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help. Xmas do... suspected of doing DRUGS!!!!!!

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  • bristol_pilot
    bristol_pilot Posts: 2,235 Forumite
    edited 7 January 2010 at 9:17PM
    The witness statements are written - hence libel. Sending them to HR is 'publication'.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    u264047 wrote: »

    I've spoken to my mate about his statement. He said he had to get them to change it because they were trying to fit me up with one of the sentences.
    Please ask your mate to do a statement on this for you. If he does, of course you are the master of your own tactics, but I would suggest you keep the statement firmly in your back pocket for the moment, even if you mention at your hearing that you know there was a debate about the wording. This is because I doubt it will be very influential in the disciplinary process but it could be useful later, IYSWIM
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • u264047
    u264047 Posts: 86 Forumite
    Please ask your mate to do a statement on this for you. If he does, of course you are the master of your own tactics, but I would suggest you keep the statement firmly in your back pocket for the moment, even if you mention at your hearing that you know there was a debate about the wording. This is because I doubt it will be very influential in the disciplinary process but it could be useful later, IYSWIM

    I can't do this, it would prove that I have been associating with colleagues during suspension. Which I am not allowed to do.

    Good idea though.
  • bristol_pilot
    bristol_pilot Posts: 2,235 Forumite
    You cannot do this, but your solicitor can.
  • u264047 wrote: »
    oh, and in the office girls statement it mentioned that i have supposed "infatuations" with two female members of staff, and mentioned another person i may have told about liking them.. this is total rubbish...

    And very odd for management to raise. What is the relevance and evidence? Your union should be very interested in this item alone!
  • piggeh
    piggeh Posts: 1,723 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Good luck in fighting it, the people at your employers sound like idiots. Keep calm though, you need to make sure you go about everything the right way and in a composed way.
    matched betting: £879.63
  • ckerrd
    ckerrd Posts: 2,641 Forumite
    I think you need to get your grievance in now, as soon as possible.

    Find out the procedure and do it.

    As pinkshoes posted earlier this can only help in your defence.
    We all evolve - get on with it
  • ckerrd wrote: »
    I think you need to get your grievance in now, as soon as possible.

    Find out the procedure and do it.

    As pinkshoes posted earlier this can only help in your defence.

    Totally agree with this. Unless you're going to speak to a solicitor in the next day or so, in which case wait.

    It strikes me they've taken a dislike to you and want rid. Now you can either roll over and go quietly, or you can create as much legal fuss & trouble as possible, and if you don't end up with your job back then at least you should end up with a financial settlement at the end of it. In general, employers are scared of the threat of tribunals because even if you're in the right, there's so much danger from not following procedures properly. They're relying on you giving up and going away quietly. Entering a grievance shows that you're going to fight back and that you have a case of your own to put forward.
  • Really gutted for you mate, but I wouldn't act hastily or do ANYTHING without proper sound legal advice.

    I would speak to as many different sources as you can (people in the know) and then fight back. One thing to especially look at is if they have followed procedure to the letter, if not then that alone will bring them down.

    My sister is a HR Manager and most Companies NOT TO want to go to tribunals. It costs money, time and it's a hassle they avoid at all costs, unless it's a case that they would 100% win (such as a pleb who'd been captured on CCTV stealing and then trying to sue the Company for wrongful dismissal). My sister says even Employees they know would probably not win, they end up giving them a settlement to keep it out of the courts.

    Good Luck!!!!!!!!!!!!!!!!!!!!
  • rupee99
    rupee99 Posts: 242 Forumite
    u264047 wrote: »
    No, I haven't put in the official complaint about the manager yet, I have too much to deal with on my own side of things. I also have absolutely no idea how to raise a grievance even if I wasn't busy. AS YOU ARE NOT AT WORK, WHAT ARE YOU SPENDING YOUR TIME ON BEING BUSY?

    It may be that they have nothing substantial... but if you throw it in a blender and mix it all up, it looks absolutely awful. NO IT DOESN'T
    ..............

    It is time that you started being pro-active and stopped feeling sorry for yourself.

    As others have said if that is all the evidence they have then they are in a VERY weak position. Make your counter-claim against the manager.

    Balance of probabilities will only apply in earnest apply once it gets to a Tribunal. The disciplinary proceedings are not covered by legal privilege therefore if someone has said something defamatory (and wrong) about you it is libel.

    Unless you are witholding something from us these whole proceedings are farcical and its about time you took control of the situation.



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