Gross Misconduct?

Author
Discussion

Hondashark

Original Poster:

412 posts

37 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

16,322 posts

211 months

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

TX.

Hondashark

Original Poster:

412 posts

37 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

1,090 posts

11 months

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

Mr Penguin

2,710 posts

46 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

16,322 posts

211 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:

412 posts

37 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

20,474 posts

193 months

Friday 12th April
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Demand trial by combat.

jasonrobertson86

1,090 posts

11 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

536 posts

14 months

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

Car bon

4,922 posts

71 months

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

_DJ_

4,962 posts

261 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

2,801 posts

10 months

Saturday 13th April
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Google 'Burchell test'.

Matt_E_Mulsion

1,713 posts

72 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

70,502 posts

236 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

24,383 posts

182 months

Saturday 13th April
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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

5,373 posts

235 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

31,666 posts

167 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:

412 posts

37 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:

412 posts

37 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.