Disciplinary hearing for gross misconduct

[well68]

I really need some advice. I have been employed for 6 months and after 5 months all staff were advised of being placed on redundancy notice. Most people had given up like myself long standing jobs to join this company. Anyway, those I trained with have a closed Facebook group and we ranted on this group page which was only open to the 10 people in the group. One of these has taken it upon themselves to report myself and another staff member but not before deleting all their own comments. In the rant we said we were going to not work at full capacity as we felt the company had betrayed us. We did not carry out any of the actions and 2 of us have attended initial investigatory hearings to tell our employers it was merely a rant in what we thought was a closed group. Our employers have been told that the conversation they were handed is an edited version and they have not seen the other persons comments which goaded us onto saying what we did. They have now decided to instigate formal disciplinary action for gross misconduct. Is there any way they may consider a final written warning as they did not have the full facts? I intend to hand in my notice immediately after this has finished but am trying to maintain a reference that does not state sacked for gross misconduct. Any help would be greatly appreciated. Thanks

[dan_1207]

Re: Disciplinary hearing for gross misconduct

It would depend really on what your employer defines as gross misconduct. This is usually set out in an employee handbook - can you tell us?

[well68]

Re: Disciplinary hearing for gross misconduct

They state social media and in my defence I put nothing on my normal fb page, not even where I work, I just thought as this was a closed group initially set up to support one another in our new jobs and I knew wasn't accessible to the public it was fine to rant. I know this is stupid now but as everyone ranted that day I had no reason to believe it would come to this. The person did this to try to obtain a promotion in the restructure.

[Kati]

Re: Disciplinary hearing for gross misconduct

As it was a closed group, and the 'evidence' they have has been edited by the person who reported you it would (IMO) be unfair if they used it against you. You did not slander or defame the company on an open forum, you raised grievences in a seemingly secure setting. It would be like someone complaining about something you'd written in a personal diary tbh :sad:

I'm not knowledgeable in employment law :sorry:, but it seems so unfair - whatever happened to "freedom of speech"?

[well68]

Re: Disciplinary hearing for gross misconduct

Thank you Kati, I did contact the information commissioners office who informed me I have not breached any data protection laws and as the group was closed/secret it was freedom of speech. And now the company are aware that it was edited I wonder legally where I stand. Thanks for your response.

[Kati]

Re: Disciplinary hearing for gross misconduct

I'd (again only my personal opinion) get it taken to a tribunal :tinysmile_twink_t2: - the company (IMO) is taking the pi$$ accusing you of gross misconduct in this situation!

Have you been in contact with ACAS yet?

[well68]

Re: Disciplinary hearing for gross misconduct

ACAS say as long as they carry out the procedure correctly I don't really have a case as they've done their part correctly but wonder where I stand as they have half the information.

[Kati]

Re: Disciplinary hearing for gross misconduct

Is there no way you can get the rest??

[well68]

Re: Disciplinary hearing for gross misconduct

No, my son works in computer forensics and he tells me the only way to get info is via a police request. The company have been told by others in the conversation that this person has removed all their comments so am just hoping they'll give me a final written warning so I can just hand my notice in then without a negative effect on my reference!

[well68]

Re: Disciplinary hearing for gross misconduct

And as I've worked there under 2 years a tribunal is out too :-(

[sean5302]

Re: Disciplinary hearing for gross misconduct

If you posted defamatory comments, even in a closed forum, you may well be liable for disciplinary action, including summary dismissal.
People somehow believe the internet has different laws and rules to those of newspapers and suchlike.
It doesn't.

[well68]

Re: Disciplinary hearing for gross misconduct

If you posted defamatory comments, even in a closed forum, you may well be liable for disciplinary action, including summary dismissal.
People somehow believe the internet has different laws and rules to those of newspapers and suchlike.
It doesn't.

I understand that posting on a public forum is unsafe but honestly thought that as the 10 people in the group were all in the same position the ranting (as that's what it was) would be between us. My biggest mistake in 30 years of working that can now affect me in a huge way! What I was asking is for some legal advice given that they know they have half a conversation. I don't really know what's best as never been in this position. Never will again!

[stevemLS]

Re: Disciplinary hearing for gross misconduct

As I understand it you will be disciplined on the basis of the comments you made and so to that extent the fact that they don't have the complete conversation is irrelevant.

Someone might be able to get a cached version of the complete conversation (I am not that tech savvy) in which case you can use that in evidence - if nothing else it might mean that whoever dobbed you in gets their just deserts. I do know that once something is written it never goes away despite the fact that it has been deleted. (If you did it on your pc you might be able to "roll back" to a point where the full thing was displayed?

Best of luck with it.

[sean5302]

Re: Disciplinary hearing for gross misconduct

Your legal advice is what I have told you.
The way forward should now be to attend a disciplinary interview and put your case. You may be accompanied by a work colleague or union rep.
Even posting defamatory comments where just a single person reads them is sufficient grounds to render you liable to summary dismissal.
You have an absolute duty of loyalty to your employer. This has been well covered in case law.
Half a conversation, quarter of a conversation or a single sentence may well be all they need to discipline you, depending on what you wrote.
Unfortunately for you, the master - servant relationship is crucial to employment.
Who would want to employ somebody who displays a clear breach of trust?
That is the problem you would always have and most employers won't entertain that.
Sorry this won't be want you wish to read.

[well68]

Re: Disciplinary hearing for gross misconduct

Thank you both for your responses. I completely understand what you both say, I guess I was just hoping that as I was goaded into it a little they may have been a little more lenient. I guess its a case of dusting myself down and figuring out what to do next. Many thanks.