Appeal?

[Doorway]

Hi all, I could use some advice about a recent situation at work.

Employed for 4.5 years

A few days ago, I was dismissed for gross misconduct based on WhatsApp messages exchanged privately with a colleague outside of work. The colleague, who was dismissed themselves for harassment-related issues, showed selective screenshots of our chats to HR. The screenshots they shared only show instances where I used language that could be interpreted as defamatory, discriminatory, or with sexual innuendos. However, these were taken out of context, and the colleague’s own words and behavior were left out.

I want to clarify that the messages exchanged with my former colleague were made in an attempt to diffuse what was often an uncomfortable conversation. At times, I felt pressured and intimidated into going along with the narrative they were pushing. My intention was never to offend or engage in inappropriate discussions but rather to manage a difficult dynamic in the least confrontational way possible. I regret that these messages, taken out of context.

To give more context, this colleague had a history of incidents and complaints over the past four years, but they were only recently dismissed. I believe that after their dismissal, they handed over these selective screenshots to HR as an act of retaliation against me. They also had a history of intimidation against other colleagues.

Up until this, I’ve had a good record with my employer, with no complaints or incidents. This entire situation has come as a real shock, and I feel that it’s not a fair representation of me or my behavior at work. I’m considering whether I should appeal the dismissal, given the lack of full context and the colleague's motives for sharing these screenshots.

I feel like they are making a scapegoat in case the colleague fights their dismissal

Does anyone have advice on appealing this, or any experience with similar situations? Any guidance on how best to approach this would be really helpful. Thanks in advance!

[Doorway]

The complaint from the colleague came in their initial disciplinary meeting and then more was shared in their appeal meeting. It has no relevance to their appeal

[ULA]

Couple of questions:

1. Do you deny sending the messages and that as you say the content had "defamatory, discriminatory, or with sexual innuendos."
2. Where these comments about other work colleagues?
3. Do you have the full "chat" rather than the "selective message"?

[Doorway]

I don't deny them, but without full context it only shows me in a bad light

2 of the comments related to defamatory were about another colleague

I have since had a new phone so I don't have the history, but she does but only chose to show selective messages

[ULA]

You can certainly appeal, you have the right to do so. This could be based on:

1. Your 4.5 years of exemplary employment record.
2. The fact you felt "pressured and intimidated into going along with the narrative".
3. Only selective messages have been presented to the company by someone who has been dismissed.
4. It was a private WhatsApp channel with only you and your colleague and the content was not witnesses by any other members of staff including those referenced.
5. You have not been given any context of why the company has these messages and has anyone referenced made a complaint? (add this if the statement if true).

You say you were dismissed for gross misconduct but what were the specific grounds?
What evidence was provided to you in advance of the disciplinary hearing and what were the allegations made in letter inviting you to that meeting?

[atticus]

Why did you think that joining in the conversation rather than calling out the inappropriate behaviour would defuse it?

Could the messages be classed as bullying a colleague, even if that colleague did not know of them?

[Retromau5]

Hello. Unfortunately you've entered into the minefield that is social media in the work place, and as you have very painfully discovered it is not a good place to venture. As you've already accepted that you did engage in the text conversations about other colleagues I feel you may have an uphill struggle.

Your employer has a duty to protect employees from anything that could be seen to be bullying or harassment and that includes anything that could be taken out of context. If you're wanting to appeal then I'd say that Ula's suggestions are your best way of going at it.

The messages are on a private chat, on a device that was not owned or supplied by the employer, and you had no reasonable expectation that you would be identified in them to your employer or the person they were about without consent (that isn't a watertight defence by the way).

And the messages have been manipulated to such an extent, that they no long show a true reflection of their original contents and their context, or your true thoughts and feeling towards the person they referred to.

I wish you all the best with this.