Dismissal appeal

irishdoorsupervisor

Longterm Registered User
Hi all

Need some advice so thanks in advance. I have been employed as an Aviation agent since April 2011 at my local airport I was employed by G4S but we later in 2011 went in house. On the 21st of Jan I had my photo taken with a girl band member who is a local girl while i was having my photo taken we exchanged banter "I loved you in the spice girls, I thought you were Victoria" which she had laughed of and commented "that's a compliment" I later posted this photo with a caption on facebook the caption consisted of the banter that was exchanged.

The next morning I received a phone call by my line manager instructing me to remove the photo, which I agreed he then passed his phone to the HR manager who informed me of my suspension, I informed her I would be seeking advice and ended the call. I was called back within seconds by the line manager who instructed me to attend the airport ASAP for an investigation hearing which I did. At the hearing they asking me questions about my actions the evening before which I feel I give satisfactory answers to, they informed me that a family member of the person in question had complained to the airport. at this investigation stage statements were gathered from other staff on duty at the time.

A few days later I received a letter informing me of a date for my disciplinary hearing and outlined that I was suspended at the investigation meeting "untrue I was informed of my suspension over the phone" They were charging me with

* Use of a mobile phone in a restricted area;

* Causing offence to a passenger by posting comments regarding her and stating that you had a bet on with your colleagues to make fun of her;

* Posting a photograph onto a public medium, with no restrictions, whilst wearing your uniform;

* bringing the Company into disrepute.

I attended the hearing and was finally dismissed for Gross Misconduct "bring the company into disrepute" They couldn't charge me on taking photo in a restricted area as it is custom and practice throughout the airport to take photo's of celebs and posting them on facebook which I have evidence of which also management do plus my supervisor was present during this incident.

Causing offence to a passenger they could not charge me on because 1 the person in question is still to this date unaware of the facebook posting 2 the statements gathered during the investigation stage all states at no point was she uncomfortable with the situation and happily agreed to the photo and agreed that it was going on facebook.

Posting the photo on to a public medium with no restrictions was out of my control it was setting on facebook (Public)

Finally they dismissed me on bringing the company into disrepute

APPEAL

I appealed on the following grounds

1. I have been employed at the XXX airport since May 2011 Starting with G4S then transferring to XXX. I have not received a contract of employed nor have I signed XXX operations policies and procedures and I believe that no such policy had existed regarding public mediums before this incident. After being rewarded a 22 hour contract November 2012, the contract of employment to date is still outstanding

2. I believe that actions taken by XXX Airport to be unfair and no other options were given but dismissal given the fact that I removed the photo when asked, apologized to a family member and changed privacy setting on my Facebook account. Individual opinions posted below the Facebook posting is not that of mine and this was out of my control


3. I believe that the pervious Disciplinary hearing when I received a first written warning was unrelated to this incident above, I received this warning for swearing at a supervisor not for posting on Facebook (awaiting minutes and notes from HR) This was mentioned at this hearing dated 30/01/2012 and I believe this was bad practice on xxx behalf

4. A compliant was made by a third party and not the person in question i.e. XXX regarding the Facebook posting and to date XXX is unaware of this situation


5. I believe that I did not bring the company into disrepute as at no point on the Facebook posting was XXX Airport mentioned nor was there any signage stating that the photo was taken at the XXX airport nor was the logo clearly visible on the poor quality photo also given the fact that Blackpool, Exeter and XXX Airport share the same Logo and font also the fact that my ID Security pass was covered by my hand


6. At no point did I think taken a photo and posting it on to Facebook would result in dismissal as it is custom and practice throughout the airport to have photos taken with celebrities coming through the airport since I started employment at the XXX airport and also the fact that duty supervisors and management have also conducted in this behavior and at no point was I instructed that this would be classed as gross misconduct

7. At the hearing a bet was mentioned that I supposedly had between colleagues to make fun of XXX, it was clearly stated by my colleagues in their statements during the investigation that a bet did not take place that this was a figure of speech also stated in the statements was that at no point was XXX uncomfortable with the situation, conversation and had consented to having her photo taken

What do you think my chances will be winning this appeal

Thanks for your time, sorry for the long rant..

IDS
 
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irishdoorsupervisor

Longterm Registered User
Fbg

I agree. that was the first thing i mentioned during my investigation I held my hands up, to be dismissed is a tad to heavy handed.

IDS
 

operator144

Longterm Registered User
Winning - probably none whatsoever to be honest. If you did - how uncomfortable would life be at work?

If it were me personally trying to sack you - the fact that you posted the picture on facebook is the easiest way to get you. It may be in the small print of your contract - but as anything placed on FB becomes PROPERTY of facebook, you have done it without the companies permission. It is irrellevent that everyone else does it, you shouldn't.

