Before replying to your query you need to to specify as to who where this incident happened, in India or UK?
Hello, I need some advice regarding an incident that occurred at work. It has been reported that I kissed a guard in the back galley, by a crew member however I do not know which one. This kiss happened but was briefly and stopped. I denied it to work as a panicked. I wasn’t sure if this was a case of gross misconduct and an instant sackable offence. Or wether it doesn’t warrant gross misconduct and could just see a warning of some description. I shouldn’t have lied but I panicked and ended up denying it. I can’t imagine who on my crew would grass as we was all supposed to be friends so this really hurts, a lot worse goes on with the guards at work but no one knows and suddenly there is a report about me. I shouldnt have denied it but I panicked and I didn’t know what else to do or say :(
Before replying to your query you need to to specify as to who where this incident happened, in India or UK?
See firstly this is concerned to laws of UK , secondly if kiss happened with a consent then there is no misconduct, also the guard has not reported same so in this circumstances no action as such can be taken against you it shall be more kind of warning given.
Uk
Further are there any criminal charges or any action at this moment or any statement of the guard recorded.
Yes he kissed me. He was comforting me as I was upset about stuff going in my family life. I know work don’t like customer client relationships but it was just a stupid mistake on a night flight, no one was supposed to see and no one was supposed to know. It wasn’t meant to hurt anyone, it just kinda happened and then someone saw and reported me, instead of telling me on the plane. The guard won’t be approached by my work as he works for a different company
Forget and avoid such incidents in future and keep it private. IF no CCTV records than deny straight. More ever he kissed you not you. So you are not culprit but may be abettor.
You would not loose your job
2) it was just a warning not to do such acts in future
3) in future be careful and don’t repeat such act
See this is no grave misconduct no strict action for same can be taken against you, as this is no offence. Further there is no evidence of same other then person who show you so you can deny same and there won't be any action.
Work don’t like us forming relationships with clients but sometimes these things happen, and it was something stupid and silly. But these things happen. Oh don’t worry,I will deffo avoid these kinda things in the future. Work have let me carry on working, the incident was 5 weeks ago, got called in for a meeting on the 1st April. But you don’t see it as gross miconduct? My biggest fear is losing my job
Do they have any evidence against you, like video recording?
If they do, they would initiate disciplinary action against you as no employees are allowed to mingle with the clients and have any sort of physical intimacy with them at all. If the said charges are proved, at most, you'll be terminated.
No criminal action is possible.
You are not lose your job until and unless they have irrefutable evidence to establish that the said incident ever happened. Without that, you would not be terminated as you have clean denied everything
There is no cctv or hard evidence, just the statement or statements from whoever reported me. When I was called in it was 1 statement but I don’t know who else may have seen
Without evidence, chances of losing the job are meagre.
Your employer can also confirm with the client who kissed you, and if he also denies, the issue would be over for good. Though, the chances of them contacting the client are also very less and is not going to happen in all likelihood.
Even if there is more than 1? So I’m probably looking at a telling off and a warning?
See if there is no hard evidence of same then there is no concrete evidence you cannot be removed from the job.
At best, since you have admitted this, give your employer an unconditional apology that you will not repeat this act in future.
The statement of guard has not been recorded
since it was a mere kiss you would be left off with a warning
NO way, just deny straight if any such thing happened, and if they have proof than apologize. If it was taken as major misconduct, immediate action would have taken.
Certainly this amount to obscenity but in UK no big thing.
Possibly whoever reported might recorded it, so better find out if they have any cogent evidence than only regret otherwise first demand proof of any such incident than and sincerely apology.
Don`t give anything in written.
An incident happened for which there is no proof and the reprimand and the complaint is based upon an oral testimony of one of your colleagues. You should have denied the incident. But as you have accepted it then too you can apologize and they will not charge you. To dismiss you there should be a grave matter.
Regards
Worst case if there is more than 1? I’m such a worrier about it. I think it will be a warning. I have 4 years clean record at work and am a hard worker etc.
See even if there is more then one you can allege that they are conspiring against you and they have no strict proof of same, it would be warning only as there is no ground to remove you from job.
Legally speaking The main issue is not whether there were multiple persons whom you kissed...the issue is was there enough evidence to implicate you. It seems the evidence is based upon some colleagues. That is not of much importance.
Even if they believe the version of your colleagues it would be a warning.
Regards
Yeah it’s the legal implications I’m worried about. I have no current warnings or anything at work at the moment, and I know it was silly but I really don’t want to be dismissed. It’s good to know legally they can’t. Unless a crew member whipped out their phone and filmed it (which I doubt) there is no evidence, and when they spoke to me initially they said a report had come in, Long as my job is safe, I am happy. I won’t be doing it a again that’s for sure
Nothing will happen to your job it's safe there in no strong reason for with them to dismiss you from service.
Yeah that is right. You dont have to worry. Kindly go through the contract too...just in case. Also they can't risk a lawsuit based upon such an incident when the only evidence they have is based upon the testimony of some colleague who are bent bent upon malign ing your image out of jealousy.
Regards
Even if there are more than one witnesses, documentary evidence would be required as false statements can also be given in case of any malice too.
