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Original poster

Suspended from work for gross misconduct

183 replies

Sam1993 · 23/04/2018 14:06

Hi all, I need some advice ASAP as I am really stressing out here
In a nutshell, I’ve recently been suspended from work for gross misconduct (call avoidance) however I’m also 17 weeks pregnant... I know it was ridiculously silly of me to become so complacent at work but due to ill health I really did just let it all get on top of me. It’s no excuse but I genuinely had no idea how far it had gone until I was called in for a meeting to be told I’m being suspended!
I’ve got an interview this week to see facts/figures so I’ll know better then, but if anyone can please advise in the meantime I’d thoroughly appreciate it x

OP posts:
Morsecode · 23/04/2018 19:16

They will take mitigation into account only if they have other signs that you are completely committed to your job and have been through unfortunate circumstances during the period under review.

expatinscotland · 23/04/2018 19:19

But surely you know you were avoiding calls and for how long, even before you were pulled up on it.

Original poster
Sam1993 · 23/04/2018 19:23

I’m saying I didn’t know it was anywhere on this scale prior to being pulled up on it, what felt like the odd occasion here or there was obviously a lot more than that but I genuinely didn’t realise how bad it was before this.

OP posts:
bearbehind · 23/04/2018 19:35

OP, if you go into this meeting saying things like you have been on here I wouldn't hold out much hope.

You must know how often you've had your headset off.

You need to admit to yourself first.

You know what you were and weren't doing.

If you go in saying you didn't realise it was a problem you're signing your own P45.

Rach5l · 23/04/2018 19:43

Can you work it out - how many calls do you make a day now vs 6 months ago?

What would you do if it was your business?

Morsecode · 23/04/2018 19:43

The thing with saying you didn't know it would be on this scale would make you seem as if you always intended to sneak a few unattended calls here and there and get away with it.

And no, I do not agree that you have to know how often you have had your headset off. That's for them to put forward.

I would take the couple of very comprehensive pieces of advice you have been given by PPs above.

bearbehind · 23/04/2018 19:47

And no, I do not agree that you have to know how often you have had your headset off. That's for them to put forward.

Yes, the employers needs to put that information forward but the OP needs to know roughly the extent of the call avoidance in order to put up a defence or to get advice on what might happen next.

Morsecode · 23/04/2018 19:47

Posts I deem you can start working with are those of mydietstartsmonday, Vangoghsear, daisychain01, Aridane.

Kardashianlove · 23/04/2018 19:58

So were you deliberately taking your headset off to avoid answering calls?

You really need to be honest and factual as you’re coming across as quite defensive and difficult to get information from.
If you can clearly explain how the system works in your workplace and what you have been doing, roughly how frequently (every day?) and why, you will get some good advice on how best to proceed.

TittyGolightly · 23/04/2018 21:10

Ex call centre manager and now HR professional here.

It’s probably gross misconduct for bringing the company into disrepute - silent calls to customers. There may be mitigation if it happened during the phased return, but long term, probably not. Unlikely any pregnancy discrimination claim would stick either if they’re investigating others for it as well.

greenlavender · 23/04/2018 21:55

Gross misconduct can be applied to bringing the workplace into disrepute. Making silent calls is very very damaging in the call centre world & can lead to very big fines.

PaulAnkaDog · 23/04/2018 22:00

Do you not have to code the calls though? Or when someone hangs up does a new call automatically come through?

Original poster
Sam1993 · 23/04/2018 22:41

Yes we have to dispose of the call before the next one comes through. There have been instances of system issues where for example the call connects but I can’t hear anything so I’m assuming the customer can’t hear anything either - it only takes a minute to reset the system so due to naïveté thinking it won’t cause a problem I won’t have logged it.
Sometimes I have taken my headset off for a breather or because someone has come over with a question etc, and I genuinely forget to go into a different code. This also causes calls to be missed. Generally we all go into mute in between calls just because we do chat amongst ourselves whilst in available and unmute as soon as a call comes through. Like I said I too have become complacent over the last few months however this has been a massive wake up call for me and just want a chance to go back to what I was before I went through those personal issues that got the better of me.

