Gross misconduct

[bertie30]

Some months ago I attended a leaving party for a mate from work. After that, we went on elsewhere and unbeknown to me, another colleague (who had apparently been at the first do although I don't recall him) came with us. I don't like him and would never have gone if I'd known he was going. The venue we went to is a place where a select few people who know each other personally sometimes go and the other colleague has never been there before, to my knowledge. Also, nobody specifically invited him, he just followed. This ended up with verbals between us, with me asking him what he was doing there, him telling me to eff off and it descending from there. He then went back to the office and made a formal complaint about me, which has concluded that I harassed him. They are treating this as gross misconduct and are moving to dismiss me. The formal investigation is, I believe, flawed in a number of respects. For example, a number of conclusions it has reached are leaps of imagination rather than evidence-based. I can give more detail if necessary. I have worked for this employer for 4 years. I am in a union and they are surprised this is being treated as gross misconduct, their diagnosis is that it should be 'minor' or 'serious' at worst. The employer is following all the necessary steps to ensure fair dismissal, however, what was a row in the pub with him telling me to eff off and me admittedly being set off by that due to booze and calling him a d*ckhead and telling him to get out. Is that really gross misconduct?

[bertie30]

Re: Gross misconduct

Some other information that may be relevant. This man also accused me of saying some stuff to him that is let's just say, illegal, which has been categorically disproved by the investigation. He should face some sort of disciplinary for doing that? Also, at no point have I been suspended. Finally, I have a recognised (under the EA) mental illness that the employer is aware of and in fact, I suffered a 6 week absence last year due to it. My GP recommended reasonable adjustments which my employer was big enough and flexible enough to accommodate but did not. Instead they put me on notice of dismissal then, too, for medical incapacity reasons.

[wales01man]

Re: Gross misconduct

Was this Venue a place open to the public or an exclusive members only club if it, was strange that if it was a public place that admits the public seeminly allows you to dictate who can enter?

[bertie30]

Re: Gross misconduct

No trolls please. Just sensible, practical advice. Ta. I noticed you trying to troll a thread about a bus driver who'd handled his mobile phone. Seriously, haven't you got anything better to do? Now, no more feeding you!

[wales01man]

Re: Gross misconduct

Im not a troll im asking you a serious question as for the bus driver if he was using the phone while driving the bus that's illegal I was wondering why you were saying this person was not allowed in a place wgere you went,you also say you may have said something that was illegal care to expand on that,as for trolling I have received good advice on here and have offered words of support to some who face difficulties in their life,To get the help from others on LB who can help you need to be straight and not leave cryptic clues

[bertie30]

Re: Gross misconduct

It was a public place, yes, but there are certain protocols about inviting yourself along to established crowds and the reaction you might get if you do. But tbf, bogging the issue down with that is not the main issue. Maybe you need to look at your choice of language if you don't want to be thought a troll. For example, I don't feel I have the 'right to dictate' who goes where, I was merely painting the picture that the latter venue is a venue popular with a certain crowd, of which he is not part. Yet you chose to rather confrontationally paint it as my dictating who went where. Not helpful. I also said that I DID NOT say anything illegal, but that he brought it into the allegation against me, maliciously, given it wasn't true. It has been CATEGORICALLY DISPROVED by the investigation. Go back and read it all again if you want to pass an opinion but do not put words in my mouth.

[Inca]

Re: Gross misconduct

Excuse me bertie30,did you leave your manners at the door when you came in?
Wales01 happens to be a respected member of LB and you do not have the right to speak to him like that nor accuse him of being a troll!! I think an apology is in order !

And as for your request for help......Could you put the incidents in chronological order please.
I note you are in a Union and have 4 years service....those are salient points for anyone else who might come along to help you .

[wales01man]

Re: Gross misconduct

I guess I would not be part of a Certain Crowd have to wonder who you think you are I know who I am maybe your choice of words needs looking at? I don't think I can put words into your mouth if you take the attitude that someone who is not of a certain crowd is excluded from where you go I would feel that you are above us all,as for me being a troll im of an age where a troll was a doll figure with long hair im balding aged and not much hair

[wales01man]

Re: Gross misconduct

thanks INCA ive been called lots of names but a long haired doll is not one

[bertie30]

Re: Gross misconduct

I put all the salient points I think are necessary for now. And if someone takes my first post and twists it to 'what gives you the right to dictate..' etc then I don't think it's my manners that need addressing. Anyway...I can probably get the answers I need from the union and/or proper lawyers and I can't be bothered to wade through other peoples' need to scold and play the moral high ground game just right now. It's irritating. So I think that's all from me.

[Inca]

Re: Gross misconduct

Goodbye and Thanks for dropping by ...........:grin:

[ahflibra]

Re: Gross misconduct

Hi bertie30

please stick around someone will come along soon and give you the advice and support your looking for , don't get the wrong impresssion of this site there are plenty of good knowledgable people here covering a wide rande of topics

[ahflibra]

Re: Gross misconduct

Inca

how bad mannered and rude of you , as usual jumping on the band wagon acting like a school kid with a gang mentality on bullying a person

[wales01man]

Re: Gross misconduct

Have to get the union to fight it ,hope they are certain people if not he wont go in the same place with them.Ijust got peeved with remarks about certain people Inca you and me aint invited I guess

[Inca]

Re: Gross misconduct

Inca

how bad mannered and rude of you , as usual jumping on the band wagon acting like a school kid with a gang mentality on bullying a person

I know,,I'm shocking aren't I? If I were you I'd block me then you won't have to read what I say :grin: