Is this regarded as "gross misconduct"?

[LightHope]

Hi,

I am new to this site and hope someone can calm my nerves.

I was spoke to a company who is affiliated with the business I work for. They're not apart of the business, but contracted to handle the benefits we subscribe to like extra holidays, medical insurance etc.

There was some confusion whether I was eligible for a certain Health benefit. It's where you can get an annual health check up once a year at a discount. I had already signed up and I was wanting to add my wife. The company who handles the benefits said to me I could add my wife a week ago and then later said I'm unable to.

In frustration I told the staff member to "shut up", that they were talking "BS" and my tone was a little aggressive. They responded by saying they were going to terminate the call, and they were reporting my behaviour to HR.

The call was disconnected and then I called back to apologise. The manager who I spoke with was then away from his desk and was in a meeting, so left it for one of his front line agents to pass on.

I informed my manager and his manager. Both of em' said my actions was unacceptable and expect the end result to be formal feedback.

Who decides whether formal action will be taken? Is it HR or your line manager?

Any thoughts and advise would be most welcome.

Ta.

 

[JeffreyMills]

Management will decide after taking advice from HR.
It could be gross misconduct, you will have to await further information from your employer.

 

[Newchodge]

It depends on your organisation

 

[billybob99]

If they think you're a naughty boy for saying shut up then you need to find a new employer.

 

[paulears]

I suspect context is everything the "shut up" followed by "bull shit" in an aggressive tone suggests it was not said in a nice or appropriate way, especially if the result was them hanging up. The kind of speech that is warned is unacceptable in nearly every NHS department on posters, and in the Royal Mail depots and post offices etc. Just a few locally where I remember seeing the warnings. Clearly this is now established as not acceptable from the public, let alone work colleagues. If you have apologised, what more can you do apart from hope this is sufficient? If the person you upset withdraws their complaint, maybe they'll let it go. If you are now known for doing this because everyone knows, then it's going to be hard to re-integrate.if they are still upset, I suspect you are stuffed, because HR will protect them, it's part of their remit.

 

[LightHope]

I suspect context is everything the "shut up" followed by "bull ****" in an aggressive tone suggests it was not said in a nice or appropriate way, especially if the result was them hanging up. The kind of speech that is warned is unacceptable in nearly every NHS department on posters, and in the Royal Mail depots and post offices etc. Just a few locally where I remember seeing the warnings. Clearly this is now established as not acceptable from the public, let alone work colleagues. If you have apologised, what more can you do apart from hope this is sufficient? If the person you upset withdraws their complaint, maybe they'll let it go. If you are now known for doing this because everyone knows, then it's going to be hard to re-integrate.if they are still upset, I suspect you are stuffed, because HR will protect them, it's part of their remit.

Hi,

The conversation was between me and someone who does not work for my employer, but a partner of the employer who handles all the Benefits. It was a phone conversation, so I'm not sure how everyone can come to know about it.

I do hold them partly to blame for leading me to believe I'd be able to add my wife to the Health Benefit. My wife's health hasn't always been great, so it would've been ideal to have her checked out once a year. The Benefit was a yearly health check and a comprehensive one too. So, I was quite emotionally upset when they or he informed she can't be added. I realise it doesn't justify my actions, but I hope they'll take that on board and pardon me accordingly.

Btw, I never literally said "bull****". I literally said "BS".

I found the Disciplinary Policy and Procedure.

It states to the nearest meaning under "Misconduct":

* Giving an attitude to work, customers and other colleagues
* Using abusive or foul language to the same as above

 

[STDFR33]

Hi,

The conversation was between me and someone who does not work for my employer, but a partner of the employer who handles all the Benefits. It was a phone conversation, so I'm not sure how everyone can come to know about it.

I do hold them partly to blame for leading me to believe I'd be able to add my wife to the Health Benefit. My wife's health hasn't always been great, so it would've been ideal to have her checked out once a year. The Benefit was a yearly health check and a comprehensive one too. So, I was quite emotionally upset when they or he informed she can't be added. I realise it doesn't justify my actions, but I hope they'll take that on board and pardon me accordingly.

Btw, I never literally said "bull****". I literally said "BS".

I found the Disciplinary Policy and Procedure.

It states to the nearest meaning under "Misconduct":

* Giving an attitude to work, customers and other colleagues
* Using abusive or foul language to the same as above

If I say FYMF (f uck you mother f ucker), it's still still the same as saying f uck you mother f ucker.

You were rude and unprofessional. You should have written down what you were told and taken it up with your line manager for clarification.

