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On fri my partner was called in office by boss they had a bit of heated argument both swore at each other, today he goes in to work and is handed a letter stating that you have been suspended on contractual pay to allow investigation to take place following the allegations of gross misconduct.

Does swearing and shouting warrant gross misconduct? Any advice or help would be great Many thanks

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that is why whenever we are called in the office we always take a third party . because when it comes down to it it will be one persons word against another . however who suspended your partner was it a higher up line manager or the manager he had the disagreement with , also is he a member of a union who he could give acall for advice etc . also did they state what the gross misconduct was ie assault theft etc .

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Yes!!!

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Hi thanks for replying , He was called in the office by the director and there was another manager present, also he was with another worker, so 4 in total. They have not stated what the gross misconduct is yet, but can only be to do with the argument. he isnt a member of a union.

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The swearing and aggresive approach by employee and management

does I guess make the continued employment to say the least ''difficult''.

There is now an atmosphere of distrust between the parties.

I would think this will go to a tribunal for decision.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Have to agree. Swearing at a colleague or Manager, depending on the context and reaction by the other party is certainly an act of Gross Misconduct, most likely an act of insubordination or abuse, but equally an act which undermines the mutual trust between employer and employee.

 

The fact that the swearing was a two way thing, whilst it may go some way to mitigation, is unlikely to impress the employer - although hindsight works wonders, it would have been better to calmly ask not to be sworn at and for this to be taken note of by the witnesses present. You can guarantee that any swearing on the part of the management will be conveniently forgotten when it comes to a disciplinary hearing!

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My partner was called in for his investigation meeting to day, do you think it was right that also present in the meeting was one of the witnesses for them that had wrote a statement?

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depends, what was the witness's role in the meeting?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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He was just sitting there not saying anything, but in his suspended letter it states that you are instructed not to contact or to attempt to contact or influence anyone connected with the investigation in any way.

Yet this member of staff was allowed to sit in on the meeting, dont seem right to me?

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It seems odd to me and if I were your partner I would have asked why they were there. It's a bit diffcult to fix it after the event.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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