gross misconduct charge

[diabolic]

After delaying their decision first for a week, then for another (Christmas pressure I assume, they say it was to consider all the circumstances sic) I finally got decision that I`m dismissed with 6 weeks notice. The charge was not misuse of the equipment, it was use of an "inappropriate, foul and abusive language" (the kind you hear in your offices everyday ;)). That`s for an update.

[Himaggen]

I take it that they haven't had you continue delivery work during the wait and throughout the notice period! It suggests that in their opinion the incident was not likely to re-occur.

Use that to your advantage in your appeal, along with this:

In order to legally show that you have used abusive language, the Employer will need to show that it has caused mental anguish to the recipient. Based upon the fact that this was not the spoken word and was not done in an arena where the pressure of an audience would exacerbate the anguish, I would suggest that the charge of 'abusive' would be dropped immediately. As far as I know there is no UK legal case where a single act of use of foul language, apart from that used in direct response to carry out a reasonable instruction, has ever been considered grounds for dismissal. The Employer would need to show that this was an act of behaviour, along with other evidence, which proved that they no longer had trust in you to continue in their employ.

Good luck with your case, I believe, with appropriate representation, you have a strong one.

[diabolic]

I was working all that time. I was sent home only today after finally reciving their decision with a letter. They allowed me to work from middle of October (wheni send the message) through November and December till today. In the letter manager said that he is afraid that this incident may reoccur hence the sack, but that didn't stop them to let me work over 2 months since message was sent.

[gluteus maximus]

"Cursing is an aggressive and hostile way of expressing oneself." You can get arrested under the Public Order Act if you swear in the street

In your favour the foul language was not directed at any one individual .The use of foul language by text does not necessarily remove it's power to offend, that includes the individual who received or witnessed the offending text. That is misconduct. it is absolutely inappropriate in the workplace under any circumstance. The issue with this is that the text contained sexual undertones (the f-word) at work. You took time to spell out the foul language as a text message, that shows you were in full control of your emotions (intent) and not a spur of the moment event. Every business has an internet policy as to communications, you have breached this so a disciplinary action is warranted.

[halfull]

After delaying their decision first for a week, then for another (Christmas pressure I assume, they say it was to consider all the circumstances sic) I finally got decision that I`m dismissed with 6 weeks notice. The charge was not misuse of the equipment, it was use of an "inappropriate, foul and abusive language" (the kind you hear in your offices everyday ;)). That`s for an update.

welcome to the new royal mail who are looking to sack people to make savings. be careful people.

[diabolic]

Every business has an internet policy as to communications, you have breached this so a disciplinary action is warranted.

Why this policy was not introduced to me when I got my pda training? Code of conduct booklet doesn't mention a single word about use of foul language. I know it may seem obvious but...

[gluteus maximus]

if you have not been shown and accepted the business internet policy in either the contract of employment or employee hand book, that is a perfect defence to the charges and grounds for appeal

[Himaggen]

The use of foul language by text does not necessarily remove it's power to offend, that includes the individual who received or witnessed the offending text. That is misconduct. it is absolutely inappropriate in the workplace under any circumstance. The issue with this is that the text contained sexual undertones (the f-word) at work. You took time to spell out the foul language as a text message, that shows you were in full control of your emotions (intent) and not a spur of the moment event. Every business has an internet policy as to communications, you have breached this so a disciplinary action is warranted.

gluteus maximus you sound like an arse

Now I said that only for effect and obviously to be clever, (honestly, I didn't mean it.). I knew I was typing it and technically it is worse than diabolic has been dismissed for because I've made it public.

We were all told as children the 'stick and stones...' phrase. Does any normal person honestly believe that an ill thought out comment directed at no individual, hurting noone, and not made publically deserves the punishment of a dismissal from employment, potentially triggering mental health problems, loss of home, relationship breakdown and who knows what else? The punishment should fit the offence and in this case whilst there is no denying that diablic has crossed a line, it is no worse than the opening line of this post and the punishment is a complete over reaction.

[derpderp]

I agree with Himaggen, The punishment is far to severe. I hope something turns up soon for you Diabolic.

[TrueBlueTerrier]

if you have not been shown and accepted the business internet policy in either the contract of employment or employee hand book, that is a perfect defence to the charges and grounds for appeal

Unfortunately they did send out a booklet to all employees called "Code of Business Standards" - https://www.myroyalmail.com/sites/defau ... ards_1.pdf" onclick="window.open(this.href);return false; and they'll probably use something within that to justify dismissal. Not saying its not an over reaction, it probably is, but didn't want to raise false hopes.

[hantsman]

Every business has an internet policy as to communications, you have breached this so a disciplinary action is warranted.

Why this policy was not introduced to me when I got my pda training? Code of conduct booklet doesn't mention a single word about use of foul language. I know it may seem obvious but...

were you a pain to your manager

[diabolic]

I was a cheeky bastard. All the way... They just look for an excuse to get rid of ridiculing element as well as save money.

[hantsman]

I was a cheeky bastard. All the way... They just look for an excuse to get rid of ridiculing element as well as save money.

That might have been your downfall TBH, not judging you by the way.


Go for the RM appeal but it appears its just to find out if you might win at an ET.

[IcanthelpthewayIam]

Every business has an internet policy as to communications, you have breached this so a disciplinary action is warranted.

Why this policy was not introduced to me when I got my pda training? Code of conduct booklet doesn't mention a single word about use of foul language. I know it may seem obvious but...

you will probably dind that the PDA training record you have signed will state something about acceptable use

[IcanthelpthewayIam]

In your favour the foul language was not directed at any one individual ./

unfortunately it was sent to one person who was fairly high up in the company, it was a general broadcast message sent to every pda user by this person, and the OP replied to the person with "f#ck you cu##s"

he probably didnt mean it to be directed at one person but thats exactly what happened