OP posts:
Morsecode · 23/04/2018 22:52

OP. If you really want a chance of being kept on in the job, please stop saying you became complacent.

DrTorres · 23/04/2018 22:53

I may have missed the answer to this, but how long have you been employed there OP?

TittyGolightly · 23/04/2018 22:54

2 years in June, according to an earlier post.

So dodgy ground.

Original poster
Sam1993 · 23/04/2018 22:55

I won’t say it in the meeting but I feel on this thread I’m receiving judgmental messages either way - one minute I’m too honest the next I’m not honest enough i don’t understand what the right thing is to say or do here.

OP posts:
DrTorres · 23/04/2018 22:56

Oh I see. Two years in June.

Yeah. I’m afraid they can pretty much dismiss you with no comeback unless you have a claim for breach of contract or discrimination (as these issues predate your pregnancy I think you’d struggle with that one).

They will want to get this through before you reach the two year mark.

DrTorres · 23/04/2018 22:58

Sorry OP but I’m an employment solicitor (albeit out of practice as I’ve been off on maternity leave for a year) and to be perfectly honest I don’t think you stand much of a chance. If they decide to give you another shot, it’ll take them over the two year period and if they want to dismiss you after that they’ll need to performance manage you. I can almost guarantee you that this is what they are trying to avoid.

Original poster
Sam1993 · 23/04/2018 22:59

So basically I have more or less no hope?

OP posts:
FleurDelacoeur · 23/04/2018 23:00

Autodialling is the system we used to use where I worked. It's a computer which is loaded with all the customer numbers and we used to be able to sort it and filter - so for example we might choose to phone everyone aged 18-30, living in the South East and the dialler would start making the calls. The team leader/manager can adjust how quickly the dialler is making the calls - the trick is to have people available to speak when a call is answered, but not to have so long between responses that you have team members sitting doing nothing. The speed of dialling varies - you're going to get far fewer people on their home numbers at 11am on a Tuesday than at 7pm on the same day. All call centres have a drop rate they have to achieve - the number of calls where someone at home picks up their phone but there isn't an operator to speak.

OFCOM fines companies with high levels of abandoned calls. Call centre companies have to take this really seriously as they don't want a reputation for shoddy practice and being a bunch of cowboys.

OP you're still not answering what everyone is asking. You've quite clearly taken your eye off the ball for whatever reason and your abandon rate has shot up. Rather than just promising you won't do it again, you need to think of ways in which you can ensure it doesn't happen and present these at the meeting. Things like moving seat away from chatty colleagues, not sitting by the coffee machine, etc etc.

DrTorres · 23/04/2018 23:02

If they were my client I’d advise them (because you are pregnant) to meet with you before dismissal to find out if your performance issues are in any way connected to your pregnancy (because if they were, this could leave them liable to a discrimination claim). If they were, I’d be advising them to reconsider (or have you sign a settlement agreement in return for a payment at least). However, as I said, since the issues predate the pregnancy I can’t see that they’ll be too concerned.

Original poster
Sam1993 · 23/04/2018 23:02

The only thing I am clinging on to, is I know my department are not in a position to recruit at the moment and they won’t be for a while. They are also struggling with FTE’s at the moment as it is so perhaps it is naive of me to hope that will also be taken into consideration before they look to get rid of employees..?

OP posts:
PaulAnkaDog · 23/04/2018 23:04

I’ll be honest, I’m a supervisor in a call centre and I am gobsmacked that this hasn’t been flagged before now. From the employment law side I don’t have a clue but as someone who works where I do I find it quite difficult to accept your answers as to how you were missing calls. Sorry. And I worked the phones for years, did the muting between calls for a chat, doesn’t really work as an excuse for silent calls. I really do echo previous suggestions of contact your union rep. I hope you sort things out.

DrTorres · 23/04/2018 23:05

I’m not saying for a single second that you shouldn’t try and fight it, OP. Go in and plead your case. You never know.

But you should perhaps prepare yourself for the worst. I’m so sorry.