Suspended for Gross Misconduct. Meeting with Investigating officer tomorrow. HELP please

[goldie66]

Hi

I was called into a meeting 2 weeks ago and suspended from work with a 'charge' of gross misconduct. It relates to 'downloading/storing offensive material' and 'Dignity at work'. Yesterday I found out some of the specifics:

 

The downloading/storing relates to an joke email email sent to me by my sister (not an employee) last september which I must have inadvertently saved. There is an attachment of about 20 pictures which are European ads which aren't hardcore/racist or anything. I know that I did not intend to save it-I would have no reason to so it was an accident. IT policy was tightened up in November last year and I (like everyone else in the office) went on a deleting frenzy.

 

The Dignity at work relates to a member of my old team who emailed me on May 14 for advice as she was being bullied by her Manager (my old line manager). I was working elsewhere that week so responded to her email via my work blackberry. If I'd been in the office I would've called her to come and see me. The content of the emails from me to her is basically describing the manager as a 'bastard' 'the ****test' manager I have ever worked with. This manager bullied me and, had I not got a temp promotion and move I would have taken out a grievance procedure against her. I think my anger was more through guilt than anything else-I felt that if I had handled it properly then my colleague would not be in the position she is in.

 

The reason my emails came to light were because the manager must've asked that my colleague's computer usage be monitored (part of the victimisation campaign). Ordinarily I would've referred my colleague to HR but she had already done that and HR had told said manager which was the reason she was called into the meeting and accused of 'going behind their backs' and making them 'look like they didn't know what they were doing'.

My responding emails were supporting my colleague and were not nasty for the sake of it ie. I point out that I believe all HR enquiries should be confidential and I, as a manager would not feel undermined in the slightest by any HR enquiry made about my working practice.

 

I'm a civil servant and have check what constitutes Gross Misconduct and I can't see how what I've done does but then I'm assuming I'm missing something??

 

Advice please.

[Bigredbus]

Hi, and welcome to the CAG.

 

Is there anything contained in your Employee Handbook of Employment which could shed light on both charges?

 

What are the specific provisions, (a) regulating IT usage and (b) Dignity at work?

[goldie66]

Hi

Thanks for responding!

Having checked out the offensive material/IT code of conduct, it requires someone to find it offensive which is clearly not the case here. Normally this type of thing (which is fairly common in the office) would have been forwarded

and then a complaint would have to be made by a recipient. Obviously if it was something pornographic then the mere act of storage would be an offence.

 

In relation to the dignity at work the same applies. It would probably be classed as 'undermining a manager's authority' however the same 'dignity at work' conduct states that you MUST provide support to any colleague who is being bullied/harrassed etc.

[goldie66]

Just to add, can anyone come up with a good way to explain why I sent the email about my former manager? I'm really worried about it and was wondering if the truth would be enough ie the fact I had been bullied and going to HR wasn't an option for my colleague?

 

Thanks

[honeybee13]

Hi there and sorry to hear about your problems. Employment law is not really my field, but I just wondered idly about freedom of speech. Perhaps someone will know if you're entitled to an opinion?

 

From a lay perspective, it all sounds a bit one-sided.

 

What have you been told about the meeting tomorrow and are you taking someone with you? You have rights.

 

ACAS have a website that's worth checking, and a confidential helpline you could talk to. And the directgov website is very informative.

 

HB

[goldie66]

Hi HB

I've been told that there will be the Investigating Officer, a note taker and I will be represented by my TU. The IO will explain the charges and ask if I sent the emails, he will then ask me why. My rep is not allowed to speak during this meeting but I can ask for adjournments to consult with him if I get stuck.

 

I do take your point on 'free speech' and it is my belief that I am allowed to express an opinion. The point is that the emails I sent were in response to someone who was upset and I believed that they were completely private. Had I not been on the Heathrow Express at the time I would have called my colleague and discussed it that way.

 

When I worked under the offending manager she undermined and bullied me constantly, once she took the team I had immediate responsibility for into meetings and asked their opinion of me as a manager!! I think that is far worse than anything I've done?

 

I have, unfortunately, been caught up in someone else's witchunt and I'm just trying to come up with as many defence strategies as possible. My union rep is nice but I know he wont tell me what to say so hence my visit here!

 

Thanks

[honeybee13]

Hello again. If your union rep works with you, do you have the option of speaking to someone higher up the foodchain in the union? We see a lot of this, and it does beg the question what are the union for, to my simple mind.

