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

Anihilator

rupee99 wrote: »

I certainly don't and neither, I think, does AJ2703

With a degree in law from Oxford and practising as a lawyer for 30 years I fully understand that the "balance of probabilities" is the standard of proof required in all civil matters.

Something that you and Anihilator apparently do not.

No you did.

Proc is spot on.

I am pointing out that believing on the balance of probabilities (as required) here isnt proof. If it was then lots of nice unsympathetic criminals/scum would go to jail for crimes they didnt commit as on the balance of probabilities and being unlikable they would be proven guilty.

Out of interest who do you work for.....

Zazen999

Just grabbed this from a business website:

(name, address, date)
Dear...............
I am writing to tell you that I wish to raise a grievance.
This action is being considered with regard to the following circumstances: (describe concisely and clearly with facts and dates, etc.)
I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. (These entitlements exists in the UK - check your law if you are in a different country).
Please reply within (not more than 28 if subject to UK law) days of the date of this letter. (In other countries check your policy or law, and if no standard is stated then 28 days is a very reasonable timescale to suggest. In small companies you should expect and could ask for a quicker timescale, for example a week or two weeks).
Yours sincerely
Signed etc.

ckerrd

u264047 wrote: »

My email:

Good Afternoon N,

I would like to raise a grievance regarding (idiot's) behaviour and attitude on Thursday December 17th 2009.

I was told I was heard 'sniffing' in a toilet cubicle at around midnight.(idiot)- also in the restrooms, took this to mean I was using drugs.

He told me to get out of his face, and told me that he knew exactly what I was doing and then proceeded to inform the remaining members of the group that I was a smackhead, and he is not going to drink with a 'druggie', and suggested that they all leave. Which they did.

(x) and (y) will be able to back up the fact he used these defamatory comments.

I am personally unaware of the specifics regarding the company Drug & Alcohol policy, but I would assume that it reads if someone is suspected of having a drug problem then it should be dealt with confidentially, not publically declared whilst intoxicated. Find out the policy or leave this out. Are you suggesting that you were drunk or your boss was or both? Don't do either

Later on in the evening, (x) and I ran into the group again in the (bar), I took it upon myself to speak to (idiot) and try to help him understand why I would not be a drug user, or indeed have a drug problem. No need for this as part of your grievance

I talked to him on and off for around an hour, and throughout this he tried to bully me into admitting that I had a drug problem, and would help me make "all this go away" if I just came clean and told him the 'truth'. Upon refusal to admit to these things, he spoke to me in a mocking tone and told me that "well, come monday you'll be sitting accross from higher management fighting this on your own" Save this for later

I felt humiliated and demeaned throughout this conversation with him and felt that his unfounded, slanderous judgements about me were unfair, and unlikely to be changed by anything I said to him and subsequently I walked away.

I expect a full investigation to be carried out as I feel that this behaviour is totally unacceptable and unprofessional.

I look forward to your response.

Many Thanks,
Matt

Please could you confirm receipt of this email for my records.

What do you guys think?

What does your company grievance procedure ask for as a first step?

I would not go into very much detail at all.
I would state that you wish to pursue a grievance against person x as they slandered you in front of colleagues, by accusing you of being a drug user.

At this stage I would be surprised if you needed any more than that

aj2703

u264047 wrote: »

My email:

Good Afternoon N,

I would like to raise a grievance regarding (idiot's) behaviour and attitude on Thursday December 17th 2009.

I was heard 'sniffing' in a toilet cubicle at around midnight.(idiot)- also in the restrooms, took this to mean I was using drugs.

He told me to get out of his face, and told me that he knew exactly what I was doing and then proceeded to inform the remaining members of the group that I was a smackhead, and he is not going to drink with a 'druggie', and suggested that they all leave. Which they did.

(x) and (y) will be able to back up the fact he used these defamatory comments.

I am personally unaware of the specifics regarding the company Drug & Alcohol policy, but I would assume that it reads if someone is suspected of having a drug problem then it should be dealt with confidentially, not publically declared whilst intoxicated.

Later on in the evening, (x) and I ran into the group again in the (bar), I took it upon myself to speak to (idiot) and try to help him understand why I would not be a drug user, or indeed have a drug problem.

I talked to him on and off for around an hour, and throughout this he tried to bully me into admitting that I had a drug problem, and would help me make "all this go away" if I just came clean and told him the 'truth'. Upon refusal to admit to these things, he spoke to me in a mocking tone and told me that "well, come monday you'll be sitting accross from higher management fighting this on your own"

I felt humiliated and demeaned throughout this conversation with him and felt that his unfounded, slanderous judgements about me were unfair, and unlikely to be changed by anything I said to him and subsequently I walked away.

