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    Gross Misconduct

    Just need some clarification here - using the following example.

    Takes place in a supermarket, work clleagues working on a night shift. Incident takes place at approximately 2am, shops is closed for business and only 4/5 people are working in the building. Two workers have a row, raised voices, swearing and one worker pushes the other (as in a nudge), and thats the end of it. The other workers don't see this but can hear it.

    The two workers have been suspended upon full investigation, under gross misconduct. If one of them gets the sack, should the other one too? Is this even a sackable offence?

    18 Comments

    Yep!!!

    yes it is, gross misconduct

    any form of physical conduct can result in the sack for gross misconduct no matter how small

    Banned

    It should be treated as gross misconduct but if you work where I last worked.

    It would be ignored, reason I left to be honest.

    Your body is your own. No-one should be allowed to lay a hand on you without your permission. Even behaving in a threatening manner within personal space ( within a foot or two of your body ) is unacceptable. That's in addition to all the swearing and raised voices. They will have to investigate it fully x x

    Original Poster

    How do they prove it if its one word against another? Both sacked? Both given a final warning? Both have a clean record and have been there years....

    mcscoobs;4544018

    How do they prove it if its one word against another? Both sacked? Both … How do they prove it if its one word against another? Both sacked? Both given a final warning? Both have a clean record and have been there years....


    The employer doesn't have to proove anything, just have belief that the employee was guilty after conducting a full investigation.

    As stated above, the employers would require proof of the incident such as cctv footage, otherwise it is just hearsay.

    If the employee gets dismissed they would just claim unfair dismissal lol and reap in the £'s

    an ear witness is an eye witness though I think?

    Banned

    ClarityofMind;4544146

    an ear witness is an eye witness though I think?



    contradiction isn't it, how can they see the punch? they could both claim they hit a wall.

    Original Poster

    and if the employers have no cctv footage...? Still likely to get the boot?

    Original Poster

    lumoruk;4544169

    contradiction isn't it, how can they see the punch? they could both claim … contradiction isn't it, how can they see the punch? they could both claim they hit a wall.




    Good point! Although no punches were thrown in this instance....

    mcscoobs;4544172

    and if the employers have no cctv footage...? Still likely to get the … and if the employers have no cctv footage...? Still likely to get the boot?



    no

    Original Poster

    So its all dependent on if theres cctv footage? I know that of the 2 people involved, the co-workers really don't like one of them and get on very well with the other, so that may have some positive swing to it (a good thing in this instance!)

    a few people on nightshift in the asda I work in have been sacked for fairly similar incidents but all are on cctv-it runs even when the store is closed-some of these have been what some might call minor scuffles but employers have to take such things very,very seriously and any laying of hands on another colleague will result in a sacking -certainly asdas way of doing things.

    CCTV would support it - otherwise if the 'nudge' was denied its one word against the other.

    With regards to the altercation if people submit statements saying one persons language was worse than the others then that it reason to believe that he behaved worse and that could be worse.

    Failing that I'd say its final written warning for use of offensive language etc.. if a employee admitted any physical contact it would be dismissal - gross misconduct

    Should be made to mud wrestle for their jobs imo

    raising their voices alone could be classed as threatening behaviour, which is reason enough to be fired for gross misconduct.

    so yes they can both be fired regardless.
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