is this gross misconduct

[scottishsodapop]

Hi couple of question

the company i work for was taken over 10 weeks ago we have no new contracts no company policy documents either

last week party was thrown by ex owner payed for by himself nothing as such to do with new owners and none off them there

now my friend who doesnt get on with sales manger was wound up by him all night told him to go away nd leave him alone sales man threatend him so he pushed him no big deal we all left that bar moved to another in hotel

flash foward 5am sales man comes banging at room door totally drunk nd gets chucked out

monday morning claims he was attacked mates suspended on pay told gross misconduct for degrading company name and for hitting him

now ive given statement saying he only threw him out

but surely this cant have anything to do with work they werent there and didnt pay for it been trawling internet but cant see anything that applies

 

hope some can shed light on matter

[SarEl]

Hi couple of question

the company i work for was taken over 10 weeks ago we have no new contracts no company policy documents either

last week party was thrown by ex owner payed for by himself nothing as such to do with new owners and none off them there

now my friend who doesnt get on with sales manger was wound up by him all night told him to go away nd leave him alone sales man threatend him so he pushed him no big deal we all left that bar moved to another in hotel

flash foward 5am sales man comes banging at room door totally drunk nd gets chucked out

monday morning claims he was attacked mates suspended on pay told gross misconduct for degrading company name and for hitting him

now ive given statement saying he only threw him out

but surely this cant have anything to do with work they werent there and didnt pay for it been trawling internet but cant see anything that applies

 

hope some can shed light on matter

 

Yes, it could easily be gross misconduct. Simply because something happens outside work doesn't mean that it has no impact on your job. But in this case the connection is clear - and a superbly timed warning for all the Christmas parties coming up around now. This was an "activity" which directly arose out of your working for the company (just because the previous owner has sold it doesn't mean that it is none of the new owners business) and a number of people got drunk, acted inappropriately towards colleagues, and this resulted in some form of physical confrontation and quite possibly an assault. So yes, that would be gross miscobduct if the employer chooses to think so.

[scottishsodapop]

ok thanx for that sarEl he is suspended on pay after a 5 min conversation and had no contact from company since monday

wot can be expected next is it a meeting and instant dismissal or do you think possibly last warning he has had no warnings in his 20 months there

I think myself they will pay him off as the new owners have slowly dispensed with a few workers already

[SarEl]

To be honest I can't predict this because you know the employers better than I could - but dismissal would certainly be possible. They should give him a disciplinary hearings, with sufficient notice and evidence to mount a defence, the right to be represented etc - have a look at ACAS website and the guidance as to the requirements is all there. BUt I am afraid you are probably guessing correctly - I think this is my 3rd or 4th warning already this year - don't mix work and alcohol even if you are going to a party, even if the employer supplies it, and never with your colleagues from work even outside work. It is a recipe that every Christmas enables Santa to leave a string of dismissals behind him!

[Mash It Up Harry]

Hi couple of question

the company i work for was taken over 10 weeks ago we have no new contracts no company policy documents either

last week party was thrown by ex owner payed for by himself nothing as such to do with new owners and none off them there

now my friend who doesnt get on with sales manger was wound up by him all night told him to go away nd leave him alone sales man threatend him so he pushed him no big deal we all left that bar moved to another in hotel

flash foward 5am sales man comes banging at room door totally drunk nd gets chucked out

monday morning claims he was attacked mates suspended on pay told gross misconduct for degrading company name and for hitting him

now ive given statement saying he only threw him out

but surely this cant have anything to do with work they werent there and didnt pay for it been trawling internet but cant see anything that applies

 

hope some can shed light on matter

 

You posted the below on Money Saving Expert - a slightly different version of events!!

 

 

 

Hi guys quick question office party saturday night everything going well until one person kicks off

guy starts saying im messing about with one off girls from work i ask him to shut up thus ensuse a pushing match

Afterwards i then find out same guy has been accussed of harrassing same girl

anyway fast forward 330am in room with 3 other guys said girl and her friend no hanky panky just a laugh and some drinks

guy from earlier in evening starts ringin her mobile 4 or 5 times another work mate answers phone tells him to leave off a 2 min argument guys says ill be up shortly and sort you both out at this point both girls leave we laugh says he will never come surprise surprise he does i answer door looks like punch i slap him hard and shut door

fast forward monday morning 1pm called to meeting and suspended on full pay for investigation

un beknown to me as well the girl also reports him for harrasment

1 final point this party was payed for by old boss who sold company 10 weeks ago but im suspended for what i did throwing guy out door and shaming new company name

any idea what will happen as my manager reckons they will fire me

 

 

thanx in advance

[honeybee13]

Well spotted, Mash It Up Harry, or should I say Tell It Like it Is Harry, after one of your other recent posts . This could save caggers spending time advising on a scenario that didn't happen.

 

HB

[Mash It Up Harry]

Well spotted, Mash It Up Harry, or should I say Tell It Like it Is Harry, after one of your other recent posts . This could save caggers spending time advising on a scenario that didn't happen.

 

HB

 

LOL! Yeah well I don't beleive in sugaring the pill. I'm amazed that after getting a flaming on MSE he becomes a 'friend' of the person and changes key details. It only serves to waste not only other people's time but the OP's as well as any advice given would be worthless.

[SarEl]

Many thanks. I thought it seemed an odd post but I tend to take people at face value until I findout otherwise. Probably deserves whatever is coming to him.