Suspended from work

[hardy]

Hi everyone,
I was suspended from work last week on full pay while an investigation is being arranged. It was Gross-misconduct if I remember her saying.
My Manager suspended me because I reacted to her insult! I went to see her about a work related issue which she should sort out, and she was very unpleasant and said angrily "...use your brains..." I found that very insulting (as I have always been a competent person), I replied instantly without thinking and said "Do not ****ing insult me", me and her never got on well for almost 3 years I have worked for this company.
Any feedback on what do you think will come out of this would be much appreciated guys.

 

[MASSEY]

It's the one rule you alway's need to abide. Dont ******* swear at the boss .

http://www.lindermyers.co.uk/swearing-in-the-workplace_393.html

The above gives a good sense of the situation.

 

[rickyhyde89]

Swearing is gross misconduct and an istantly sackable offence, but swearing in the heat of the moment is not gross misconduct. Was the swearing a one off offence or has it happend more than once?

 

[telemarketing_genius]

if swearing was an act of gross misconduct at our company we would be staff free by 9:30 on a monday morning.

 

[hardy]

Hi everyone,
I was suspended from work last week on full pay while an investigation is being arranged. It was Gross-misconduct if I remember her saying.
My Manager suspended me because I reacted to her insult! I went to see her about a work related issue which she should sort out, and she was very unpleasant and said angrily "...use your brains..." I found that very insulting (as I have always been a competent person), I replied instantly without thinking and said "Do not ****ing insult me", me and her never got on well for almost 3 years I have worked for this company.
Any feedback on what do you think will come out of this would be much appreciated guys.

Swearing is gross misconduct and an istantly sackable offence, but swearing in the heat of the moment is not gross misconduct. Was the swearing a one off offence or has it happend more than once?

It was a one of, first time ricky

 

[hardy]

if swearing was an act of gross misconduct at our company we would be staff free by 9:30 on a monday morning.

The word "F***ing" is used a lot were I work too, but...

 

[MASSEY]

I think it is childish of an employer to suspend some one for this. To be honest i have not come across many managers that don't swear in the working environment.

 

[hardy]

If the outcome of this is a dismissal, what are my chances of defending myself if I use one previous incident in our workshop where by 2 of my colleagues had a physical fight, I managed to separate them that day, none of them was dismissed, I would have thought that their case is worse than mine! She did not dismiss them!!!

 

[rickyhyde89]

I think it is childish of an employer to suspend some one for this. To be honest i have not come across many managers that don't swear in the working environment.

I'm not saying this about the person who started this thread as I do not know the full story but I think gerneraly managers would use something like swearing as a way of getting rid of someone they do not want for what ever reason. In a lot a work places swearing between staff members is generaly accepted but if a manager wants to get rid of you then that could use it as an excuse.

 

[Dawg]

You swore at a manager that you don't get on with. She probably dislikes you too. Whatever the rights or wrongs you have just given her a way to get rid of you, and she will, and I'll bet senior management back her up or they'll have an even more expensive employment headache.
I seriously doubt if any previous incidents will have a bearing on your gross misconduct.
Whether the management is childish, petty, or overblown they have you for gross misconduct and unless you are seen as more valuable to the company than she is, you go.

 

[rickyhyde89]

If the outcome of this is a dismissal, what are my chances of defending myself if I use one previous incident in our workshop where by 2 of my colleagues had a physical fight, I managed to separate them that day, none of them was dismissed, I would have thought that their case is worse than mine! She did not dismiss them!!!

"insolence or rudeness, including use of bad language. Things said in the heat of the moment would not usually justify a dismissal"

That is a quote straight from the citizens advice website in a section giving valid reasons for dismissals for gross misconduct. I can give you the link if you would like to print it off and take it to your diciplnary hearing? If it was a one off like you said then im sure this will help you.

 

[hardy]

"insolence or rudeness, including use of bad language. Things said in the heat of the moment would not usually justify a dismissal"

That is a quote straight from the citizens advice website in a section giving valid reasons for dismissals for gross misconduct. I can give you the link if you would like to print it off and take it to your diciplnary hearing? If it was a one off like you said then im sure this will help you.

Yes Ricky, please give the link, I need all the help I can get, as I am in on my own, I can't afford a solicitor!

 

[rickyhyde89]

http://www.adviceguide.org.uk/index....htm#Steps_to_work_through_to_identify_an_unf

It is about half way down the page. If you click ctrl and F then type in heat into the search bar tat comes up into the bottom lefthand corner then press enter twice it should highlight the section you need although it is worth reading all the page.

 

[hardy]

Thank you ever so much Ricky, I do appreciate

 

[hardy]

Also, there is evidence of favouritism in our workshop, I don't know if I could use that as a defence, it has always been denied by the manager! is this something I should mention?

 

[Atilla]

The word "F***ing" is used a lot were I work too, but...

Same here. Mind, it is a brothel.

 

[Paul Norman]

Threads like this make me sigh with relief not to be in the work place.

It is impossible to comment fairly on the OP's position, as we have only one side of the story. So I am not going to type judgements against them here!

However, there is an increasing trend for situations to end up in this kind of place, where a legal dispute between company and staff are looming. As a manager, if someone swore at me in anger, frankly, I would remove them from my employment. However, aware of the complexity of the law on this matter, I would follow a very structured process.

However, if someone had not been seeing eye to eye with me for some time before that, I would try to bring that matter into the open, and solve it in a grown up way, before it got to a stand off.

Of course....if you don't want your staff to be aggressive towards you, then return the compliment! The 'use your brain' comment was, potentially, rather provocative.

 

[hardy]

The outcome looks Bleak after reading all the feedback from the posters on here, I will go to the hearing and tell it as it is and see if the investigator has a bit of a common sense and hope he is not biased (chances are he will be), and perhaps swallow the decision and try and move on somehow though difficult this will be. I just want to know weather I can negociate if dismissed? as in would I be given the option to resign? and what are my chances of me getting a good reference for my future job? is this something I can negociate?