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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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A former employee is sacked . He then sends a private

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A former employee is sacked for racism. He then sends a private messenger message held in private to his former employer. The discussion was about a current employee that I made a comment about and used the words " if she speaks like that to me again she will be sucking on a straw" the comment was made in idle banter in private and was just a mtaphor. It was sent back on the 16/11/15 at 18.50hrs outside of work using my own mobile phone and Internet. No works equipment was used.
The ex employee did not because he was aggrieved about the statement but out of malice as he lost his job re his conduct towards me. He sent this to my employer in December 2015.
Whist I totally regret my comment and told the ex employee as I found out the person was in actual fact partially deaf he still sent this to my employer as he could use nothing else to discredit me as he and I were good friends and his act of racism came out of the blue.
I am black and he sent me a banana as a gift and Christmas which hurt me deeply and then decided to send me a messenger message at home abusing directly. Included in his message was a note to say all my colleagues were glad when I left the Christmas lunch and we're glad to see the back of me.
He then sent it to my manager stating he'd blocked me to prevent me from responding.
When I sent his message to my manager I had no idea he had already sent his message to me to her. I tried to send him a message to contact me when I received his message but couldn't find him on Facebook or messenger. In anger I wrote a post not using anyone's name of my companies name saying basically all you people who were talking about me behind my back not to chat shit behind my back come do it to my face.
When my manager responded I'd already left my post on Facebook. She stated she'd deal with the matter on the following Monday as this all happened over the weekend but I had already posted my message on Facebook.
My employers state I disregarded a request from my manager which is in true and my Union member has been made aware that the post on Facebook was prior to receiving her response.
I have never made any attempt to carry out the words used about my co worker as it was in response to the way she had previously spoken to me. And I was being lead on my a conversation with this co worker in private.
I would never harm anyone and had no intention to carry out the words used. it was a horrible statement to make and I truly regret it. The lady in question knows nothing about any of this and she and I have become good friends, and we do work well together and have done so to date.
I am having a disciplinary hearing today on the matter.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Hello my name is ***** ***** I am happy to help you today. How long have you worked for the employer for?
Customer: replied 2 years ago.
Sorry I'm waiting for a response in writing I've just paid
Ok thanks we can continue in writing the system just indicated to me that you would like the chance of a phone call, hence the offer. How long have you worked for the employer for?
Customer: replied 2 years ago.
2nd January 2016 was 2 years
Thank you have you been told you could be dismissed at this meeting today?
Customer: replied 2 years ago.
Yes the letter does state that but the union are hoping that they will give me a warning of some sort.
Ok thanks, ***** ***** raise a grievance to the employer regarding the racism you suffered in the work place (such as the banana incident?)
Customer: replied 2 years ago.
Yes I wrote a statement and I immediately went on leave the same day 14/12/15. On my return to work on the 31/12/15 he has already been dismissed
So when did you post the facebook comment?
Customer: replied 2 years ago.
At 21.21 hrs on the 12/12/15 my managers response came to me at 21.35 by which time I'd already made my post
so before you had written the grievance? What exactly did the post say?
Hello what did the facebook post say?
Customer: replied 2 years ago.
I'm just opening my face book page all you people who grinned in my face yesterday afternoon only to sit there and chat shit behind my back the moment I'd left since your all so rare bad come chat shit to my face. Don't write me shit messages via messenger ( this was meant for the employee) and then block me so I can't respond. About you were all so relieved when I left I don't owe any of you jack shit let me tell you. None of you pay my mortgage or feed my kids so don't chat me from behind come a front because I'm ready for you arse.Yes I'm sorry I was just really really angry at what he had written to me. I didn't include my location or anyone specific name as I don't know who actually said what I was just mad that he said everyone was against me for my reaction to the banana which they all laughed in the office despite me asking 3 times who had sent it to me !
So on what basis has your employer thought this was work related?
Customer: replied 2 years ago.
They are saying I used defamatory language to employees which I suppose I did in a private setting about my co worker but I didn't send any message to her this was a private conversation. And they are saying that I disregarded my managers message saying she would deal with the matter on Monday but they didn't check the time lines. The union advised me to send the customer service manager who is chairing the disciplinary a note to say I dispute the time line. They say because he gave them copies of our previous conversation about the co worker they have to consider it.
When did your manager tell you she would deal with the matter on Monday? Was it before you sent the message?
Customer: replied 2 years ago.
She sent me her message to me stating that at 21.35 after I had posted my message on face book at 21.21
Ok thanks, ***** ***** to dismiss you the employer needs to show that you have committed an act of gross misconduct and that it is reasonable in all of the circumstances for you to be dismissed for that act. In terms of the gross misconduct it is hard to see how this facebook message would bring your employer into disrepute as it is not (on the face of it ) possible to identify the employer from the message or that it had anything to do with your employment. The only other possible ground of gross misconduct would be if you acted in against a direct instruction not to be 'involved' as your employer was sorting it out. This does not appear to be the case from the 'timeline'. I would suggest that you say that you cannot see what act of gross misconduct has been committed for those reasons and that given the nature of the provocation it is not reasonable for the employer to take action against you in the circumstances.You can say that you would not do this again in the future now you know the employers response but you genuinely did not believe it was something that would get you into trouble. In the event you are dismissed you can appeal and claim unfair dismissal and also Race Discrimination on the grounds of the background to the case. It appears you are being treated very harshly and that the reason for that could be that you made the allegation of racism at work. If you have any further questions please ask. If I have answered your question I would be grateful if you would kindly take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
Thank you you have been excellent
No problem Viv I really do wish you all the best today. I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise paid by Just Answer for working on your question. Please do come back to me in the future if you need to and start your question For Jenny Only so no one else picks it up.
Hello Viv is there anything further as I need to go offline in a minute and I can see you have not yet rated my answer?
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Jenny you get 5 stars out of 5 Your service to me has been immeasurable. I wish I had spoken to you earlier. I am forever in your debt. The information has been priceless.Thank youMrs V Robinson
Customer: replied 2 years ago.
And I will come back to you again directly if I need to. I hope I don't have to but I feel now I have a stronger case.
Customer: replied 2 years ago.
For Jenny only
I was dismissed. I'm going to appeal it to clear my name but won't go back even if I win the appeal.
You should appeal on the basis that I mentioned. I am really sorry that this has happened.
Customer: replied 2 years ago.
I appreciate your help as I have been treated unfairly. They've used information in a private setting to dismiss me stating that the company has lost faith in me and they feel that the situation may occur again. It's ludicrous!! They've not looked at the case that I was being abused by this man at all and he has maliciously used a private message that he was an accomplice to, sent in out of context to harm me. They instead say that they have no confidence in me and dismissed me with immediate effect. 5 weeks pay and appeal within 10 days. I can't believe that as a victim of abuse I have been sacked along with him for something said in private months ago!
I agree you need to allege race discrimination as well as unfair dismissal.