pornography they were viewing, which was unwanted sexual conduct.  My employer investigated and upheld my claim of viewing pornography in work, but did not uphold my claim of bullying and sexual harassment.  We are a national company and whilst it would be inconvenient for them to relocate this person it is completely do able, they say that relocation is not an option as viewing pornography alone is not serious enough to move someone.  But viewing pornography is specifically listed under gross misconduct and on that basis I am pushing to have my colleagues relocated.   
Your thoughts please?

Not your decision - that's for the employer to decide.

Grumpy_chap

They must rate your colleague highly.  Most companies where I have worked would have been instant dismissal for viewing pornography on work pc and time.  Does the colleague generate a lot of revenue?

TELLIT01

If you have been with the company more than 2 years, refuse to relocate, and are sacked you MAY have a case for wrongful dismissal.  That case would potentially be particularly strong in a situation where they have ignored their own misconduct rules.

As Grumpy_chap has said, viewing pornography at work is more often than not classed as gross misconduct and would be grounds for instant dismissal.  This person is now likely to view themself as untouchable.

TBagpuss

You can't force them to relocate this person - it is ultimately up to the employer to decide what disciplinary actin to take.
Obviously if you experience any further issues with this individual you can and should report them.
Did this person make you view the pornography or was it a case of them viewing it and you catching a glimpse accidentally? I would think that may make a difference to how the employer viewed in in terms of seriousness and whether it amounted to sexual harassment and would also be relevant to whether there is a risk of further inappropriate behaviour. 

Undervalued

TELLIT01 said:

If you have been with the company more than 2 years, refuse to relocate, and are sacked you MAY have a case for wrongful dismissal.  That case would potentially be particularly strong in a situation where they have ignored their own misconduct rules.

As Grumpy_chap has said, viewing pornography at work is more often than not classed as gross misconduct and would be grounds for instant dismissal.  This person is now likely to view themself as untouchable.

Where does it say that the company are considering relocating the OP?
As everybody has said the OP has no say in how seriously or otherwise the company treats the other employee's misconduct. That is entirely up to them. Even if the behaviour is on the list of conduct the company may treat as gross misconduct, that doesn't mean they have to. 

Plus, given that the OP has had a formal sanction imposed for bullying after a disciplinary hearing the company may well see his complaint as retaliation. Yes, I know the OP says this was overturned on appeal but in the real world it will still be in their minds.

Keep your head down is the best advice I'm afraid.

tealady

Clever user name
Just keep in mind the Chinese proverb
"If you seek revenge, first dig two graves"

Lil306

I'm personally a bit confused about the company. 

If they have blatant proof of viewing pornography that's normally grounds for gross misconduct and can result in instant dismissal. Why is the employer keeping them exactly? Sounds like they're a high performer or have friends higher up

I'd be questioning HR or looking at leaving the job sounds like a right !!!!!! show of a place if they let employees get away with things like that.