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|   | Subject: Employment advice
Posted Jan 8, 2009 by  HonestIago | | Post: 1
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Hiya FB - I've had some trouble in my now-former job, I was wondering if you could give me a bit of advice or your professional opinion on the matter.
I had a nasty dispute with someone at work - I thought she was racist, homophobic, lazy and incompetent and she thought much the same about me, apart from the homophobic part - and it got to a point where I made a formal complaint of bullying and harassment against her. She made a counter-claim against me and it dragged on for months and months without being resolved. I got told at the start of December my contract wasn't being renewed and I'd be leaving on Christmas Eve.
Just before our Christmas do, we had an argument in the office (she told me how glad she was I was leaving and made comments about my dead grandmother, I told her she wouldn't have the job she was in if she wasn't related to the boss). I got pretty drunk and put something mildly insulting about this lady on Facebook, regret it and take it back down within the hour. In that time, someone from the office sees it and kicks up a stink while I'm at the other end of the country on a job interview.
I get back to the office after the weekend (the Monday before Christmas) and am summoned into the boss' office who's really annoyed and tells me to clear my desk and go home. I really couldn't bothered arguing with him, so I ask a few basic questions like "Was this disciplinary action?" (No, they couldn't do that), "Was I being fired?" (No) and "What will you say when people are asking for references?" (That I'd reached the end of my contract and we'd agree on the text of a reference) and I clear my desk and go home.
They've now come back and said they're only going to give me details-only reference and that I had been subject to disciplinary action.
I was just wondering if you could help me figure out where I stand legally - I can't really afford legal advice, heck I couldn't even afford to join a union. Anything would be greatly appreciated.
Cheers,
Iago
Ok....
Do you have an email address I could respond to this on?
FB
Aye - I'll drop you an email from it.
I have sent something through now
FB
|  | Subject: Employment advice
Posted May 15, 2009 by Orcus
This is a reply to this Posting.
| | Post: 5
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Hey FB, can I lean on you for some similar advice? Not for me but for my better half.
She's just today been sacked from her job. The reason? For making a mistake as far as I can tell. She work(ed) for a firm that shall remain nameless here counting money to go out to cashpoints. Two weeks ago she and a coworker accidentally mispacked £10 notes into £20 slots and vice versa. After a 2 week suspension they've both been dismissed.
I don't see how one can be dismissed for simply making a mistake.
She had done it before to be fair, more than a year ago and they did discipline her but it was off her record now (she got written warning saying it would be on her record for a period and then expunged).
Her union rep reckons that he's heard that they were told by head office to lose 2 people from her area and they've used this instead of making redundancies. If he can prove that then they are in severe trouble apparently. That's not really my point.
What I really want to know is how can you be dismissed for making an error. It's impossible not to occasionally surely. Also several people have made mispacks earlier in the year and not been disciplined to anywhere near this degree...
Hope you can help.
Orcus
Hi Orcus,
If you drop me an email at:-
ferrettbadger<at>gmail<dot>com
I will respond to you fully.
FB
| | Subject: Employment advice
Posted May 15, 2009 by Orcus
This is a reply to this Posting.
| | Post: 7
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Will do. 
| | Subject: Employment advice
Posted May 18, 2009 by Orcus
This is a reply to this Posting.
| | Post: 8
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Did you get anything?
She's been dismissed for gross misconduct. 
I fail to see how making an honest mistake is gross misconduct.
Although apparently they do have 'failing to use correct procedure' down in their handbook as an example of gross misconduct. And they have used breaking procedure against her in her disciplinary.
Still, if I am a company and I put 'walking in an amusing manner' as an example of gross misconduct I can's see that that makes it so.
Sorry mate had a really busy weekend will respond to you tonight when I get back from work. I do apologise about my tardiness...
FB
| | Subject: Employment advice
Posted May 18, 2009 by Orcus
This is a reply to this Posting.
| | Post: 10
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It's alright, any help is appreciated. We are just anxious so apologies if I am coming across as harrassing you.
Not at all, I did say if you emailed me I would respond and I am sorry I didn't. For obvious reasons I can't do it whilst at work.....
FB
should be a response in your inbox now.
FB
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