A modern day overreaction to a jokey threat of old-style punishment

Catering supervisor Brenda used an old-fashioned phrase when breaking up a disagreement between two employees - and she was left speechless by what followed.

Two male workers were involved in a heated argument when Brenda intervened, told them to stop acting like schoolboys, and warned if she caught them at it again she would put them over her knee.

The term was once regularly used to encourage a child to stop misbehaving otherwise it would be put over an adult’s knee and spanked.

Brenda, who was just over 60 at the time of the incident and had over 25 years’ service, did not give the comment a second thought. She continued to work with both men without further incident.

But just over three months later she had to attend a disciplinary hearing to face an allegation of threatening and bullying behaviour, which amounted to a breach of the dignity at work policy.

The letter inviting her to the hearing warned that if proven the allegation could amount to gross misconduct. A potential outcome was dismissal.

One of the employees that Brenda had spoken to, had later decided to raise a formal grievance against a number of other colleagues for discrimination and bullying because of his sexuality.

The grievance was largely upheld. It is understood that two colleagues were issued with formal disciplinary warnings following a disciplinary investigation.

It was during that investigation, that the incident involving Brenda and her two colleagues was brought to the attention of management.

When Brenda was first quizzed by the HR manager about the incident, she admitted making the comment, explained it was something that was regularly said when she was younger and it was said jokingly to try and diffuse the situation.

However, the HR manager clearly did not see it as a joke. He said the comment was inappropriate, belittling, hurtful, disrespectful to others and breached the dignity at work policy.

Shocked Brenda explained she never meant to upset anyone and was genuinely sorry if she did.

For the disciplinary hearing, the evidence against Brenda consisted of the notes of the meeting she had with the HR manager, with her admission she made the comment highlighted, and a copy of the dignity at work policy.

Brenda was supported by one of our representatives at the disciplinary hearing after she contacted the Employee Support Centre for help.

Prior to the disciplinary hearing our representative had reviewed the dignity at work  policy, and was aware of the process that should be followed if it was breached.

At the disciplinary hearing he argued the action being taken against Brenda was unfair, and an overreaction to an innocuous and old-fashioned comment said without any malice or intent.

Our representative highlighted the fact there was no evidence of a complaint from either of the two men that Brenda spoke to. He said it showed that neither took offence and the action being taken against Brenda was unreasonable, unjustified and unwarranted.

He told the hearing that the dignity at work policy was expressly clear about what an employee should do if they felt bullied or harassed. It involved attempting an initial informal approach to address the matter, or putting a complaint in writing if it was serious and could not be resolved informally.

Our representative pointed out that neither happened, and described it as perhaps the best evidence to show Brenda was being treated unfairly and the action being taken was disproportionate.

He also pointed to Brenda’s long-service, exemplary disciplinary record, fact no previous concerns had ever been raised about her conduct and such behaviour was completely out of character, her remorse and apology for any unintentional upset caused and fact she had taken appropriate learning from the matter.

Those factors were cited in a comprehensive argument that the allegation should be dismissed, and a different approach taken to deal with  any concerns arising from the matter.

Brenda was later cleared of the allegation.