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Suspended for Swearing - ?!!!

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buffymad | 20:56 Thu 19th May 2011 | Law
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Hi,my husband works for an animal refuge shelter. There's all sorts going on at the moment, its all up in arms because of the management and they seem to get rid of people for no apparent reason. They employ lots of managers who then don't have authority to do anything and not enough kennel hands. It seems to be the case that they don't like being questioned about anything, even if its in the best interests of t.he animals. Once you open your mouth, your card is marked (I kid you not). Thats the background (short version!).
Today my husband was told that a dog he'd been working with to bring round (she'd had a bad start to life) was being transferred to the other site. Because the animal welfare person there doesn't have a clue and simply isn't bothered, he knows she won't get any help there and will simply be put to sleep. So on finding this out he was obviously annoyed and upset. He swore out loud (something like "I'm f**king out of here") and that was that. It then turns out there was a member of public nearby with one of the so called managers and the manager had heard my hubby swear. Don't know if the member of public did or was even bothered. By the way the public isn't allowed in until after lunch so there'd be no reason for hubby to think anyone was about apart from staff. A little bit later he gets told he's gonna get a disciplinary because of the swearing (he was swearing out loud, not actually at anybody). And then not long after that he gets told he's being suspended because of it and not to come back to work and to expect a letter! He left at that point, totally astounded and bemused.
He's never had any grievance problems before, he keeps his head down and gets the work done. He's never had a day off sick in the 3 years he's been there. He doesn't even take all of his holidays (they just disappear into the ether).
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I think you have to focus on the one issue, his swearing and subsequent suspension. Everything else that you've mentioned is irrelevant to this - sick days, holidays etc etc (it may be important but as a separate issue and I wouldn't even bring it all up at the moment).

Swearing at work, especially the use of the F word, would, in most cases, be regarded very seriously, probably gross misconduct. Given that it was done in front of a member of the public (the time of day and whether the person was apparently bothered or not is largely irrelevant) makes it worse.

I would have thought, in the circumstances, they have done the right thing by suspending him while it's investigated.

In different circumstances, for example if he had been bitten by an animal, and had sworn due to that then I think it would be regarded slightly differently, but to swear at another member of staff (a manager?) in front of a member of the public would be considered completely out of order.

If these are the facts of the case, leaving aside all the other issues, then I would suspect that, as a minimum, he would be given a warning as to his future behaviour. It could, however, result in dismissal as many organisations would regard it as gross misconduct.
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Twenty20 - he didn't swear AT someone, he basically swore out loud after being told about the dog he'd been working with. He obviously didn't know there was a member of public there as (1) his back was turned and (2) they generally make a big issue about no public being allowed in until such and such a time.

He's sinced received his letter (very quickly), got called in for a hearing on the Saturday (which took all of 5 mins), explained his case etc and was told he'd get a letter to let him know the outcome. Then they asked him to go back to work that afternoon (which he did and the next day too).

Since then he's found the "handbook" which is all over the place too. It classes bad language (doesn't state who at, just bad language in general) to be either unsatisfactory or misconduct. It doesn't appear under serious or gross misconduct. But then on another page it gives you the outcomes depending on what you've done and if this was your first offence etc. So it says unsatisfactory is verbal warning, misconduct is written warning and serious misconduct is final written warning. Well how do you work that out as bad language is grouped under the first two headings - so how can you decide which action to take? And in his letter it actually said serious misconduct which would mean he'd get a final written warning. But then that doesn't tie in with their handbook procedures and policies!!

If he does get a final written warning should he appeal against it? Seems a bit harsh and even more so given the handbook isn't making sense!

And to tell you how bad the place is - 2 others have walked out. One was ranted and raved at (including swearing) from a manager. Should the manager have a warning herself in that case? Ha ha!!

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