• Incident at work

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 :(
Asked 6 years ago in Business Law

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81 Answers

Before replying to your query you need to to specify as to who where this incident happened, in India or UK?

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further are there any criminal charges or any action at this moment or any statement of the guard recorded.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Single incident with brief session will be settle by waning but guard may loose job.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You are not be terminated just on the basis of statements of someone.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

1. You won't lose job just based on this complaint you can deny the allegations you can deny same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Play it down, you should not be sacked for this.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See if there is no hard evidence of same then there is no concrete evidence you cannot be removed from the job.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you would not lose your job 

 

2) it does not amount to gross misconduct 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

At best, since you have admitted this, give your employer an unconditional apology that you will not repeat this act in future. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There is no evidence that you kissed the guy 

 

no CCTV footage 

 

you would not lose your job 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Yes there would be a warning only as this cannot be ground from removing from services. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

you would at most get a warning 

 

don’t be afraid and move on in life 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

The statement of guard has not been recorded 

 

since it was a mere kiss you would be left off with a warning 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

In absence of any documentary evidence, nothing would happen.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No need to worry,  its just a warning don't repeat once again. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Nothing will happen to your job it's safe there in no strong reason for with them to dismiss you from service.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Nothing to worry no case is made out in this incident

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Since you ha ve good track record you would  not lose your job 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Best of luck . You will not loose your job 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

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. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Relax, hopefully you will come out clean and safe.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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 

Yusuf Rampurawala
Advocate, Mumbai
7903 Answers
79 Consultations

you would get a warning and would not be sacked as there is no evidence against you

 

. we are not familiar with UK law 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Yea. That's the most that can happen in all likelihood, but companies NOT function like courts, so time will only tell.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Were you served any show cause notice by the company?

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Yes you won't be sacked in case managment takes wrong decision same can be challanged.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If your act was disruption at work than you may be sacked but no in present situation.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you would not be sacked as you merely kissed the guy .

 

you would be let off with a warning 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

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.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Now stay calm, nothing will happen, your 4 years impeccable conduct at work place shall also be taken in consideration.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Nothing that worry in your case

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Also it is not a very big incident wherein without any proceedings you may be forced to tender in your resignation.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Issue is not serious be cool and take it easy. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

You can do it based on the circumstances prevailing at that end during the inquiry session.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You don’t need to worry . Just relax 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Then why are you taking seriously be cool. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

You need to just relax

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

Yes I can understand you concern Mam but this mistake won't cost you your job.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you would not lose your job . 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

The best way is to surrender and apologize yourself for the mistakes that occurred beyond your control and try to secure your job.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

If you accept anything in writing they take action against you for misconduct

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

This is not a criminal offense that police will involve.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Stop bothering, Neither it is gross misconduct.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

It does not amount to gross misconduct and would not result in dismissal from service 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

I dont think they would categorise it as gross misconduct on the basis of the testimony of a colleague.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There will be no such dismissal till you admit the same on record

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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 .

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

See it is neither gross conduct nor it shall warrant dismissal from job. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is misconduct, only when proved against you.

Just a statement of your colleague will not result in termination.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

This is not a fit case for police authorities to be involved as it is not a penal offence under any circumstances.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

It does not amount to gross misconduct and you would not be terminated.

At most, you'll given a warning.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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