Suspended with Pay for gross misconduct.

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  • HampshireH
    HampshireH Posts: 4,497 Forumite
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    GingerTim said:
    I'd say that's a massively inappropriate thing to say in any workplace, and that there's no real 'context' that makes it remotely acceptable.
    I agree. Brent easing this thread and the noise around whether a drying room is legal or not is irrelevant.

    The comment made to the colleague is wholly in appropriate 
  • oldernonethewiser
    oldernonethewiser Posts: 1,815 Forumite
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    edited 28 April 2023 at 7:56AM
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    If the allegations of bullying and intimidation have gone are you now left with inappropriate sexual language?

    What does your workplace policy say about this?
    Things that are differerent: draw & drawer, brought & bought, loose & lose, dose & does, payed & paid


  • Bobbobbobingalong
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    Whilst context is important, what you cannot control is the effect on the recipient of your comment and you must be able to see that what you said has significant sexual connotations. Inappropriate remarks of a sexual nature can of course be regarded as gross misconduct and your employer obviously thinks so as I am guessing you remain suspended despite the separate allegations of bullying and harassing having fallen away.

    I would expect you will in due course be called to a disciplinary meeting to answer formally to the allegation. My advice would be that you acknowledge your misconduct, ask for the context to be considered alongside your intent (which was not to cause offence) and accept you see how and why ultimately it may have offended. With a sincere apology, you may just escape with a warning but you will need to convince somebody that you will not be repeating such behaviour ever again.
  • Undervalued
    Undervalued Posts: 8,886 Forumite
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    edited 28 April 2023 at 8:53AM
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    If the allegations of bullying and intimidation have gone are you now left with inappropriate sexual language?

    What does your workplace policy say about this?
    It hardly matters. A "workplace policy" doesn't have to spell out every possible thing that could be considered misconduct. If it does list some examples any well written policy would have words to the effect of "including but not limited to....."

    I would strongly suggest that the OP follows the excellent advice in the second paragraph of the post immediately above from Bobbobbobbingalong.
  • oldernonethewiser
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    If the allegations of bullying and intimidation have gone are you now left with inappropriate sexual language?

    What does your workplace policy say about this?
    It hardly matters. A "workplace policy" doesn't have to spell out every possible thing that could be considered misconduct. If it does list some examples any well written policy would have words to the effect of "including but not limited to....."

    I would strongly suggest that the OP follows the excellent advice in the second paragraph of the post immediately above from Bobbobbobbingalong.
    True.  I just wondered if it was specifically mentioned not, as you write, that it needs to be.

    If I was the OP I would be looking to make whatever apology was necessary to keep the job and consider deeply the effects of language and attitude.

    Things that are differerent: draw & drawer, brought & bought, loose & lose, dose & does, payed & paid


  • kingofspades26
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    I'm raised a grievance against the management for not following due and fair processes in regards to all of this.  I've since learnt that the manager chairing the meeting forms a part of my grievance, is this correct? 
  • Bobbobbobingalong
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    Well, you have the right to raise a grievance but what exactly do you think it will achieve? Ask yourself a question, will it alter what you did that sparked off the whole exercise? I suspect you'll agree that it won't, so what precisely do you think you will gain? In answer to your question, there's nothing wrong in that, it isn't ideal but it isn't a fatal flaw in the process. 

    You really ought to have considered at the very least, the timing of your grievance which I am sorry to say, is ill advised.
  • billy2shots
    billy2shots Posts: 1,122 Forumite
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    You raising a grievance now will be the final nail in your coffin.

    You appear to have no self awareness,  making the original comment and now going tit for tat with complaints. 

    I can't see how your employer/bosses will want you to stick around. They will now do their very best to get you out and only the legalities will prevent that. 

    Owning the original  mistake and apologising may have seen them look for ways to keep you. That's been taken off of the table now.  
  • kingofspades26
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    I raised the grievance over a week a go when he handed me the initial letter of suspension, over unfair processes in regards to this. I'm not going back. So its ok not to follow their own processes? This forum is crazy to be fair you're judging me  on matters that none of you know the full extent of, I was treated unfairly after being handed the initial suspension letter, no meeting to say what it was all about what the exact offences were, who was involved, when it happened just suspended. There was no note taker at the investigation meeting, he refused to accept my prepared statement to the allegation at the investigating meeting but read from my prepared statement, there was no evidence of his own notes at all.  Yes I accept that saying bell end was wrong and apologized for that but again this language in my work place is common and have witnessed worse acts of Gross- Miss-conduct, than me in context saying I'll sit on your bell end. This isn't the first time I've raised concerns either.  So get off your high horse, I'm after help if you can't help me then don't answer.
  • Bobbobbobingalong
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    I raised the grievance over a week a go when he handed me the initial letter of suspension, over unfair processes in regards to this. I'm not going back. So its ok not to follow their own processes? This forum is crazy to be fair you're judging me  on matters that none of you know the full extent of, I was treated unfairly after being handed the initial suspension letter, no meeting to say what it was all about what the exact offences were, who was involved, when it happened just suspended. There was no note taker at the investigation meeting, he refused to accept my prepared statement to the allegation at the investigating meeting but read from my prepared statement, there was no evidence of his own notes at all.  Yes I accept that saying bell end was wrong and apologized for that but again this language in my work place is common and have witnessed worse acts of Gross- Miss-conduct, than me in context saying I'll sit on your bell end. This isn't the first time I've raised concerns either.  So get off your high horse, I'm after help if you can't help me then don't answer.
    I wish you well, but I'm out now. Good luck.
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