Help with a character reference

[Hedge]

Sacked on the spot implies gross misconduct which should be well defined in the contract of employment.

Other examples include chinning someone and turning up drunk, so to have done this they have taken the most severe form of action.

If I were the postie I would be checking all and any contractual documentation pertaining to gross misconduct.

[RedRobin]

Sacked on the spot implies gross misconduct which should be well defined in the contract of employment.

Other examples include chinning someone and turning up drunk, so to have done this they have taken the most severe form of action.

If I were the postie I would be checking all and any contractual documentation pertaining to gross misconduct.

....By going in the first instance to Citizens Advice Bureau and secondly to a specialist employment lawyer  

We don't actually know the full story and it is possible that this fine figure of a postie has another darker side to him. [OMG! Have I just said something racist?]

[Hedge]

That maybe Robin but we can only go on the facts as presented to us.

[VC]

its would be out of character for him to have a dark side imho, however for all i know he could have...

he's coming round tomorrow to collect the reference so will type one up later so will have a chat with him to see if i can fill in some blanks

[Ifti]

If that was my employer I'd turn and say "See you in fu*king court"! lol

I also dont think an employer can sack someone for swearing, unless there have been formal verbal and written warnings in the past. There is definately a case there.

[stealthwolf]

Very susupicious. Either he's been very naughty and this was the final straw, or else the PO have a watertight case. I can't imagine they'd fire someone just for that.

[RedRobin]

Very susupicious. Either he's been very naughty and this was the final straw, or else the PO have a watertight case. I can't imagine they'd fire someone just for that.

....My thinking too, which is why I suggested we don't know the full story (both sides of the issue). Nowadays an employer will check their legal position very carefully before taking such an action. Otherwise it can get very expensive and shareholders aren't pleased.

[ub7rm]

I've just come from a two day course on all aspects of hiring / reprimanding and eventually firing people.  It is a mine field and getting rid of someone is very very difficult.  In my company you cant have a disciplinary hearing without HR present and HR won't even entertain you unless you have paperwork in place demonstrating that you have had ongoing performance issues and informal discussions with the individual prior to even having the first disciplinary hearing.

If he was swearing AT someone that would easily be considered bullying / intimidation and could be grounds for instant dismissal as threatening behavior... but the individual circumstances would have to be fully understood and I would be uneasy about using that tool in those circumstances if the culture (it sounds like a pretty bad culture) allows it at present.

[BeezerDiesel]

VC, if you could find a bit more background info and maybe PM me, I'm very friendly with the local CWU reps and could get hold of the regional rep easily. I would like to hear what their slant is on this as I've never come accross such a case especially in this part of the world.
I know Royal Mail have had all sorts of issues with bullying and harrassment and spend their life brainwashing staff into being PC androids. However I know for a fact that it is a fairly male dominated workforce and that for many years most of the staff were ex-military and any new entrants were always asked at interview stage whether they could cope with a fairly 'colourful' work envoironment.
I would think someone who had years of service should be able to argue a very strong case that they were unwittingly using that sort of language because that's what they had more or less been brought up on.
I deal with fairly senior management every day that use very colourful language so would be happy to add my tuppence worth to the arguement as long as I didn't have to name names!!!