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  • FIRST POST
    • Marsupial
    • By Marsupial 11th Oct 16, 10:01 PM
    • 9Posts
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    Marsupial
    Colleague under investigation at work.
    • #1
    • 11th Oct 16, 10:01 PM
    Colleague under investigation at work. 11th Oct 16 at 10:01 PM
    A colleague of mine is currently under investigation (HR are involved) - I don't know what accusations have been raised against him, and for confidentiality reasons, will not ask.

    What I'm wondering is; can the colleague do anything (union involvement, requesting someone be present in all meetings relating to the accusations, etc) bearing in mind that the colleague has been working at the company for less than two years?

    Thanks.
Page 1
    • jobbingmusician
    • By jobbingmusician 11th Oct 16, 10:46 PM
    • 18,025 Posts
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    jobbingmusician
    • #2
    • 11th Oct 16, 10:46 PM
    • #2
    • 11th Oct 16, 10:46 PM
    Here's the situation, as I understand it (I am not an expert).

    Firstly, your colleague's contract may make it clear whether or not he is subject to the full company disciplinary policy, and whether this policy is contractual. It is fairly unlikely to be contractual, but if it is, the company will obviously be breaking your colleague's contract if they break it. Most DP's will allow for accompaniment at hearings (although not at investigatory meetings) as this is ACAS recommended.

    Your colleague can be dismissed for any (non-discriminatory) whim during the first 2 years, as you probably know. I think (but am not 100% sure) that he is entitled to have a proper disciplinary hearing for a disciplinary matter assuming he has passed his probation period. Employers WILL want to protect themselves against any risk that a dismissal or other action could be interpreted as discriminatory, and so are likely to conduct any disciplinary investigation or hearing carefully.

    In my (again I stress, non-expert) opinion an investigation is a sign of a fair employer, since an unfair one would simply dismiss for a spurious reason if the object was simply to get rid of your friend inside the 2 year period.
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    • ohreally
    • By ohreally 11th Oct 16, 11:21 PM
    • 5,718 Posts
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    ohreally
    • #3
    • 11th Oct 16, 11:21 PM
    • #3
    • 11th Oct 16, 11:21 PM
    There is no right to be accompanied at investigation stage (unless policy permits), though I would suggest that if union is recognised it may be possible to be accompanied during hearings.
    Imagination is a mental faculty that serves as a coping mechanism for those who can't or won't accept reality - unicorns and dragons and wives who don't nag, are all figments of the "imagination".

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    • Undervalued
    • By Undervalued 12th Oct 16, 9:23 AM
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    Undervalued
    • #4
    • 12th Oct 16, 9:23 AM
    • #4
    • 12th Oct 16, 9:23 AM
    There is no right to be accompanied at investigation stage (unless policy permits), though I would suggest that if union is recognised it may be possible to be accompanied during hearings.
    Originally posted by ohreally
    That is correct regarding the investigation stage however, at a formal disciplinary (or grievance) hearing a trades union representative must be allowed regardless of whether the union is recognised or not.
    • ohreally
    • By ohreally 12th Oct 16, 9:44 AM
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    ohreally
    • #5
    • 12th Oct 16, 9:44 AM
    • #5
    • 12th Oct 16, 9:44 AM
    That is correct regarding the investigation stage however, at a formal disciplinary (or grievance) hearing a trades union representative must be allowed regardless of whether the union is recognised or not.
    Originally posted by Undervalued
    The context is of investigation.
    Imagination is a mental faculty that serves as a coping mechanism for those who can't or won't accept reality - unicorns and dragons and wives who don't nag, are all figments of the "imagination".

    Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world.
    • sangie595
    • By sangie595 12th Oct 16, 9:52 AM
    • 2,735 Posts
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    sangie595
    • #6
    • 12th Oct 16, 9:52 AM
    • #6
    • 12th Oct 16, 9:52 AM
    That is correct regarding the investigation stage however, at a formal disciplinary (or grievance) hearing a trades union representative or work colleague must be allowed regardless of whether the union is recognised or not.
    Originally posted by Undervalued
    Just adding the obvious amendment...
    Last edited by sangie595; 12-10-2016 at 9:58 AM.
    • sangie595
    • By sangie595 12th Oct 16, 9:57 AM
    • 2,735 Posts
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    sangie595
    • #7
    • 12th Oct 16, 9:57 AM
    • #7
    • 12th Oct 16, 9:57 AM
    A colleague of mine is currently under investigation (HR are involved) - I don't know what accusations have been raised against him, and for confidentiality reasons, will not ask. And I would be disturbed if they told you! They shouldn't.

    What I'm wondering is; can the colleague do anything (union involvement, requesting someone be present in all meetings relating to the accusations, etc) bearing in mind that the colleague has been working at the company for less than two years?

    Thanks.
    Originally posted by Marsupial
    The same rules apply to everyone, regardless of how long they have worked there. But with a few exceptions, they cannot be enforced because of the need to have two years employment to make a claim. At an actual disciplinary or grievance hearing (not an investigatory meeting) an employee is entitled to be accompanied (and that is slightly different to being represented) by a trades union representative or a work colleague. If they have disabilities, there may be grounds to claim to extend that right, but otherwise it is down to the terms of employment and the employers policies.

    You appear to be friends with the person if you are asking here. If so, be cautious about asking them anything - they may be obliged not to speak about it to colleagues (unless that person is their chosen person to accompany them) and you could get them into more trouble if they speak to you about it.
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