Suspended for gross misconduct, please help

[westham1]

Hi guys can I ask a question.

 

I attended work Sunday morning at my depot but did not start my shift for another 30 mins. Within this time I had what seemed a normal conversation with a colleague regards the fact she was wearing pjs to work !. I was in no way aggressive, abusive nor did I swear.

 

I have now been suspended on full pay on a gross misconduct charge !.

 

I had a great relationship with this person before but for some reason she has turned rather nasty. The unfortunate point is that in the next room was another colleague that I didnt get on with and he has clearly got together with this female and concocted a huge story that i was abusive and aggressive towards her.

 

I have been with the company for nearly 6 months and im 2 weeks away from the end of my probation. Unfortunately they have tried to get me the sack before and it failed. I, very professional at work and have also a great name within the industry I work in.

 

My question is if I wasnt clocked in at work as my shift hadnt started yet can I still be fired for GM ?.

 

Also if they have concocted a story together thus a witness statement concuring the allegation, do I stand much of a chance of not being fired.

 

Thanks

Edited November 5, 2014 by honeybee13
Paras.

[honeybee13]

Hello there.

 

I've started a new thread for you because the one you posted on was 5 years old. I expect the forum guys will be along later, please continue to post here with your questions.

 

HB

[Emmzzi]

what exactly did you say about the pyjamas? please, lord, nothing about being in bed..please....

[Sidewinder]

My question is if I wasnt clocked in at work as my shift hadnt started yet can I still be fired for GM ?.

[/Quote]

 

Yes - you can be dismissed for Gross misconduct even for an act which takes place off the premises if it were to fall with a range of reasonable responses. Taking things to an extreme, were you to have assaulted a colleague off the premises then you could absolutely still be dismissed.

 

It would be a purely academic question anyway, as without the required two years length of service the employer can dismiss you for any reason they see fit providing that it doesn't relate to sex, race, religion, disability etc.

 

Anyway - hopefully that will be premature. What exactly are you supposed to have done? Talking about wearing PJ's to work doesn't exactly sound sinister, or are you alleged to have peppered the conversation with sexual innuendo or foul and abusive language?

 

The answer to the above will likely give some hint as to your chances. If the context is one of harassment, or if it is alleged that your behaviour or language made the girl uncomfortable, then with a supportive witness statement you are on shaky ground. You say that this is a matter of personalities and that the 'victim' was put up to complaining by the witness. Why would she agree to do that if the conversation was innocent and she gets on OK with you? Are you sure that you didn't say anything untoward even in jest? Harassment cases are often described as resulting from an apparently innocent action or a comment made lightheartedly, and perpetrators rarely admit that there was any harassment intended.

 

I am not saying that you intended to cause distress intentionally, but it does seem strange that somebody would lodge a complaint against a colleague that they like, after an innocent conversation, and knowing full well that that person would get into a good deal of trouble purely at the suggestion of somebody overhearing the conversation.

 

You say 'they' have tried to get you sacked before? Why would that be? What happened on that occasion?

 

If the statements appear genuine, and corroborate each other then you may find it difficult to avoid dismissal. It just looks 'wrong' and the employer could well say that after the previous allegation there is no smoke without fire.

 

Hopefully you will appreciate that I am just saying as I see it - which is what any impartial investigator would do. Unfortunately you will not get to cross examine the witness or the alleged victim, so will have to rely on apparent holes in any testimony. Simply saying that 'they are out to get you' is unlikely to work.

[Sidewinder]

what exactly did you say about the pyjamas? please, lord, nothing about being in bed..please....

 

Must admit that was my initial thought!

[westham1]

Thank you for making my own link .

[westham1]

My words were "why are u wearing pjs" her response was "im Ill" I said " well thats great you get to wear pjs all night in the warm and watch DVD's all night".

 

That was the full extent of the conversation. Unfortunately thats not whats in her statement and the so called witness that doesn't like me concures !!!

 

I DID NOT sexually abuse her verbally nor did i come across in a aggressive manner !!

 

Due to the fact I like my job and dont hate it like the rest of them, I dont fit in there social circle (which they dont like). Im happy all the time and yes im very bubbly and im sure that winds them up to. So a few months ago they made a rift between me and my crew mate which created murders but was snuffed out as quickly as it was made. Thus the management no how nasty these people can be.