Disciplinary Action

Author
Discussion

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
Need some advice please. I had cause to correct a junior colleague on a matter and treatment of another colleague the other day. She would not accept that I was in the right. Her parting shot was "Well I don't care anyway" to which my reply was "Well you bloody well ought to start caring". She sniggered at this which really hacked me off and I replied "you were damn lucky XXXX didn't slap you for talkiing to her like you did". Thats the long and short of it, anyway turns out that she got her byfriend to write an e-mail to HR accusing me of all sorts. My actions were whitnessed by 10 other people 4 of which have corroberated (SP?) my version.

Quite frankly IDGAF as the girl is ignorant and ill mannered. HR have not been in touch with me & I only know about her (Boyfriends) e-mail when my manager told me. My question is am I leagally entitled to see her complaint and is there any other action I should be taking.

Appreciate any advice.


Just realised this should be in the Employment section so will re-post there.

Stevenj214

4,941 posts

229 months

Thursday 15th September 2011
quotequote all
Are you in a position of authority over this girl? i.e. not just 'more senior' but does she report to you?

If so, the way you handled the situation was poor.

If not, the way you handled the situation was poor.

If I didn't like you and you spoke to me like that, I could see it easily materialising into a complaint against you - using the facts exactly as you state them. Harrassment, bullying, intimidation...

STW2010

5,735 posts

163 months

Thursday 15th September 2011
quotequote all
I agree with Steven.

Whilst I can understand why you acted like you did, in the work place employees regardless of seniority (in fact, those more senior should know better) should behave professionally. Your response was more fitting to a social setting, such as a pub.

If you think that someone is speaking to a colleague in a way that you do not agree with, then telling them that is unacceptable (or words to that effect) and telling them to walk away is the limit really. Openly telling someone that they deserve a slap is not a good approach at all. This could even be seen as you ganging up with your colleague to argue with (or bully, if they dress it up in that way) another less-liked colleague.

Lotus Notes

1,205 posts

192 months

Thursday 15th September 2011
quotequote all
If this exchange between you and your colleague was witnessed by others, I would suggest that you write down your version of events and reasons to why you corrected your colleague (her actions were not in line with yours and company expectations etc etc).

If this particular person was written to HR, speak to your line manager and discuss openly this matter, then be proactive and with your line manager approach HR with a view to getting closure to this incident.

Condoning physical violence is not possibly the best thing to do in the workplace...you're probably in a spot of bother.

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
Cheers for that. I know it wasn't handled very well. I am slightly more senior to her and was correcting some of her actions to which she was very aggresive verbally to me. She has a history of speaking badly to other staff members. She reduced the other girl to tears hence my response. You are right it it probably was more suitable for a pub. Had it been in a pub she would have got slapped

I'm prepared to get a warning of some sort or other. Appreciate if know if I am entitled to see the actual complaint in order to prepare what defence I can.

Dick


Tiggsy

10,261 posts

253 months

Thursday 15th September 2011
quotequote all
DWS said:
My actions were whitnessed by 10 other people 4 of which have corroberated (SP?) my version.
lol...thats because 6 of them think you were wrong!

Countdown

39,984 posts

197 months

Thursday 15th September 2011
quotequote all
To get a warning you would need to go through a formal disciplinary process.

As part of any such process you would be entitled to see the evidence against you and to be able to put your case forward.

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
Tiggsy said:
lol...thats because 6 of them think you were wrong!
Tiggsy, not so, they were the only ones to to give written corroberation 3 of the others have all verbally corroberated my version

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
Countdown, thanks, that's what I wanted to hear.
DIck

Lotus Notes

1,205 posts

192 months

Thursday 15th September 2011
quotequote all
Your company should have a complaints or greviance policy. This will establish the guidelines for treating the complaint - you will be entitled to have a copy of this document.

This is company dependent - But escalating the complaint to a HR level is not normally the first port of call. She would normally be expected to address any complaint with you directly, in order to discuss why there is conflict and how to resolve; If this is not satisfactory, she should request a meeting with you and your line manager before further escalation. However, the intimidation probably cut-off this route..

