Gross Misconduct?

Author
Discussion

Hondashark

Original Poster:

365 posts

30 months

Friday 12th April
quotequote all
First off, it's not me. I'm wise enough to not open my mouth on "private" whatsapp groups.

On a WhatsApp group with a fair few people from work and a few guys have slagged off the top manager that runs the site. Stuff like "hope he gets knob rot".

Someone took screenshots and sent them to him.
First one got suspended and has now been sacked. The second one got suspended last night and going by that precedence he could be looking at getting sacked too.

My question, if it is one, is that enough for a sackable offence and not just a written warning? Feels like alot to go straight to sacking.

Terminator X

15,092 posts

204 months

Friday 12th April
quotequote all
How would anyone know who was in the WhatsApp group? Surely just deny it.

TX.

Hondashark

Original Poster:

365 posts

30 months

Friday 12th April
quotequote all
He has screenshot of the comment and it shows the mobile number/name of the guy that said it?

jasonrobertson86

510 posts

4 months

Friday 12th April
quotequote all
Unlikely to be lawful sacking. Seek advice.

Mr Penguin

1,184 posts

39 months

Friday 12th April
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If they have been there for less than two years then they can be dismissed for any reason that isn't a protected one (race, sex, union etc).

It probably also depends on the context and whether "I hope he gets knob rot" is one of the better messages or one of the worst.

He may also have been on a warning already which could tip it over.

Terminator X

15,092 posts

204 months

Friday 12th April
quotequote all
Hondashark said:
He has screenshot of the comment and it shows the mobile number/name of the guy that said it?
Just deny it. No way it can be proven to be you or them.

TX.

Hondashark

Original Poster:

365 posts

30 months

Friday 12th April
quotequote all
Mr Penguin said:
If they have been there for less than two years then they can be dismissed for any reason that isn't a protected one (race, sex, union etc).

It probably also depends on the context and whether "I hope he gets knob rot" is one of the better messages or one of the worst.

He may also have been on a warning already which could tip it over.
Both over 2 years. I don't know about the first one warning wise but the second one isn't on anything.
The one that got suspended last night went like this, slightly different to what I remembered.

3rd person "fk em and hope they get knob rot" (this is talking about another random person not the top manager).
Guy that got suspended replied "gob rot from John's cock" ("John" being the top manager).

At the minute he only seems bothered when it's a personal attack, as nothing has happened to that 3rd person (although that 3rd person is only the level below the top manager and not a general dogs body like the rest of us).

Yes it's all a bit childish and yes this is a billion £ global company.

dudleybloke

19,841 posts

186 months

Friday 12th April
quotequote all
Demand trial by combat.

jasonrobertson86

510 posts

4 months

Saturday 13th April
quotequote all
Hondashark said:
Both over 2 years. I don't know about the first one warning wise but the second one isn't on anything.
The one that got suspended last night went like this, slightly different to what I remembered.

3rd person "fk em and hope they get knob rot" (this is talking about another random person not the top manager).
Guy that got suspended replied "gob rot from John's cock" ("John" being the top manager).

At the minute he only seems bothered when it's a personal attack, as nothing has happened to that 3rd person (although that 3rd person is only the level below the top manager and not a general dogs body like the rest of us).

Yes it's all a bit childish and yes this is a billion £ global company.
definite case id say

Tim Cognito

311 posts

7 months

Saturday 13th April
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This sounds interesting, who's the snitch?

Car bon

4,652 posts

64 months

Saturday 13th April
quotequote all
I'd be seeking legal advice. You don't have to like your manager, so depends exactly what was written....

_DJ_

4,895 posts

254 months

Saturday 13th April
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Were the comments made using a corporate mobile phone? Do the company have a policy on using WhatsApp? Were they made inside or outside of working hours.

WhatsApp is really difficult to police as an employer. I guess they probably haven't adequately covered themselves here, and this will be very difficult to enforce legally.

Forester1965

1,482 posts

3 months

Saturday 13th April
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Google 'Burchell test'.

Matt_E_Mulsion

1,693 posts

65 months

Saturday 13th April
quotequote all
Enough to sack the man or not, I dare bet his days would be numbered regardless.

Slagging off one of the top bosses will.never be a career enhancing move.

Jasandjules

69,913 posts

229 months

Saturday 13th April
quotequote all
Hondashark said:
My question, if it is one, is that enough for a sackable offence and not just a written warning? Feels like alot to go straight to sacking.
You noted one example, from that I presume there are multiple examples?

I presume they have deemed this Gross Misconduct? Rather than a dismissal following other issues/warnings etc on record?

Edited by Jasandjules on Saturday 13th April 12:05

Wills2

22,849 posts

175 months

Saturday 13th April
quotequote all

I'm sure we've all said choice things about a boss in our time and had those things said about us for that matter whether a boss or not, but you don't publish them, people are so stupid when it comes to this stuff.

Throw away comments should be just that not published, which is what they are doing whether they realise or not, I don't see what choice the boss has when faced with people doing this, the stupidity is enough never mind the insult or attempt to undermine.




dundarach

5,045 posts

228 months

Saturday 13th April
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I can't imagine calling your boss a cock to their face would be an instant dismissal, I'm calling either BS or much more going on.

The Rotrex Kid

30,313 posts

160 months

Saturday 13th April
quotequote all
Terminator X said:
Hondashark said:
He has screenshot of the comment and it shows the mobile number/name of the guy that said it?
Just deny it. No way it can be proven to be you or them.

TX.
If the person who sent the screenshots is still in the group, he could show the managment the whole group and the people in it, their mobile numbers/whatsapp profile images.

I don't think just 'deny everything' is going to cut it.

The real question is, is it a sackable offence? I don't think it would be where I work, dependent on what was actually written. General rule applies, if you wouldn't say it directly to them, don't write it down!

Hondashark

Original Poster:

365 posts

30 months

Saturday 13th April
quotequote all
Tim Cognito said:
This sounds interesting, who's the snitch?
That's what could be interesting depending how far it goes, I don't know if the top boss will have to reveal his source..

Hondashark

Original Poster:

365 posts

30 months

Saturday 13th April
quotequote all
Car bon said:
I'd be seeking legal advice. You don't have to like your manager, so depends exactly what was written....
Exactly what was written is in my post above. When they pulled him in a few nights ago it was just the screen shot of that they showed him and grilled him over and he just said no comment for the whole thing. They didn't allow him to get a union rep there, just 10 mins to find a witness to have in with him.