Witness in Disciplinary Investigation

staffie1

Hi All,

I've been told at work that I am to be called as a witness in an investigation. The person under investigation is my manager, and apparently one of my colleagues also working for her has raised a grievance against her for 'inappropriate behaviour' - that's all I know at the moment.

The guy raising the grievance has told everyone who will listen how much he hates her and how she 'sets him impossible objectives'. He's been off sick for about 3 mths now with work-related stress, and has a sick note from his own GP that expires at the end of next week. The company has made him see a private doctor appointed by the company who, according to the guy involved, has recommended that he returns to work as they can't find anything physically wrong with him, and that the problem is caused by our manager and the alledged behaviour that is causing the stress.

So I will be asked, along with others in the department I assume, to give evidence at a hearing in HR next week.

I will be entirely honest of course during this process, but naturally it's a tricky situation.

Do you think I need a rep with me or is that going a bit over the top?
Are there any do's and don'ts (apart from do tell the truth!) that I need to bear in mind.
Has anyone else been in this situation and what has happened when the person being investigated has been found either 'guilty' or 'innocent'?

Any advice appreciated

Meepster

I have had experience of both leading work related investigations (theft, failure to comply with health and safety procedures, sexual harassment, bullying, poor perfomance and attendance, gross misconduct, etc etc) and being a witness in an investigation (gross misconduct). My advice to you would be, plain and simple, tell the truth. You have nothing to worry about as long as you do. The outcome of the investigation (although affected by your statement) isn't something you should be worried about.

I don't think you should take a rep in with you. You have nothing to be worried about, it's not you they are investigating. Just answer their questions, clearly and consicely, and be as factual as you can. Don't be tempted to make any of your answers sound like you have something against one of the people involved, this can make the evidence you are providing sound biased.

As to whats has happened in the investigations I have been involved in. For people who have been found to be in the wrong, I have seen them demoted, sacked, moved locations, been put under a restraining order and one time, someone went to prison. (obviously the police and court also got involved in that one, I'm no judge lol)

As to the people who have been cleared, most of them went back to their normal working life, a couple handed their notice in and one went on to win damages from the accuser...

staffie1

Troy_Verll wrote: »

What do you need a rep for? Talk about dramatic.

They ask you questions, you tell them the answers.

If it's done properly everything will be written down or recorded and you will have to sign it at the end to validate it. Just make sure you read what has been written before signing.

I'm not being dramatic, I'm asking for advice. Thank you for yours.

staffie1

mwilletts wrote: »

I have had experience of both leading work related investigations (theft, failure to comply with health and safety procedures, sexual harassment, bullying, poor perfomance and attendance, gross misconduct, etc etc) and being a witness in an investigation (gross misconduct). My advice to you would be, plain and simple, tell the truth. You have nothing to worry about as long as you do. The outcome of the investigation (although affected by your statement) isn't something you should be worried about.

I don't think you should take a rep in with you. You have nothing to be worried about, it's not you they are investigating. Just answer their questions, clearly and consicely, and be as factual as you can. Don't be tempted to make any of your answers sound like you have something against one of the people involved, this can make the evidence you are providing sound biased.

As to whats has happened in the investigations I have been involved in. For people who have been found to be in the wrong, I have seen them demoted, sacked, moved locations, been put under a restraining order and one time, someone went to prison. (obviously the police and court also got involved in that one, I'm no judge lol)

As to the people who have been cleared, most of them went back to their normal working life, a couple handed their notice in and one went on to win damages from the accuser...

Wow - you have some experience there!
Thanks for your advice - that helps a lot.

Meepster

staffie1 wrote: »

Wow - you have some experience there!
Thanks for your advice - that helps a lot.

Yeah, tell me about it. The joys of having been a retail manager, it was more like an episode of Eastenders than a shop at times...

Horace

mwilletts has said it all staffie - I too have been involved in the disciplinary process from both sides (I used to be a union rep).

You are not going to be in the same room as the alleged perpetrator and you are likely to be interviewed by the investigation team who will most likely not be involved with the case directly other than to gather evidence from witnesses - that is to keep the whole process fair.

Just tell the truth and put no slant on it so that you appear biased.

ali-t

staffie1 I was in a similar situation but didn't go to the hearing. It dragged on so long that i had changed jobs so I sent in a written submission with my side of the story. IME hearings like this end up causing havoc in the workplace and my advice to you would be to stay out of any gossiping about the process or people involved. At one point in my previous job 50% of people in the room had a grievance out against someone - we nearly had double figures in the room!

Zazen999

I totally agree with what mwillets has said - but just wanted to reemphasise to give your account with absolutely no influence from the person who has been telling everyone how much he hates her and that she sets impossible objectives. That is not fair on your boss who, if she has been setting impossible objectives, will be found out, during the course of the investigation. I know you know that, but just give your account from your experience and I'm sure everything will be ok.

staffie1

ali-t wrote: »

staffie1 I was in a similar situation but didn't go to the hearing. It dragged on so long that i had changed jobs so I sent in a written submission with my side of the story. IME hearings like this end up causing havoc in the workplace and my advice to you would be to stay out of any gossiping about the process or people involved. At one point in my previous job 50% of people in the room had a grievance out against someone - we nearly had double figures in the room!

Sounds like sensible advice - thanks

staffie1

Zazen999 wrote: »

I totally agree with what mwillets has said - but just wanted to reemphasise to give your account with absolutely no influence from the person who has been telling everyone how much he hates her and that she sets impossible objectives. That is not fair on your boss who, if she has been setting impossible objectives, will be found out, during the course of the investigation. I know you know that, but just give your account from your experience and I'm sure everything will be ok.

Thanks Zazen999, I intend to be impartial and just be entirely honest. I think it's good that the process is being handled properly and fairly.