Stevenj214

4,941 posts

229 months

Thursday 15th September 2011
quotequote all
DWS said:
Countdown, thanks, that's what I wanted to hear.
DIck
Seeing 'evidence against you' does not however mean that you will get to see this private email.

batmanreturns

536 posts

270 months

Thursday 15th September 2011
quotequote all
I had a very similar issue last year whereby an employee that i was more senior than back chatted me and then i called him a prick. He was a semi professional rugby player and played as prop then went to HR about it and said that i'd intimidated and bullied him which was absolutely not the case. Long and short of it was that after 11 years service and not a foot wrong i had no option but to walk....

The UK's whole HR culture and employee 'rights' seem absolutely bonkers to me and that fact that managers get stiffed for saying heat of the moment things with employees that goad them into it is an absolute scandal in my eyes. Most of the employees that bring cases like this know that they can either get someone sacked or get money out of it which is their prime motivator in most cases. Someone needs to overhaul the current daft system in my view as you can't say anything these days without fear of being fired or a law suit coming your way.

However, everything has a silver lining, i then set up my own business and am storming along!

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
Batmanreturns,
My thoughts exactly. The silver linning to this is she is leaving in 14 days so we all won't have to put up with her. She is not liked for her attitude, ignorance and general bad manners.

I'm on a temporary contract as a consultant (having left a couple of years ago) so could walk anytime I like but I won't give her the satisfaction. Have worked here for 25 years. If they want me to go they will have to push me.

Dick

Tiggsy

10,261 posts

253 months

Thursday 15th September 2011
quotequote all
Is the moral here that if you are employed in a senior position, dont tell people they deserve slaps or are pricks?

Rude-boy

22,227 posts

234 months

Thursday 15th September 2011
quotequote all
Tiggsy said:
Is the moral here that if you are employed in a senior position, dont tell people they deserve slaps or are pricks?
Fairly well sums it up.

The juniors can goad and cause as much and as many problems as they like and you have to follow the guidelines and co. handbook to the letter if you want to do anything about it.

Rise to the bait and say one word too many and you can be out on your ear in 30 seconds flat.

It is so petty but the only way to solve problems like this person is to play the system yourself and ping them for every single breach until they break and change their ways, leave, or are shown the door. Of course doing this though is fraught with the difficulty of being accused of bullying them, being vindictive, sexist or, if you happen to be white and they are not, racist.

Welcome to C21st HR.

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
just for the record I didn't condone violence or that they deserve a slap I said:

"you were damn lucky XXXX didn't slap you for talkiing to her like you did"

I don beleive that constitutes advocating violence

I know I was wrong and accept that. I have spoken to HR & admitted that I was wrong to speak to her like I did and will be making an appology this afternoon in public if that is wanted. HR advised that neither side comes out of it looking good but he doubts that I will be geting a "Naughty boy sticker" or asked to leave.

DWS

Original Poster:

657 posts

219 months

Thursday 15th September 2011
quotequote all
Ask one of her friends to get her to come into a separate ofice. She reffused aven When I asked her as she "darn't" then left in tears.

Olive branch extended & refused.

Let battle commence

Rude-boy

22,227 posts

234 months

Thursday 15th September 2011
quotequote all
DWS said:
Ask one of her friends to get her to come into a separate ofice. She reffused aven When I asked her as she "darn't" then left in tears.

Olive branch extended & refused.

Let battle commence
No battle to start.

Write to HR now to say exactly what you said and did and ask friend of woman to conter sign to confirm exactly what was said and done.

You are about to be played, she is out of a job in a couple of weeks and looking for the compo.

Tread lightly and for God's sake don't ever let yourself be in the same room as her alone.

Stevenj214

4,941 posts

229 months

Thursday 15th September 2011
quotequote all
DWS said:
Ask one of her friends to get her to come into a separate ofice. She reffused aven When I asked her as she "darn't" then left in tears.

Olive branch extended & refused.

Let battle commence
What battle?

HR is taking no action. She is leaving in a couple of weeks.

Chillax.

STW2010

5,735 posts

163 months

Thursday 15th September 2011
quotequote all
DWS said:
Let battle commence
Not the attitude. Did you ignore our advice from before?