Facing disciplinary over something I didnt say.

2

Comments

  • IAmWales
    IAmWales Posts: 2,024 Forumite
    edmond wrote: »
    I have no idea. I have been wracking my brain all morning. Can a disciplinary be called over something that was not said or was misheard?

    It can, yes. The employer will consider both the complaint and your response, and decide which, on the balance of probabilities, they believe to be true.

    What has the colleague you allegedly made the comment to said, are they under investigation also? Are you suspended, have you been invited to an investigatory meeting?
  • All you can do is keep saying 'I didn't say that'. Because you didn't say it.

    Don't even try to work out what you might have said that might have been misheard - the fact remains, you didn't say what they are alleging you said. So keep saying that to them.
    No longer a spouse, or trailing, but MSE won't allow me to change my username...
  • edmond
    edmond Posts: 292 Forumite
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    At the moment the complaint has been made and my superior needs to investigate it, based her findings I will find out if action will be taken.
  • Are you in a union? Have to spoken to any employment advisers?


    Even if you haven't, it is perhaps worth implying to the employer that you will be speaking to ACAS about rights. If their claim is bogus, then this alone may be enough to put the wind up them. Small companies without experienced HR teams will often back down when the idea of spending thousands defending a claim is put on the table.
  • OP you need to say
    'I don't remember saying that and, to be honest, it does not sound like anything I would say, but, if I have offended anyone inadvertently I would like to apologise unreservedly'
  • I agree with what's been said.
    Just tell them you didn't say it and you don't agree with the statement either. Was there anyone else around when this alleged incident happened? It would be sensible for that to be looked into.
    It must be a very worrying time and being accused of doing something you didn't do is a horrid feeling.
    A similar thing happened to someone I know. It was one persons word against another. Witnesses were called and the replies varied from people saying they didn't hear anything to someone saying the comment was obviously made in jest but was also misinterpreted by the complainant. Both were told to be mindful of joking in case it offends and that was it.
    Hopefully if you have worked there for 3 years without trouble they will trust you. It would be odd for someone who respects women to suddenly come out with something derogatory so hopefully they will consider that too.
  • ohreally
    ohreally Posts: 7,525 Forumite
    Combo Breaker First Post
    edmond wrote: »
    Can a disciplinary be called over something that was not said or was misheard

    A disciplinary hearing hasn't been convened, the enquiry is still at the investigatory.
    Don’t be a can’t, be a can.
  • ThemeOne
    ThemeOne Posts: 1,471 Forumite
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    If there are no witnesses and you keep saying you didn't say it, things may just fizzle out. Or they may not.

    I'd say it'll depend on how far the client wants to take it and that will depend, among other things, on how much clout the complainant has with the client e.g. is she a senior manager?

    It will also depend on how big and important a client this is to your employer.
  • JReacher1
    JReacher1 Posts: 4,652 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    It's a very odd thing for them to claim you said.

    Things like this are hard to prove but as you've been there a few years you would hope your bosses would know that this isn't the sort of thing you would say.
  • Snuggles
    Snuggles Posts: 1,001 Forumite
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    OP you need to say
    'I don't remember saying that and, to be honest, it does not sound like anything I would say, but, if I have offended anyone inadvertently I would like to apologise unreservedly'

    This is very poor advice IMHO, as it sounds like an admission that something offensive may have been said. I would be far more categorical and definite in stating that I absolutely did not say what has been alleged.
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