Overheard phone call...
Overheard phone call...
Author
Discussion

AB

Original Poster:

20,436 posts

224 months

Wednesday 12th January 2022
quotequote all
So hypothetically speaking, obviously, if you had a member of staff who was on the phone to a customer who put the phone down and commented "ffs, he's the biggest bender I've ever met in my entire life" but actually the phone hadn't been put down properly and the customer and 5 of his colleagues who were on the conference call heard it... could there be any comeback?

Let's say that hypothetically this guy was homosexual and took great offence at the whole thing and took sick leave for stress and came back wanting to take it as far as he could and 'sue' said member of staff, and assuming his employer supported him with it, what's the worst that could happen?

longblackcoat

5,047 posts

212 months

Wednesday 12th January 2022
quotequote all
AB said:
So hypothetically speaking, obviously, if you had a member of staff who was on the phone to a customer who put the phone down and commented "ffs, he's the biggest bender I've ever met in my entire life" but actually the phone hadn't been put down properly and the customer and 5 of his colleagues who were on the conference call heard it... could there be any comeback?

Let's say that hypothetically this guy was homosexual and took great offence at the whole thing and took sick leave for stress and came back wanting to take it as far as he could and 'sue' said member of staff, and assuming his employer supported him with it, what's the worst that could happen?
If I understand your facts correctly, the offended party is a customer, the offending party works for your (sorry, "A friend's") company.

In which case the I believe the offended party has no comeback. It's not a criminal offence - can't see it falling into hate speech territory - and as it's an employee of another company there's no recourse there either. Obviously what should happen is that your/friend's MD should speak to the other company's MD and apologise profusely, then fire the offending muppet for gross misconduct. That way they're (a) doing the right thing morally (b) keeping the customer on board.



BertBert

21,245 posts

240 months

Wednesday 12th January 2022
quotequote all
It's complex and hard to imagine all the possible outcomes.

The most likely path in my view would be for the customer to take action against your company. Anything from a request to improve to cancelling contracts or seeking some financial redress.

It could be that there was also some personal action such as the offended employee of the other company reporting your colleague to the police. Feels unlikely, but who knows.

I would think it would be very wise for your company to take disciplinary action against the employee resulting in a verbal warning, written warning or termination of employment for gross misconduct should the empoyee be found guilty.

It would also be wise to make sure the company policies on such behaviour were up to date and then re-iterate the importance of them to all staff.

Why do people do such stupid things?

Electro1980

9,139 posts

168 months

Wednesday 12th January 2022
quotequote all
AB said:
So hypothetically speaking, obviously, if you had a member of staff who was on the phone to a customer who put the phone down and commented "ffs, he's the biggest bender I've ever met in my entire life" but actually the phone hadn't been put down properly and the customer and 5 of his colleagues who were on the conference call heard it... could there be any comeback?

Let's say that hypothetically this guy was homosexual and took great offence at the whole thing and took sick leave for stress and came back wanting to take it as far as he could and 'sue' said member of staff, and assuming his employer supported him with it, what's the worst that could happen?
From a company point of view, it depends on how you deal with it.

I’m assuming this is someone who works for you? If so, to protect the company you need to start the disciplinary process. That behaviour is misconduct and possibly gross misconduct. You also need to consider the culture that means he thought that was acceptable to say in the office. You might want to consider making an apology to the customer.

The member of staff, well, the worst that could happen is police involvement. Unlikely to actually go anywhere but could be very stressful for them. For the company, huge reputations damage. How far that goes depends on the company, the industry and what the customer does.

AB

Original Poster:

20,436 posts

224 months

Wednesday 12th January 2022
quotequote all
I'm asking for a friend, obviously, but the ship has well and truly sailed on getting the order. It would have been a one off order anyway so not a problem and for a couple of reasons maybe even a blessing in disguise.

It was a moment of stupidity and quite unlike the bloke in all honesty.

An apology was given immediately by employee to offended customer as he called straight back to let him know he'd overheard him.

MD also had Zoom call with their MD to offer apologies during which it came to light the offended one had written a 2 page complaint. It was suggested that a formal letter of apology be issued by silly bloke on company headed paper - this didn't happen because it was felt it added fuel to any future issues such as this.

It only came to light yesterday via one of the other employees of potential customer who is good friends with silly bloke that offended fella wanted to take it as far as he could.

longblackcoat

5,047 posts

212 months

Wednesday 12th January 2022
quotequote all
AB said:
I'm asking for a friend, obviously, but the ship has well and truly sailed on getting the order. It would have been a one off order anyway so not a problem and for a couple of reasons maybe even a blessing in disguise.

It was a moment of stupidity and quite unlike the bloke in all honesty.

An apology was given immediately by employee to offended customer as he called straight back to let him know he'd overheard him.

MD also had Zoom call with their MD to offer apologies during which it came to light the offended one had written a 2 page complaint. It was suggested that a formal letter of apology be issued by silly bloke on company headed paper - this didn't happen because it was felt it added fuel to any future issues such as this.

