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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6264
Experience:  10 Years of experience in Employment Law and HR
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i am due to go into a disaplinary meeting on monday for gross

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i am due to go into a disaplinary meeting on monday for gross misconduct for touching a female colleauges boobs it was a complete accident, and even the four witnesses agree it was an accident. my company however has a policy about unwelcome touching or banter but i was only going to tap her arm to signify come on its time to go home. and now im facing potential dissmisal
Hello and welcome to Just Answer, how long have you worked there for ?
Customer: replied 3 years ago.
i have worked for the company for 14 years
Have your witnesses been interviewed as a part of the investigation process? Do you have any disciplinary warnings on file?
Customer: replied 3 years ago.
they have yes and they did belive that it was an accident, as for any warning i had a councelling once for absence
Ok, well you should state in your disciplinary that it was an accident and you have witnesses who support your view and given that (along with your 14 years service without prior incident) they cannot form reasonable belief that this was a deliberate act and therefore it would be unfair for you to be dismissed.

If you are dismissed you should appeal and if that is unsuccessful you can claim unfair dismissal at The tribunal will then consider the evidence and decide if it is within the range of reasonable responses for you to be dismissed for that reason.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give a positive rating.

Many thanks and all the best.
Customer: replied 3 years ago.
hiya am i likely to be redeployed to another area of the buisness or get some official warning
Hello sorry for the delay, this would only be reasonable if they can demonstrate that they had reasonable belief that you did it and they offer it as an alternative to dismissal.

If they cannot demonstrate reasonable belief then you could raise a grievance and claim constructive dismissal.

Jenny McKenzie and other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

well i have been back into work twice since my first comment once to see the cctv footage which shown nothing more than what was said and more than half of the screen was obscured by my back so the shot of me actually making contact was obscured, and the second time i went in to get another grilling about why i touch this arm instead of the other, how come your hand ended up there etc etc. should i be worried i have to go back in for the final meeting next week

Hi on the basis that you have 2 witnesses I think you have an argument that the fact that the CCTV footage does not support you is not enough to demonstrate reasonable belief.
Customer: replied 3 years ago.

well they have dissmissed me today for, as they describe it unreasonable behavior from a manager because i was so close to the female colleague i was invading her personal space. And therefore thats how the incident happened. im gobsmacked as the camera is behind me it is hard to tell how close i actually am to her and i was close so i could get back into my seat again and i have said that in my interview on a previous occasion. I have admitted from the beginning that i did accidentally catch her boob as i was going to tap her arm to say come on off you go. What do i need to do and is it at this stage i need to get a solicitor involved?

Hello have you submitted an appeal?
Customer: replied 3 years ago.

not yet apparently i can only submit the appeal when i get the letter with a summary of why they have dismissed me that will be within 7 days and then i have 7 days in which to appeal.

At this stage the most important thing for you to is to lodge the appeal. You should do so on the basis that the employer cannot establish reasonable belief that you have done this on the CCTV evidence alone. Hopefully the employer will overturn the decision but if it does not you could pursue a claim. In order for you to succeed you would have to show that it was unreasonable for your employer to dismiss you based on the evidence. This may be difficult to do if the CCTV evidence goes against you.

You can engage a solicitor to help you but you can claim without one using the form you will find at
Customer: replied 3 years ago.

thanks jenny. however i do not believe the cctv goes against me. i can see in the cctv someone infront of the female colleague(who was sat down) had addressed me so i did lean over to hear the female colleague and with the camera on the ceiling 8ft up and 4ft away i believe the image may be somewhat distorted and to be honest there was never a single complaint from the colleague about me invading her personal space. Your thoughts are welcome

Hi on the basis of what you say and also of the witnesses you have an argument that they cannot establish reasonable belief. I would take the matter further.

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