You are quite right though that the evidence that you have about other members of the company doing it. Have you tried your Union Rep, Industrial tribunal advice? They will have the answers for you I do believe, as you are not the first, nor the last.
 

premier

Longterm Registered User
IDS,

Did you have more than 2 years continuous employment with the company ? (from going in house that is)
If not you don't have any employment rights (unless TUPE was followed, probably not in most cases)

That said, you were in the wrong in my opinion, Not for the interaction with the airport patron, but the taking of the photo and then to put it on facebook was madness, again in my opinion.
In your job discription I would bet posing for photographs isn't mentioned.

You mention a previous discipnary hearing / written warning for swearing at your supervisor.
Well "INSUBORDINATION" is grounds for dismissal in most cases.

Maybe your employer has taken it's discision based on history and the latest event, they may have used their discretion in the first instance and decided this time enough of an issue warranted dismissal.

Not a easy road ahead for you I fear, peole will be writing to xxx for references and "GROSS MISCONDUCT" is not good to see.

regards

premier
 

irishdoorsupervisor

Longterm Registered User
Thanks for your post

TUPE was followed. I agree my actions were madness and very unprofessional.

My only argument is, I have never seen or signed policy's procedures so I was unaware what is classed as Gross Misconduct. Judge as you all will I know the errors of my ways my only concern is now I am unemployed no income and close to losing my home.

Thanks for the replied.

Ids
 

larpy

Longterm Registered User
IDS

At least you have admitted that what you did was unprofessional, so many people these days get caught out using social media but I am afraid in your case common sense should of prevailed due to the sensitivity of your position within the airport. I would also say that your insubordination to your supervisor was leniently dealt with, may be you should of learnt by that mistake. I am not pre-judging you, but my advice would be to move on and salvage what you can. What's happened has happened, learn from it.
 

danny56o

Longterm Registered User
We don't all know the story behind the insobordination so maybe that was dealt with the way it was due to other factors. Let's not forget guys he was working in house as a security officer at the airport not in the army. And as for the dismissal as the others have said I would just move on cause even if you went and got your job back I would imagine they would look for other ways to make your working life there difficult.

Adapt and overcome
 

premier

Longterm Registered User
IDS,

I take my hat off to you pal, your big enough to take our criticism..
I hope you get something sorted soon.

Best of luck fella

regards

premier
 

Andy442

Longterm Registered User
I've said all along that Facebook is the root of all evil and causes nothing but misery to those who use it.
 

specialistk9

Longterm Registered User
if you TUPE'd over from g4s you are bound by the XXX airport policies and procedures as you were bound by them under g4s, when you Transfer of Undertakings and personell Employment your contract is the same, however under TUPE, you are again under probation to the airport, 3 months or six months depending on pay dates.
i.e. weekly = 3months, monthly = 6months.

because facebook is a public internet site you have brought the airport into the public eye without permission, under TUPE its instant dismissal.
 

ENJ1986

Longterm Registered User
Hmmmm.

I used to be an Airport Security Manager @ LCY for 18 months before going private. I think from a management point of view, I'd have to agree to getting rid of you sadly.

Having previous for swearing at a supervisor, even someone of the same level shows a huge level of unprofessionalism on your part mate and I see after that, you were probably put on the "shit list" to get rid.

Have you actually been fired? If you haven't, resign so when you go for your next job, make up some BS as to why you left. Better to lie than getting a reference back saying "sacked".

Live and learn.

All the best.
 

irishdoorsupervisor

Longterm Registered User
Ill not make excuses for my action I've been opened and honest from word go.

However this supervisor is the type of person who everyone has issues with "you do what I say not as I do" type of fella real bad attitude. Unfortunately on this day I did react to his usual attitude which I want to the hearing held my hands up without representation ad admitted the errors of my ways.

Thanks for your reply.
 

SA9819

Full Registered User
The use of the mobile was probably the nail in the coffin. It's banned for staff for specific (not telemetry but security) reasons and is in both legislation and company procedures.


Sent from my iPhone using Close Protection World
 

nippy

Longterm Registered User
IDS,

You are not the only person in the world to have done something daft. Police Officers are occasionally sacked due to fb and photographs sent by mobile telephones. Lord Archer was proved to be stupid, a liar and a cheat and went to prison. The Duke of Edinburgh used the term 'slanty eyed people' and was rightly castigated.

My advice is to put this behind you and look forward. The future and what you make of it is up to you. Do not keep referring to this set of circumstances, people in our game are not interested. What they are interested in is what you do, look like, your punctuality and basically what you can offer going forward. There's not one person on this site who hasn't done something daft in their lives, they may not have been caught though!

Good luck, I wish you all the best................................Nippy
 

irishdoorsupervisor

Longterm Registered User
Nippy thanks for the reply best advice I have ever been given. This was start of 2013 and worked out for the better as I won my tribunal thanks
 
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