It only came to light yesterday via one of the other employees of potential customer who is good friends with silly bloke that offended fella wanted to take it as far as he could.
Out of character or not, actions have consequences and it's probable that just for once he forgot to keep his homophobic mouth shut. Leaving aside the financial implications of the order, I'd not have someone espousing views like that working for me in any event. Maybe I'm biased - one of my daughters is gay - but I'll not abide bigotry at work.



Monkeylegend

29,189 posts

260 months

Wednesday 12th January 2022
quotequote all
Hypothetically I would say they misheard you and you said whinger not bender, it must have been a bad line.

I suppose it is to late for that now though.

PorkInsider

6,579 posts

170 months

Wednesday 12th January 2022
quotequote all
AB said:
It only came to light yesterday via one of the other employees of potential customer who is good friends with silly bloke that offended fella wanted to take it as far as he could.
There are too many variables, in my opinion, to get a meaningful answer.

"Take it as far as he could" depends on where he directs his complaint:

To his own employer? Could he claim they failed to protect him from being abused whilst doing his job? I can't imagine that going anywhere.

To your friend's employer? That would be reliant upon the employer wanting to do something about it, so could be anywhere from no action at all to being fired.

To the police? Who knows...

super7

2,251 posts

237 months

Wednesday 12th January 2022
quotequote all
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!

steveo3002

11,201 posts

203 months

Wednesday 12th January 2022
quotequote all
should have said he was pointing to someone in the carpark when he said it


Countdown

49,334 posts

225 months

Wednesday 12th January 2022
quotequote all
AB said:
So hypothetically speaking, obviously, if you had a member of staff who was on the phone to a customer who put the phone down and commented "ffs, he's the biggest bender I've ever met in my entire life" but actually the phone hadn't been put down properly and the customer and 5 of his colleagues who were on the conference call heard it... could there be any comeback?

Let's say that hypothetically this guy was homosexual and took great offence at the whole thing and took sick leave for stress and came back wanting to take it as far as he could and 'sue' said member of staff, and assuming his employer supported him with it, what's the worst that could happen?
From an Employers point of view - I don't think YOU can be sued if your employee say something homophobic.

From the hypothetical Employee's point of view - if he gets sued by the other bloke then arguably that's his problem, not yours.

I'd be seriously surprised if anything came from it.

essayer

10,410 posts

223 months

Wednesday 12th January 2022
quotequote all
If I made a comment like that at work I would almost certainly be dismissed for gross misconduct.

No firm should permit that sort of culture

hyphen

26,262 posts

119 months

Wednesday 12th January 2022
quotequote all
BertBert said:
Why do people do such stupid things?
Because humans are not perfect and make mistakes.

B235r

408 posts

78 months

Wednesday 12th January 2022
quotequote all
super7 said:
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!


So this

longblackcoat

5,047 posts

212 months

Wednesday 12th January 2022
quotequote all
super7 said:
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!
If you were black and someone called you a "n" would you just shrug and say, well, I better get a thicker skin?

Thought not.

Sticks.

9,697 posts

280 months

Wednesday 12th January 2022
quotequote all
B235r said:
super7 said:
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!


So this
Using the term bender for a gay person a coincidence? Ffs rolleyes

HustleRussell

26,497 posts

189 months

Wednesday 12th January 2022
quotequote all
Monkeylegend said:
Hypothetically I would say they misheard you and you said whinger not bender, it must have been a bad line.

I suppose it is to late for that now though.
Yes, if in doubt always blame and gaslight the victim. It's the correct response in the corporate environment.

super7

2,251 posts

237 months

Wednesday 12th January 2022
quotequote all
longblackcoat said:
super7 said:
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!
If you were black and someone called you a "n" would you just shrug and say, well, I better get a thicker skin?

Thought not.
I'd complain that it was said but i wouldn't go off sick and claim stress and all that rubbish. It would depend on whether the offender was black as well because then that language would be perfectly acceptable.




HustleRussell

26,497 posts

189 months

Wednesday 12th January 2022
quotequote all
super7 said:
longblackcoat said:
super7 said:
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!
If you were black and someone called you a "n" would you just shrug and say, well, I better get a thicker skin?

Thought not.
I'd complain that it was said but i wouldn't go off sick and claim stress and all that rubbish. It would depend on whether the offender was black as well because then that language would be perfectly acceptable.
Jesus Christ rolleyes

super7

2,251 posts

237 months

Wednesday 12th January 2022
quotequote all
Sticks. said:
B235r said:
super7 said:
Personally, and this is from a 52 year old, the offended needs to get a thicker skin if that sort of comment results in you taking time of work due to stress and horror at being called something.... This sort of thing used to dealt with via an apology or in more cases just by giving the offender a bking. I bet most of the offended's colleagues were secretly chuckling away, because if the offender thought the offended was a knobhead, then his colleagues probably think that as well!!

I'm sure the term 'Bender' and the fact that the offended was gay was a co-incidence, in the sense that i'll get off a call and call some of the attendee's everything under the sun, in a a good 10 minute rant!

The whole world has got too sensitive.... time off for being called something... get real!!!!


So this
Using the term bender for a gay person a coincidence? Ffs rolleyes
This is assuming the offender knew the offended was Gay? Do you know the orientation of all your customers (if indeed you have any) ??