Apologise, explain you are under a lot of stress and hope for the best.

 

[LightHope]

If I say FYMF (f uck you mother f ucker), it's still still the same as saying f uck you mother f ucker.

You were rude and unprofessional. You should have written down what you were told and taken it up with your line manager for clarification.

Apologise, explain you are under a lot of stress and hope for the best.

Thank you.

 

[Graham Tyers]

Employers need passionate people.

I'd rather have someone who gets exercised enough to stand up for their own and the company's rights and go over the top than have meek doormats who shuffle papers and make spreadsheets.

Apologise, explain that you don't suffer fools and the company can see that they have someone who will fight for themselves as well as fight for the company. And that's exactly what they need.

 

[LightHope]

Employers need passionate people.

I'd rather have someone who gets exercised enough to stand up for their own and the company's rights and go over the top than have meek doormats who shuffle papers and make spreadsheets.

Apologise, explain that you don't suffer fools and the company can see that they have someone who will fight for themselves as well as fight for the company. And that's exactly what they need.

Hi,

Thank you for the advise.

I apologised moments after and even did so my seniors. Since they've been trying to get me to stop stressing over it and were quietly confident that I won't get the sack.

My employer has never had any major or minor concerns with my performance and behaviour until now. A rash moment of stupidity.

I hope next week, I'm given the all clear next week.

Thank you to everyone for their sound advise and thoughts.

 

[Chris Ashdown]

Whilst the company concerned can take its own action, i don't understand how they can contact your company about the matter. Might even be against the GDPR, but most likely not

They would be in their rights to ban you from contacting their office or whatever action they may instigate

 

[LightHope]

Whilst the company concerned can take its own action, i don't understand how they can contact your company about the matter. Might even be against the GDPR, but most likely not

They would be in their rights to ban you from contacting their office or whatever action they may instigate

Hi,

Thank you for your message.

I was thinking the same thing at one stage.

Do you think it would be permissable for them to share the audio recording of the phone discussion with my employer?

 

[JeffreyMills]

A similar situation - staff member was rude and aggressive on a call to our pensions company.
They quite rightly complained via the account manager, who asked to meet our CEO.
Staff member was disciplined for the poor impression he had given of our business and wrote an apology to the call centre operator who he had taken out his frustrations on. CEO read a transcript of the call as” all calls are recorded for training and monitoring purposes”.
Sounds like a similar situation - you have damaged your employer’s good name with a business they have a contract with. I hope that your role does not include sales, negotiation or account/relationship management, as if it did, the repercussions could be serious.

 

[LightHope]

A similar situation - staff member was rude and aggressive on a call to our pensions company.
They quite rightly complained via the account manager, who asked to meet our CEO.
Staff member was disciplined for the poor impression he had given of our business and wrote an apology to the call centre operator who he had taken out his frustrations on. CEO read a transcript of the call as” all calls are recorded for training and monitoring purposes”.
Sounds like a similar situation - you have damaged your employer’s good name with a business they have a contract with. I hope that your role does not include sales, negotiation or account/relationship management, as if it did, the repercussions could be serious.

Hi,

My role does not include sales, negotiation or account/relationship management.

I'm sure they'll accept my sincere apology.

 

[John Hemming]

I think your best option is to be apologetic. It would not be a good idea to try to resist them giving a copy of the audio recording to your company as that would appear as if you wished to conceal something. I am not aware of anything that would prevent that either hence I would think it is futile.

This is the sort of thing that as a one off may result in a warning (formal or informal), but I would not expect it to result in dismissal. At peak I have been the CEO of a company employing 300 people (that I founded) and I have, hence, some experience of management.

As a general principle it is best to stop and count to ten rather than be rude to people.

 

[LightHope]

I think your best option is to be apologetic. It would not be a good idea to try to resist them giving a copy of the audio recording to your company as that would appear as if you wished to conceal something. I am not aware of anything that would prevent that either hence I would think it is futile.

This is the sort of thing that as a one off may result in a warning (formal or informal), but I would not expect it to result in dismissal. At peak I have been the CEO of a company employing 300 people (that I founded) and I have, hence, some experience of management.

As a general principle it is best to stop and count to ten rather than be rude to people.

Hi John.

Thank you for your advise. Believe me, I'll remember that for next time.

I've not contacted the company since apologising and been advised not by management.

I'm sure if they do report the incident, they will have to likewise share the call or report I apologised moments later. Plus, their own error that resulted in the call to take place.