Just do not repeat this behaviour in future. Having admitted the act, no point denying the incident. At best, give them an unconditional apology that you will govern your behaviour strictly in accordance with the work place rules and regulations.
I don't quite see how something completely personal can be sought to be reported as a misconduct at work
It is nobody's case and perhaps even of the complainant that there was any default by you at work or you are liable for dereliction of your work duties
If a person happens to kiss someone which is completely personal and accidentally seen by someone and then reported, how can that by any stretch of imagination be taken and complained of a misconduct at work
Considering your track record, you may be given a warning but then too I don't see that as a professional misconduct
Its not that the guard complained against you or that he has any grievances against you for your actions
Its completely personal and nobody's business
So you all agree under Uk law, that I won’t get sacked but maybe a warning?
you would get a warning and would not be sacked as there is no evidence against you
. we are not familiar with UK law
Yea. That's the most that can happen in all likelihood, but companies NOT function like courts, so time will only tell.
As far as I’m aware, the evidence they have will be witness statements. I have only been called in for informal chat about it but I know others from the day have been called in. There was no disruption caused at work, it was 5 weeks ago. I have 4 years and no warnings or anything previous. I don’t think it’s gross misconduct but I am so worried, that I could face the sack. I can handle a bollocking, but I really can’t be sacked.
It is not gross misconduct and you won't be sacked rest assured. Further keep in your mind don't accept anything in writing if asked to.
It is actually a gross misconduct but since they do not have any evidence, e chances are that they will let it slide after giving a fair warning.
Now stay calm, nothing will happen, your 4 years impeccable conduct at work place shall also be taken in consideration.
You cannot be sacked unless specific charges are brought against you and a charge sheet has been handed to you and based upon that a show cause notice has been served upon you.
If they are not satisfied with your reply they can sack you.
This is the process adopted generally which has not been adopted.
Also it is not a very big incident wherein without any proceedings you may be forced to tender in your resignation.
The incident what took place would be dealt with as per the rules and the regulations in this regard for the conduct of employees, hence you may await the action by the authorities because without knowing the rules of yor company, no opinion can be rendered.
Whether you were involved with this crime or you have been subjected to this crime?
Be clear in what you want to say and clarify.
If the authorities take it as serious misconduct then there is a danger of losing the job also, however if pleaded guilty and sought apologies, then there are chances for admonition, it depends on the officer who would try this case.
Without knowing who are behind this serious misconduct, you cannot predict what can happen and who will stand as a witness to go against you, hence take cautious steps.
Worst case is that they may consider termination for the misconduct, however pleading guilty and rendering apologies, considering the clean background in the work atmosphere, they may let you out with a minor punishment and warning.
Until and unless you have not confirmed what evidence they have against you, it canot be ascertained that what case will be filed against you and what would be the consequences, however if you are confident that there can be no evidence against you then you may still exercise abundant caution while dealing with this situation.
If the offence is considered as minor and first time, then the discretion of the authorities would play a major role, however you may apologise if confronted with the guilty. This may help you to ensure a let off with minor punishment or a warning.
Nothing can be predicted about the action that the authorities decided to unleash against the offender, however to not to discourage you, better approach positively and await a positive action
The authorities are not involved in any way, it’s just a colleague at work has reported me. That’s all. No police or authorities
See even otherwise there is no provision in law that restrict you from doing this or it is not illegal to kiss so authorities cannot be involved and don't panic there wont be any action.
I taking it seriously as I do not want to be sacked. I made a mistake, I love my job and don’t want to lose it
Then how do you think that there will be a departmental action against you if it is not brought to the knowledge of the authorities concerned?
You may clarify from your own sources about it.
The best way is to surrender and apologize yourself for the mistakes that occurred beyond your control and try to secure your job.
Ah i assumed you was calling people like the police authorities. I was called in for an informal chat with my boss which is how i know its been reported. I was going to apologise and show remorse as i genuinely am remorseful and sorry. Just didnt want to be sacked or dismissed. I dont think its gross misconduct. However i am aware its misconduct
See you don't have to accept and give apology or anything in written for same. In future they can use same just deny and try talking it out,
1) you are not guilty of gross misconduct
2) no disciplinary action would be taken against you
3) you would be just given a warning
I dont care about criminal charges as i know there wont be any. I dont want it to be gross misconduct and warrant dismissal.
I dont think they would categorise it as gross misconduct on the basis of the testimony of a colleague.
Dismissal is not something that can be done so easily. If they haven't called you and informed you then unless they give something in writing they will not take such a drastic step.
If you are aware of your misconduct and strongly feel that you may even be sacked for this, then you may have to exercise abundant caution while giving replies in their inquiry session so that it do not turn adverse on you.
If you want the case to be dismissed even if the charges for misconduct have been proved, then you may have to work for it in the manner which would facilitate you to achieve the target accordingly .
It is misconduct, only when proved against you.
Just a statement of your colleague will not result in termination.
You do not have to confess everything in writing as that would surely result in termination.
It is better to keep mum about this incident.
This is not a fit case for police authorities to be involved as it is not a penal offence under any circumstances.