Appeal?

loopyloo1122

Hi all, I could use some advice about a recent situation at work.

Employed for 4.5 years

A few days ago, I was dismissed for gross misconduct based on WhatsApp messages exchanged privately with a colleague outside of work. The colleague, who was dismissed themselves for harassment-related issues, showed selective screenshots of our chats to HR. The screenshots they shared only show instances where I used language that could be interpreted as defamatory, discriminatory, or with sexual innuendos. However, these were taken out of context, and the colleague’s own words and behavior were left out.

I want to clarify that the messages exchanged with my former colleague were made in an attempt to diffuse what was often an uncomfortable conversation. At times, I felt pressured and intimidated into going along with the narrative they were pushing. My intention was never to offend or engage in inappropriate discussions but rather to manage a difficult dynamic in the least confrontational way possible. I regret that these messages, taken out of context.

To give more context, this colleague had a history of incidents and complaints over the past four years, but they were only recently dismissed. I believe that after their dismissal, they handed over these selective screenshots to HR as an act of retaliation against me. They also had a history of intimidation against other colleagues.

Up until this, I’ve had a good record with my employer, with no complaints or incidents. This entire situation has come as a real shock, and I feel that it’s not a fair representation of me or my behavior at work. I’m considering whether I should appeal the dismissal, given the lack of full context and the colleague's motives for sharing these screenshots.

I feel like they are making a scapegoat in case the colleague fights their dismissal 

Does anyone have advice on appealing this, or any experience with similar situations? Any guidance on how best to approach this would be really helpful. Thanks in advance!

loopyloo1122

The complaint from the colleague came in their initial disciplinary meeting and then more was shared in their appeal meeting. It has no relevance to their appeal

Undervalued

loopyloo1122 said:

Hi all, I could use some advice about a recent situation at work.

Employed for 4.5 years

A few days ago, I was dismissed for gross misconduct based on WhatsApp messages exchanged privately with a colleague outside of work. The colleague, who was dismissed themselves for harassment-related issues, showed selective screenshots of our chats to HR. The screenshots they shared only show instances where I used language that could be interpreted as defamatory, discriminatory, or with sexual innuendos. However, these were taken out of context, and the colleague’s own words and behavior were left out.

I want to clarify that the messages exchanged with my former colleague were made in an attempt to diffuse what was often an uncomfortable conversation. At times, I felt pressured and intimidated into going along with the narrative they were pushing. My intention was never to offend or engage in inappropriate discussions but rather to manage a difficult dynamic in the least confrontational way possible. I regret that these messages, taken out of context.

To give more context, this colleague had a history of incidents and complaints over the past four years, but they were only recently dismissed. I believe that after their dismissal, they handed over these selective screenshots to HR as an act of retaliation against me. They also had a history of intimidation against other colleagues.

Up until this, I’ve had a good record with my employer, with no complaints or incidents. This entire situation has come as a real shock, and I feel that it’s not a fair representation of me or my behavior at work. I’m considering whether I should appeal the dismissal, given the lack of full context and the colleague's motives for sharing these screenshots.

I feel like they are making a scapegoat in case the colleague fights their dismissal 

Does anyone have advice on appealing this, or any experience with similar situations? Any guidance on how best to approach this would be really helpful. Thanks in advance!

The former colleague's motivation has little if any relevance. If your messages to a work colleague "could be interpreted" (for which I read "were") defamatory, discriminatory and contained sexual innuendos then that is behaviour which a reasonable employer may view as gross misconduct. Ultimately, had you not written them he would have nothing to disclose!

The fact that you claim your intentions were good and that you have a "good record" are, if true, points of mitigation but ultimately they don't excuse the behaviour.

Very few internal appeals are upheld but it is a step you need to go through if you have any thoughts about taking this further.

You need to get some proper legal advice if you are going down that route. 

Savvy_Sue

If you're in a union, talk to them. 

Marcon

loopyloo1122 said:

The screenshots they shared only show instances where I used language that could be interpreted as defamatory, discriminatory, or with sexual innuendos. However, these were taken out of context, and the colleague’s own words and behavior were left out.

I want to clarify that the messages exchanged with my former colleague were made in an attempt to diffuse what was often an uncomfortable conversation. At times, I felt pressured and intimidated into going along with the narrative they were pushing. 

'Could be interpreted' generally equals 'were'. Leaving out your colleague's words is neither here nor there; you chose to use such language.

Ending the conversation and blocking them would have been more effective.

You've got nothing to lose by appealing, so do so.

robatwork

As part of your appeal, are you prepared to give them the full, unredacted whatsapp conversation(s)?

That way, all the context is there without your, or the colleague's, interpretation.

Marcon

robatwork said:

As part of your appeal, are you prepared to give them the full, unredacted whatsapp conversation(s)?

That way, all the context is there without your, or the colleague's, interpretation.

Just beware digging an even deeper hole if you do...

robatwork

Marcon said:

robatwork said:

As part of your appeal, are you prepared to give them the full, unredacted whatsapp conversation(s)?

That way, all the context is there without your, or the colleague's, interpretation.

Just beware digging an even deeper hole if you do...

Exactly my point. As the OP is arguing context is missing, he needs to give it at appeal.

Nothanks

Nothing to lose by appealing, and if you had it in your head to go to ET then an appeal would be essential first. 

To be brutal, I don’t see much chance of appeal or ET, unless the context you’re describing is him saying “Can you list things I said last week that were offensive so I know never to say them again?”