 

Going back to freedom of speech and leaving aside swearing, because I don't know the answer to that part, you were telling the truth from what you say? I don't quite see what's wrong with that. Which sort of comes back to freedom of speech. I'm sure someone with facts as well as opinions will be along soon.

 

HB

[goldie66]

Thanks HB.

I was telling the truth about the manager and think the swearing could be explained by my frustration at the situation-all to do with myself and lack of action which has now clearly impacted on my colleague.

The union rep I have is the highest available. I think union reps are so worried about 'putting a foot wrong' that they are indeed pretty ineffectual unless they're talking about correct procedures being followed etc. I guess I just want someone to help with my argument and tell me the best line of defence.

 

I love my job, been there for 4 years and totally exemplary record. An hour before my suspension I had my end of year appraisal which was excellent and they extended my temp promotion-totally sick about this.

 

Thanks again-just 'talking' about it to someone is making it more bearable!

[honeybee13]

'The union rep I have is the highest available. I think union reps are so worried about 'putting a foot wrong' that they are indeed pretty ineffectual unless they're talking about correct procedures being followed etc. I guess I just want someone to help with my argument and tell me the best line of defence.'

 

That's my point really, who are you meant to turn to in times of need, if the people who are supposed to help and represent you go along with management?

 

HB

[goldie66]

I think that really is a problem! Had my colleague, or I for that matter, had any faith in the union or HR then the problems with the manager could have been dealt with a long time ago and avoided all this mess!

Thanks

G66

[honeybee13]

Hello again. It's a bummer, isn't it? What I was trying to ask, and I may be wrong, was whether there is an external part of the union with independent people, a branch or head office I suppose. Surely there aren't just people who work in the same place as you?

 

Is there a legal department, say?

 

It reminds me of when I did Russian studies 100 years ago, and they told us that the unions had nothing to do with work relations or safety, just organised the social life of the employees.

 

HB

[goldie66]

As a civil servant I'm a member of PCS-very large union but they just refer you to your local reps.

The union reps are not employed independently-they're just colleagues who are also reps. and I think that's where the difficulties are. In the current climate of job cuts in the public sector there seems to be a reluctance to put themselves in the firing line.

 

Thanks again HB

[honeybee13]

Hi goldie. In the absence of other information at the moment, I think I remember that unions have independent employees. I'm amazed that your PCS guys are unable to refer up the food chain.

 

Please keep us posted and good luck tomorrow. I'll be thinking of you. Take no rubbish.

 

HB x

[Sidewinder]

Just my two-pennorth, but I would prepare a catalogue of instances where you felt bullied or threatened when you were in that position - examples such as your colleagues being asked their opinion of you as a manager. I would use this as a defence - in effect a colleague asked for your advice because she felt completely let down by the HR department having tried to resolve the matter through the obvious channels. You felt similarly trapped when in her position, were on the verge of lodging a grievance yourself, but thankfully the promotion saved you from that experience so you have a certain sympathy having heard what your colleague is going through. The comments made were your opinion based on experience, and were not intended to undermine the manager concerned, but sympathetic to a colleagues position considering the stress that the manager caused you at the time. You perhaps regret the launguage used, but consider this fair in emotional circumstances, and the comments were not publicised to a wider audience.

 

Regarding the joke email, this was a one-off, you are fully aware of the IT policy and do not encourage people from outside the organisation to send email to you at work. You have asked your sister not to do so again, and have no knowledge of how or why it was saved, as you never intended to redistribute it, nor did you do so - in fact you had forgotten all about it.

 

You also need to stress what you have here. You love your job, take it very seriously and your appraisals have been exemplary, and you are genuinely horrified to find yourself in this position. Whilst it is certainly true that you have a history of resentment towards the manager concerned having (you feel) suffered what is tantamount to bullying (and regret the fact that you perhaps should have made an official complaint at the time but in the end moved away from her influence), you do not consider that your actions constitute Gross Misconduct.

 

Likewise I will keep my fingers crossed!

[goldie66]

Thanks for your advice Sidewinder and HB. I will keep you posted on developments.

[HadEnough]

Good luck for today, fingers crossed for you

[honeybee13]

Hi Goldie. Is there any news please? I'm running out of fingernails to chew.

 

HB x

[goldie66]

Hi

I had my meeting. My union rep was brilliant-feel a bit guilty for having prior lack of faith.

