Colleagues statements against me being used in a disciplinary
Newbie33
Posts: 4 Newbie
I am due to attend my second disciplinary hearing, (due to having 2 days off holiday my supervisor was told but is denying all knowledge).
I have received statements from my manager submitted by my colleagues,against me however they are not hand written they are not signed ,All have been typed up on a computer. What I'm wondering is can they be used against me in the hearing?
I have received statements from my manager submitted by my colleagues,against me however they are not hand written they are not signed ,All have been typed up on a computer. What I'm wondering is can they be used against me in the hearing?
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i would ask they are brought in to testify and read out the statement in front of you to verify its contents are truthful.I do Contracts, all day every day.0
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Marktheshark wrote: »i would ask they are brought in to testify and read out the statement in front of you to verify its contents are truthful.
That's highly unlikely to happen.
If they are not signed, I would suggest that they are not worth the paper they're printed on.0 -
There is no reason at all why they must be handwritten or signed. If this is what you are depending on as a defence, then it is highly unlikely to impress. A better defence would be an explanation of why you didn't do what you are accused of.0
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If the statements are not signed, how is the employee (and their union rep if applicable) supposed to know that they were genuinely written/typed by the OP's colleague/s rather than the employer themselves?0
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The way the statements are worded would suggest it was the manager, but as they have stopped me from contacting my colleagues I cannot prove otherwise0
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There is no reason why they shouldn't have been written out by the manager though. Managers often take employee statements during investigations; and there is absolutely nothing in law that says they must be handwritten or signed.Cheeky_Monkey wrote: »If the statements are not signed, how is the employee (and their union rep if applicable) supposed to know that they were genuinely written/typed by the OP's colleague/s rather than the employer themselves?
I'm sure my other point has been overlooked, but the best defence is how you didn't do whatever you are being accused of. I always get worried when people focus on irrelevant technicalities and aren't screaming their innocence from the rooftops. But to put this very simply - a disciplinary hearing is not a court of law, and there are no rules of evidence that employers must adhere to. The employer does not even need evidence that someone has done what they are accused of. They only require a "reasonable belief" that someone has done something. Depending on a technicality for a defence, even if the technicality has been done wrongly, is not going to get anyone off the hook. The relevant question is - did you do it?0 -
If these statements are presented in the hearing, and you still think they were produced by the manager, just say that you believe the statements were not made by your colleagues and that you will be raising a grievance against the manager who you think is falsifying evidence against you unless the company provides evidence that they were written by your colleagues. Sangie595 is right; you need to be screaming that you are innocent and outraged at the managers unprincipled behaviour (if they have falsified the statements).
Were you entitled to take the holiday you took as paid leave? (If so, and then the company has not lost out financially, unless it called in other staff to cover for you).
How are holidays usually agreed with your supervisor? Verbally, via email, sms?
Whose responsibility is it to record that holiday requests have been authorised and where do they do this? Do you normally receive any notification that a requested holiday has been authorised and logged?
You need to build a case that you did what you have always done previously when booking holidays. If your employer has weak systems for authorising and recording leave, it's not your fault when this occasionally goes wrong.
Good luck - I'd be interested to hear how you get on.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
That's clarified that.
I Informed my supervisor 10 months previous she did nothing about it and has denied any knowledge of the conversation we had.0 -
The wording of the initial post suggests that the OP 'told' their manager they were taking holiday, rather than requesting it and having it agreed. If that is the case then it was unauthorised absence and would in itself potentially warrant disciplinary action.0
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Thank you for your comments, the disciplinary hearings on Monday I will update you on the outcome...0
This discussion has been closed.
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