I expect a full investigation to be carried out as I feel that this behaviour is totally unacceptable and unprofessional.

I look forward to your response.

Many Thanks,
Matt

Please could you confirm receipt of this email for my records.

What do you guys think?

Looks good to me, i would also take note of what Zazen999 has posted. Post 343:)

Zazen999

rupee99 wrote: »

I certainly don't and neither, I think, does AJ2703

With a degree in law from Oxford and practising as a lawyer for 30 years I fully understand that the "balance of probabilities" is the standard of proof required in all civil matters.

Something that you and Anihilator apparently do not.

To establish whether a dismissal for gross misconduct was fair, the tribunal will consider a range of factors, including for example:

• if the employer had a genuine belief in the employee's guilt
• if it was reasonable for the employer to hold this belief as a result of it’s investigation
• the extent of any investigation
• the information given to the employee prior to any hearing
• whether the employee was entitled to be accompanied by a work colleague or trade union representative
• if the hearing was chaired by someone who was impartial
• Whether the ACAS Code of Practice was followed

It is about the belief, not about proof. They do not need proof; just to show that they believe it to have happened.

None of this is helping the OP though!!!

u264047

Zazen999 wrote: »

Just grabbed this from a business website:

(name, address, date)
Dear...............
I am writing to tell you that I wish to raise a grievance.
This action is being considered with regard to the following circumstances: (describe concisely and clearly with facts and dates, etc.)
I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. (These entitlements exists in the UK - check your law if you are in a different country).
Please reply within (not more than 28 if subject to UK law) days of the date of this letter. (In other countries check your policy or law, and if no standard is stated then 28 days is a very reasonable timescale to suggest. In small companies you should expect and could ask for a quicker timescale, for example a week or two weeks).
Yours sincerely
Signed etc.

Bit late, I already pushed the send button. The sentiment is the same though I think.

Anihilator

Zazen999 wrote: »

Just grabbed this from a business website:

(name, address, date)
Dear...............
I am writing to tell you that I wish to raise a grievance.
This action is being considered with regard to the following circumstances: (describe concisely and clearly with facts and dates, etc.)
I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. (These entitlements exists in the UK - check your law if you are in a different country).
Please reply within (not more than 28 if subject to UK law) days of the date of this letter. (In other countries check your policy or law, and if no standard is stated then 28 days is a very reasonable timescale to suggest. In small companies you should expect and could ask for a quicker timescale, for example a week or two weeks).
Yours sincerely
Signed etc.

I don't think legally this is right.

Why would the OP be entitled to attend a discliplinary for another member of staff.

The OP is entitled to make a complaint and the company should deal with this appropiately. The whole meeting to cover it and representative though seems a bit of a red herring to me.

Possibly in the case sampled the grievance related to a discliplinary against them or such.

OP I cant see anything glaringly wrong with your letter although I'd suggest explaining your sniffing, I would also take out that you tried to argue your case with him and instead say you bumped into him later and his behaviour. At the moment you make it sound like you confronted and started the argument in the bar.

ckerrd

u264047 wrote: »

Bit late, I already pushed the send button. The sentiment is the same though I think.

That was a bit rash considering you asked for thoughts

bitemebankers

Matt - I'd consider backing it up with a copy in the post. Other than that, it looks good. Rupee gives some sound advice which I can't add a lot to.

All that's left to say is, best of luck. I imagine you're feeling pretty desperate right now, but trust me, I've been in a similar situation and these things are never as bad as they seem.

Zazen999

Anihilator wrote: »

I don't think legally this is right.

Why would the OP be entitled to attend a discliplinary for another member of staff.

The OP is entitled to make a complaint and the company should deal with this appropiately. The whole meeting to cover it and representative though seems a bit of a red herring to me.

Possibly in the case sampled the grievance related to a discliplinary against them or such.

OP I cant see anything glaringly wrong with your letter although I'd suggest explaining your sniffing, I would also take out that you tried to argue your case with him and instead say you bumped into him later and his behaviour. At the moment you make it sound like you confronted and started the argument in the bar.

I think the meeting in question would be to discuss the grievance, not someone else's disciplinary. I was just pointing out a letter showing the type of layout.

Not that it matters as he has already pressed the button!