Gross misconduct? Being dismissed? HELP!

Chantelle_91 · 11 February 2013 at 8:45PM

I really need some advice and quick....I am a teaching assistant at a secondary school and have recently been suspended pending a disciplinary hearing. According to my headmistress I am guilty of gross misconduct and bringing the school into disrepute..... I was down the pub with a few work colleagues and got into a conversation with employees of another school (the content of this conversation is being questioned) also on the night I threw a drink over one of the other party. The issue I have is that a number of employees from the other school have wrote statements and although they all say I said a few things which I shouldn't have A. they are lying and B. their statements are all contradicting...... My union rep has told me to resign however as most of what they are saying cannot be proved and some of what they are saying is lies I don't know where I stand. I have never been in trouble before at school, at work or with the police....and ideas??

DUTR · 11 February 2013 at 9:04PM

Puoring a drink over someone is common assult.
Put it down to experience, how you behave outside working hours can have a detriment opon your employment, I'm semi certain that is in your contract.

cockaleekee · 11 February 2013 at 9:04PM

Irrespective of what you did or did not say, you threw a drink over a fellow LA employee. That in itself is sufficient for gross misconduct - you have brought the school into disrepute.

Do you have anyone willing to support your version of events?

mikefoster · 11 February 2013 at 9:25PM

As part of any teaching/school work post, you are expected to uphold your responsibility in and out of school. Regardless of whether they are telling the truth or telling lies, you threw a drink over someone who works in the same LA, which does bring your school into disrepute.

Act on the advice of your union.

Takeaway_Addict · 11 February 2013 at 9:34PM

When did you start employment there?

pleasedelete · 11 February 2013 at 9:38PM

To throw a drink you must have been under the influence of alcohol. Are you certain that what they are saying is untrue?

Chantelle_91 · 11 February 2013 at 10:06PM

Thanks for all of your replies. As far as I'm aware my headmistress doesn't seem to think that the throwing of the drink was the issue, her main concern was the content of conversation.
-There is no-one to back up my version of events.
-I've been an employee there for just over a year.
-And yes I had had a drink but there was a series of events that led up to me throwing a drink it wasn't because I was under the influence and I'm 100% sure of what everyone said that night.

cockaleekee · 11 February 2013 at 10:19PM

Chantelle_91 wrote: »

Thanks for all of your replies. As far as I'm aware my headmistress doesn't seem to think that the throwing of the drink was the issue, her main concern was the content of conversation.
-There is no-one to back up my version of events.
-I've been an employee there for just over a year.
-And yes I had had a drink but there was a series of events that led up to me throwing a drink it wasn't because I was under the influence and I'm 100% sure of what everyone said that night.

It doesn't matter why you threw the drink, it is completely out of line in any context.

Where were your friends whilst this happened?

WestonDave · 11 February 2013 at 10:28PM

Throwing a drink when you were associatable with your school would in itself be seen as boorish yob like behaviour if it made the press and would certainly bring the school into disrepute.

That they have decided to pick this up and turn it into something else is out of your control and as you appear to have decided to be "one of the lads" and stay out after your colleagues had the sense to call it a day, you've left yourself open to a number of them versus one of you when it comes to witness statements.

If you choose not to take your Unions advice, then you might just gain some credibility in going to the hearing, restricting your protestations of innocence to a statement like "I dispute their version of events" before spending the rest of the time making it clear that you understand how serious this sort of behaviour in public is, how you were naive to get into a situation where allegations of that nature could be thrown at you with no real means of contesting them, and that you have learned your lesson big time. They will probably still fire you but if your general work has been good, and you generally come across as someone that might grow up into a decent employee you might just get away with a final written warning.

Chantelle_91 · 11 February 2013 at 10:43PM

1. My colleagues had not had the "sense to call it a day" they had in fact been told to leave the pub.
2. I did not decide to be "one of the lads" I in fact was sticking up for myself as I had been bullied all night by a large group of women who were clearly out to make trouble (of course it was not the best way to go about it but there you are).
3. And it is not a case of "growing up into a decent employee" as I have already been told that I am a model employee and my work has never been faulted.

My employer has already stated that what I get up to in my own time is my own business and as I have already previously stated she is more concerned with the nature of the conversation NOT the drink throwing. I need to know where I stand with regards to that.

cockaleekee · 11 February 2013 at 10:46PM

Chantelle_91 wrote: »

1. My colleagues had not had the "sense to call it a day" they had in fact been told to leave the pub.
2. I did not decide to be "one of the lads" I in fact was sticking up for myself as I had been bullied all night by a large group of women who were clearly out to make trouble (of course it was not the best way to go about it but there you are).
3. And it is not a case of "growing up into a decent employee" as I have already been told that I am a model employee and my work has never been faulted.

My employer has already stated that what I get up to in my own time is my own business and as I have already previously stated she is more concerned with the nature of the conversation NOT the drink throwing. I need to know where I stand with regards to that.

To put it bluntly, you're screwed. What you get up to in your own time is their business when you make them look bad. You simply do not act like that - if someone is winding you up, that is the time you walk away.

Gross misconduct? Being dismissed? HELP!

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