My bro sacked for swearing

[cheeky_chops]

my brother has been sacked for swearing. Seems a little over the top?! (though he is a total PITA but v reliable/honest)

The story is he was having a argument with someone, someone else joined in and he told them to "fxxx off". They raised a grievance against him. His manager then suspended him for a week. Last friday he had a disciplinary and sacked him. He then received a formal decision via post giving his 7 days to appeal to head office. The letter took 7 days and today is day 10, no way he can get the letter in. He says has no other disciplinaries in his records (though had a "note" for being rude to a customer a few months ago).

I think there is more to it than just this - he was a "interim assistant manager" in a pub owned by a large brewery chain for 6 months, though was still on a barman contract. They put him thru the licensing course, he was doing all the hours, opening up, all the st jobs and no tips. He told them unless he was paid more he would go back to service and get tips, they wouldnt so he did. Next thing this.

Next steps? cheers

[4nonymous]

Sounds like they wanted a reason to get rid of him and he gave them one..

[MidlandDan84]

Depends if he told the person to 'F Off' in an aggressive manner, the other person may have felt threatened.

Lesson to keep your mouth shut maybe.

[Vladimir Pukin]

Criminal offence. Section 5, public order act. I watch Street Wars too much.

[Firefoot]

If he wants to appeal then he should send a written reply explaining the delay in receiving the letter, and asking for an appeal to be heard.

I wouldn't hold out much hope of a re-instatement though. Acting aggressively (including swearing), fighting etc is usually gross misconduct in companies. If he was a model employee, I am guessing they would not have sacked him for a first offence of swearing, however, if he was less than a model employee then it is a perfect excuse to part company.

They are perfectly within their rights to have dismissed him, as they also hold a duty of care to other employees to prevent them being threatened or assaulted during their working hours.

[southendpier]

If he has been there less than 12 months not much he can do anyway but as others have said argueing agressively and swearing is gross misconduct in most companies (particularly if it was in earshot/sight of customers).

Likely to be the straw that broke the camel's back.

[scirocco265]

southendpier said:

If he has been there less than 12 months not much he can do anyway but as others have said argueing agressively and swearing is gross misconduct in most companies (particularly if it was in earshot/sight of customers).

Likely to be the straw that broke the camel's back.

Unfortunately, I agree with the above. However, if he wants to appeal the decision, he should still be able to, but he would need a good reason / new evidence to provide etc. What was the official reason for dismissal on his outcome letter?

[Fire99]

southendpier said:

If he has been there less than 12 months not much he can do anyway but as others have said argueing agressively and swearing is gross misconduct in most companies (particularly if it was in earshot/sight of customers).

Likely to be the straw that broke the camel's back.

I represented a number of people in my previous company and a good number of company contracts will class this as gross misconduct and is sackable.
Quite often, to be honest, people would get off with a final warning as, unless it was a vicious verbal assult and the recipient felt threatened, it would be a harsh judgement for a 'one strike and you're out'

I think it's likely that the chap had alreadly ruffled a few feathers and this was an opportunity to get shot of him for free.

[Soovy]

cheeky_chops said:

my brother has been sacked for swearing. Seems a little over the top?! (though he is a total PITA but v reliable/honest)

The story is he was having a argument with someone, someone else joined in and he told them to "fxxx off". They raised a grievance against him. His manager then suspended him for a week. Last friday he had a disciplinary and sacked him. He then received a formal decision via post giving his 7 days to appeal to head office. The letter took 7 days and today is day 10, no way he can get the letter in. He says has no other disciplinaries in his records (though had a "note" for being rude to a customer a few months ago).

I think there is more to it than just this - he was a "interim assistant manager" in a pub owned by a large brewery chain for 6 months, though was still on a barman contract. They put him thru the licensing course, he was doing all the hours, opening up, all the st jobs and no tips. He told them unless he was paid more he would go back to service and get tips, they wouldnt so he did. Next thing this.

Next steps? cheers

He needs to start looking for another job.

He's obviously been on the list for getting rid of, and he gave them the chance. The "note" is presumably a written warning.


Idiot.

[Engineer1]

Sacked for swearing sounds like a book thrown at him, and that tends to happen to people who are wanted out. Also swearing at a colleague is different to the oh FFS or bks when a machine ruins your work.

[Soovy]

Engineer1 said:

Sacked for swearing sounds like a book thrown at him, and that tends to happen to people who are wanted out. Also swearing at a colleague is different to the oh FFS or bks when a machine ruins your work.

He's had it.

His own fault.


Threatening behaviour = sacked.

[bonsai]

He sounds like a bit of a peasant. Good luck with his reference.