Can they sack me?

HungryHippos said:
They can boot you out for really any reason at all though if you've not been there for long.
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yup, so make a scene. the company will want a nice easy way out of all this. op bending over backwards to accomodate a fat trouble maker and gutless hr will be the one getting shafted no matter what - might as well get his speak in now.
 
HungryHippos said:
she made a comment that made her feel like she could be taken advantage of
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When I first read it, the way OP has said he said "Well if that's the case" does make me wonder how it went down. If he's said "Don't worry, I'll take you" then it sounds rather different. It may have been an honest misunderstanding. But he also may have said "Well, if that's the case..." whilst winking and grabbing his crotch. We don't know. (I'm sure he didn't, I'm just saying, again maybe it's naivety but his response could have been phrased in a much safer way. "I'll do anything...", "Well if that's the case..." doesn't sound all that innocent a reply)
 
AndyCr15 said:
When I first read it, the way OP has said he said "Well if that's the case" does make me wonder how it went down. If he's said "Don't worry, I'll take you" then it sounds rather different. It may have been an honest misunderstanding. But he also may have said "Well, if that's the case..." whilst winking and grabbing his crotch. We don't know. (I'm sure he didn't, I'm just saying, again maybe it's naivety but his response could have been phrased in a much safer way. "I'll do anything...", "Well if that's the case..." doesn't sound all that innocent a reply)
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I suppose so, we weren't there though, and in that situation, it would be pretty common for there to be some "bants" in reply to such a comment, could be taken the wrong way.
 
If this conversation was not witnessed by anyone or recorded then surely the conversation with HR can just go like this:

HR: "Did you say X to your colleague Y?"

You: "No".

HR: "But...(stuff)"

You: "OK. Yeah still no."


Then I would presume that nothing would come of it? If they want to sack you for something that someone said you said, with no proof, they will be calling your bluff on an unfair dismissal claim.
 
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jaybee said:
Then I would presume that nothing would come of it? If they want to sack you for something that someone said you said, with no proof, they will be calling your bluff on an unfair dismissal claim.
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Aside the mention of him not being there long enough, also in the workplace it's not the same as legal proceedings. You don't need the actual solid, undeniable proof, you can act on your reasonable belief to close a contract. (Mind you, I feel like against what we see on the TV, this is kind of the same in most legal cases? Circumstantial evidence can be enough?)
 
Yep the woman is a grade A ****, seems she just doesn't like you for whatever reason.

The fact you have only been there 3 months so they can just let you go is even more reason to play hard ball.

I'm surprised you seemed to just accept everything you were told she said. Should have denied the conversations ever even happened and flip it to her now making false accusations. Gotta fight fire with fire.
 
89wy89 said:
Looking at my own role in my (potential) demise I would say that the lesson to be learned is not to get involved in conversations around sensitive topics with people you don't know well / in a work setting - even if they start the conversation. Also note that young people - I would say people in their 20s - can be more sensitive than I give them credit for. Finally - any comment that includes potential sexual references, no matter how innocuous they may seem, can be flipped and used against you.

Stick to that as a guideline and do your job well and you should be okay. Lesson learned.

Shame but you live and learn.
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Also never offer them a lift home no matter the circumstances, it's just asking for trouble.

It's her job, she knows the hours she gotta work, if she can't get herself home then that's her problem.

Unfortunately it's bad eggs like this individual who make an innocent gesture become untenable.
 
jaybee said:
Yeah of course, if he has not passed probation then much easier for them.
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Probation provides no legal protection at all - all it normally does is increase the notice period for both sides. They can still terminate his contract and provide no reason at all, they just have to pay notice and monies owned.
 
Hey, I posted this earlier today but it got stuck somewhere back there and I couldn't bump it up to the top of the thread, and reached the maximum posts allowed for a newbie so was stuck in the dark for most of the day. But this is what I posted earlier:

''Over the autumn I attended 6 interviews for care jobs and was successful in each one. The job I took seemed the best fit at the time (and in terms of shift-pattern and location it still is, but hey-ho). So this morning I started by contacting the other 5 and asking if they still had vacancies and if so would I need to go through the whole Disclosure / interview / training thing all over again or could I be fast-tracked. Two of them have responded: one of them offering a follow-up interview on Friday and another accepting my interview from last year and arranging a training session next Monday. So Already I have two promising options.

The thought of going back to my job after all of this is kind of daunting. I know what staff rooms are like when people (usually women but don't tell anyone I said that - I don't want to get cancelled twice in one weekend) get together and there's a tasty new story involving a colleague. Hopefully I can get a start at one of these jobs within a week or so. Put it down to experience.

I think after this message I'll have reached my maximum posts for new members for 24 hours or so but rest-assured I'll be applying for jobs and will check back in whenever I hear back from my job with the verdict.''

So there is hope going forward. Either way, I'll post tomorrow when I get the call and let you know what is said. Cheers, guys. This has been a huge help finding this forum this weekend and hearing from all you guys.
 
89wy89 said:
He's going to write up my comments and then it's being passed up to HR and they will get back to me before my next shift is set to start on Wednesday morning.
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Did they manage to do this or have they left you hanging?

89wy89 said:
So Already I have two promising options.

So there is hope going forward. Either way, I'll post tomorrow when I get the call and let you know what is said. Cheers, guys. This has been a huge help finding this forum this weekend and hearing from all you guys.
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I think at this stage, the alternatives are probably going to be best for the future, hopefully things will work out better for you elsewhere - a bit more time to be spent scoping out the 'likely' colleagues before getting too involved next time!
 
Any rational HR department (possibly an oxymoron) will look at this and shake their head. Employees that make these sorts of complaints usually have a history of complaining.

I personally got caught up in a bullying complaint as a witness by someone who’s missus was in HR and I suspect may have egged them on. Essentially his boss told him how to do his job which kinda sounds like bullying, but the reality was he had to deliver a job and was going off at a tangent so his boss had to reign him in.

I’ve also been accused of something that was completely false and I believe was vindictive.

In both instances HR actually investigated the complainer and in my case, the person I believe made the complaint left the company shortly after.
 
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