 

The 'offensive material' relates to a joke email with 20 pictures attached (this is the first time I've been given the opportunity to view it although it had been described to me before) was mild. It was mainly adds for Wallis clothing shop which featured pics of attractive women and men having various accidents around them such as driving into lamp posts while oggling the model with the slogan "WHY DO WOMEN LIVE LONGER THAN MEN". In one photo there was a topless woman on a moped which is the one deemed to be offensive. I checked IT policy and it describes offending emails as 'libellous, obscene, pornographic or nuisance'-obviously none of these apply to mine and I pointed out that many people in the office (about 500 staff) read The Sun newspaper which has topless women in it.

 

The next questions related to emails regarding my former manager and my use of the word 'bastards'. I had also called her a 'nasty lazy person'. I took sidewinder's advice and offered mitigating circumstances re previous bullying and cited instances. I pointed out that under the Dignity at Work legislation I am compelled to give support to any colleague who is being bullied which is what I believed I was doing and that this colleague has now taken out a grievance against the manager.

 

My colleague and another girl (also suspended) are due to be interviewed on Monday so nothing will be done until the investigation is completed. Both my colleagues are making very serious allegations against the manager so think my suspension could run on a while . . . . . . Their allegations involve the reporting of sexual harassment and indecent assault by a male colleague which were duly reported to the manager who did nothing. There is allegations of bullying and harassment against her and racist behaviour ie. there are 4 Asian colleagues out of a team of thirty and the manager makes them sit together despite a complaint being made and an alternative seating plan being suggested.

 

I'm relieved that today is over and also that the worst they could throw at me wasn't as bad as I'd imagined!

 

Does anyone think I could be dismissed for my actions??

 

Thanks

[Sidewinder]

 

Does anyone think I could be dismissed for my actions??

 

 

On the basis of what you have said, no. For the 'offensive' material, you have offered a perfectly reasonable defence, and I think they would find it difficult to match the action with the relevant clause in the IT policy, and once the allegations offered by the other staff are heard, what you have called the manager concerned will hopefully be seen for what it is - a sympathetic ear to a colleague who feels that she has nowhere else to go.

 

My guess is that a mild warning as to future conduct will suffice. No doubt the email incident would not be repeated, and you would take on board any criticism over using an inflammatory term to describe a manager to one of her subordinates (whatever the perceived circumstances) with suggestions as to how you might have better handled the matter.

 

Anything more than that and you would have ample grounds to appeal.

[honeybee13]

Hi Goldie. I agree with Sidewinder's analysis of this. You seem to have handled the meeting very well and used their suggestions to good effect.

 

From what you've set out, they would be extremely unreasonable to dismiss you and it would be interesting to see them try to justify it.

 

My best, HB

[goldie66]

Thanks HB, Sidewinder and HadEnough.

 

As a matter of interest regarding my suspended colleagues:

 

One of the girls, J, had been subjected to bullying by the manager. She had complained about unwanted sexual advances by a male colleague including a 'grope'. The manager said she would deal with it but didn't, despite complaints having been made about this man by other members of staff (male and female). J went to seek advice from HR who referred her back to her manager-J did not speak to the manager again as she already felt victimised and that it wouldn't do any good. The HR professional she spoke to is friends with the manager and J was suddenly under investigation. Her emails were monitored which brought my 'offences' to light.

 

Do these circumstances have any impact on the subsequent investigation?

 

If J was a 'whistleblower', does this give her any additional protection? She would not have been investigated had she not made enquiries regarding her grievances.

 

Any thoughts/observation?

Thanks

[honeybee13]

Hi goldie. From what you've said, I'm not sure if sexual harrassment come under whistle-blowing, but someone will. I'll go away and find some links to relevant organisations, which I may have to post separately thanks to my browser.

 

It's the pits when HR, who are meant to be impartial, but actually just back up management, refer you back to the person who caused the problem. I know.

 

I would say that's grievance material, but would welcome comments, as ever. I don't know exactly how it impacts on you, but it looks like a tangled web from where I am.

 

HB x

 

 

 

Back soon, HB x

[honeybee13]

This is a link to the ACAS website on bullying and harassment.

 

Acas - Advice leaflet - Bullying and harassment at work: Guidance for employees

 

HB x

[honeybee13]

And this is directgov on bullying.

 

Bullying in the workplace : Directgov - Employment

 

If you think it comes under bullying, and I think I would, then your employer has a duty of care, which is covered on the HSE [Health and Safety Executive] website.

 

Is that enough reading for now?

 

HB x

[goldie66]

Thanks again HB! ACAS (as usual) particularly helpful reading!

 

G66x