Question
Q – “Has anyone been suspended following an investigation into gross misconduct (inappropriate language use in the staff room) and actually won their case?”
Answers
A – “The follower has asked us to add; “I’ve been suspended and waiting to hear the evidence.”
A – “No, this sounds like a rare cases it would depend on the language used. If it was racial then suspension would be expected. Vulgar or a slip of the tongue a warning would be expected but if it was reoccurring or if they merely wanted an excuse to dismiss you then I would then expect suspension.”
A – “Staff room banter usually has a few obscenities, unless it’s aimed at someone else or was racist it seems OTT to claim GM. Gross misconduct in my setting would be willfully harming a child (smacking or similar) striking a colleague /parent, inappropriate language to a parent or colleague whilst anywhere but staff areas, turning up to work ‘worse for wear’ i.e still drunk from the night before! The list is obv non exhaustive as you can’t think of everything. Maybe ‘unsatisfactory conduct’ would be more appropriate but maybe your manager wants to see you gone and they’re using this as a way? No offence, I have no idea but it would be easier to get rid of someone for gross misconduct than anything else.”
A – “If in staff room away from kids then I don’t understand how there’s a case unless it was aimed at another member of staff”
A – “Gosh if they are professional it shouldn’t happen”
A – “Do you mean suspended pending investigation or suspended as an outcome to the investigation??”
A – “I’m sorry to hear this”
A – “Pragmatically, I think your best chance in any circumstance is to be very, very apologetic at your disciplinary hearing & put forward reasons why your behaviour and practice is otherwise good. Depending on the facts, once your input has been properly considered you might hope to get a Final Warning as a sanction short of dismissal – and remember that you have a statutory right to Appeal the outcome, whatever that might be. ACAS can give free, specific advice: 0300 123 1100.”