Complaint by 3rd party at work

[jimbo999]

Hi,
A colleague of mine has been asked by our company to attend a disciplinary hearing for gross misconduct due to a comment they made to another colleague in jest. Although it was a comment that would be deemed unsuitable in the workplace it would be the sort of thing you would hear 'down the pub' on regular occasion and is the usual way both this employee and the other employee would talk to each other. The complaint was not raised by the employee he was speaking to, but by a contractor working on the site who overheard the conversation.
He is aware this kind of behaviour is unacceptable and admitted so in the investigation meeting and assumed that he would receive a 'slapped wrist' for saying what he said. But this week the letter landed on his door saying he has disciplinary hearing for gross misconduct, he is really worried now about his job.
What is his best option for getting past this? Due to it only being 1 comment I have tried to reassure him that the company would be hard pushed to dismiss for just that but he is unsure.
The contractor also complained about another member of staff who made countless unsavoury comments over several months and is up on the same charge.
Any help would be appreciated,
Thanks guys.

[Eloise01]

Re: Complaint by 3rd party at work

I am afraid that your colleague is correct - depending on the nature of the comment, the employer may not be hard pushed to dismiss at all. The only "private conversation" is one between two people and within four walls with the door closed. And even then, "banter" can the most unwise. Just because people have had a history of talking to each other in an inappropriate fashion does not mean that offense may not be suddenly taken. But if such conversations are heard by a third party, whoever they are, those conversations are subject to they same level of scrutiny as if made directly.

For example, two people who regularly "banter" in a racist fashion may think that the conversation is private and affects nobody else. But overheard, comments may be very hurtful and offensive, set a "tone" in the workplace that is exclusive or intimidating, and can even impact on the employers reputation.

Hindsight is a wonderful thing, but the best support colleagues can ever give to people who engage in these sorts of conversations is to tell them to pack it in before someone does report them.

I would suggest that the answer to what is his best option may be begging. Seriously. The employer clearly has a problem in the workplace. Regardless of circumstances and mitigations, some minority have adopted behaviours which are inappropriate. The fastest way to "fix" that problem for the employer is to dismiss a few people. Nothing says "don't behave like this" quite so effectively. I am quite sure that the employer will be thinking along those lines too. In such circumstances, begging and pleading is a legitimate mitigation - if it works then you've saved your job, and that is what matters. If workmates, or even better, managers are willing to add their voice to that and ask for leniency and provide character statements, then so much the better.


And you obviously frequent different pubs than I do. If he was saying what I suspect he was, my local would have thrown him out!

[jimbo999]

Re: Complaint by 3rd party at work

Thanks or the response. Just to confirm, the comment was not rascist in nature, was more of a joke between two lads, the 3rd party, another 'lad' already had a complaint against the company and it is thought he is just making waves. But as the hearing is being held by someone senior from another location as an independant person shows that the company is taking very seriously.
I'm sure the colleague will be on his knees and has a good history with the company, he knows the complaint about the other member of staff may go further he is just disappointed that this is being taken this far with him personally.

[Eloise01]

Re: Complaint by 3rd party at work

It doesn't matter what the comment was. If inappropriate, then it's inappropriate. Grown ups are expected to know the difference! You clearly do. There are things you don't say or do in work that you may be able to get away with elsewhere, whether or not you ought to be saying or doing them anywhere!

The complainant has a right to complain. This is not making waves. The best way to not be subject to complaint is to not have done something that can be complained about! It's a tough way to learn the lesson, so I hope they are lenient. But they are obviously very concerned about what is going on here. Many employers do little about genuinely serious complaints of misconduct, so the fact they are motivated to be so geared up here suggests that they have deeper concerns than a bit of horseplay, no matter how silly it was.

[jimbo999]

Re: Complaint by 3rd party at work

Ok, thanks.
Only other query is that he was sent the documents in the post but the statements are only excerpts, not full statements and none of them are signed, although he admitted in the investigation what happened so moot point really, but none of the people involved in the investigation signed any statements? Odd?

[Eloise01]

Re: Complaint by 3rd party at work

No, not really. The employer only has to produce the evidence that they intend to rely on - often this isn't statements but some sort of report prepared by the investigating officer. The witnesses may not even be called (by the employer) unless they feel they need them. But as you say, since he has admitted the comments, it's not really an issue of evidence anymore - it is a matter of mitigation and any reasons he can come up with for them to show leniency.

[jimbo999]

Re: Complaint by 3rd party at work

Ok, thanks very much for your answers.

[Eloise01]

Re: Complaint by 3rd party at work

You are welcome. Hope it turns out OK for him.