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

DesG

Zazen999 wrote: »

Interesting; in that you only exhibited this threatening behaviour after being accused of taking drugs; so they are intrinsically linked....so how they can ignore one side and try you on the other is amazing!

Good point!

Maybe you could email HR and ask them to clarify if the allegation of threatening behaviour was considered to have happened in the workplace due to the nature of the event, as if so then the company may be equally liable for the slander that has been committed which caused you to robustly verbally defend your character in front of your work colleagues.

Might make them reconsider their options

Cheers, Des.

BligBlag

OP, have HR dropped the Sales Manager accusing you of drugs on that night from the Disciplinary? Or just the accusation that you were on/taking drugs that night?

Zazen999 wrote: »

Interesting; in that you only exhibited this threatening behaviour after being accused of taking drugs; so they are intrinsically linked....so how they can ignore one side and try you on the other is amazing!

That was my feeling too, obviously there is zero evidence that the OP ever took drugs on that night out so HR drop that aspect of the original complaint from the Sales Manager, and now just carry on with OP was drunk and threatening to Sales Manager on their Xmas night out... I think the drug accusation from the Sales Manager is relevant to the Disciplinary as that's what caused the OP to go up to the Sales Manager when they met in another bar.

The fact that HR want to drag it on further and re-interview people shows to me that A) They just want to make sure they get the OP sacked (unfortunately)... whereas They should have just dropped the whole thing if there was so many ifs/buts/holes in the Hearing.

Good Luck OP, I hope you get a good outcome.

DirectDebacle

HR have shown themselves to be thoroughly incompetent in this matter so far and seem intent to continue the same way. Two bites of the cherry and kangaroo court come to mind.

The OP has had this hanging over him since before Christmas and it should have been resolved yesterday. HR seem to be treating the disicplinary meeting as an extension of the investigation process. Their reasons (to fill the holes) are irrelevant. A discipline meeting is to decide on the facts presented to them. If there is insufficient evidence to find against the OP then the discipline panel must decide accordingly.

If they are now going to re-interview witnesses in order to gather more evidence then another discipline meeting must be arranged and the OP served with any new evidence prior to attending that meeting. I am unfamiliar with employment law but this smacks of being tried for the same offence twice. This cannot be the correct way to do things, surely?

HR should have realised it was the OP that was the victim of the sales managers abusive and threatening behaviour and cruel public humiliation of the OP. The OP under extreme provocation was only acting in self-defence. Under the circumstances his behaviour could be described as restrained.

I can only speculate that HR now realise what a shambles they have turned this affair into. HR may now be on a damage limitation excercise in an attempt to prevent senior managers questioning their own competence and suitability for continued employment.

IMO if HR are looking for more evidence to nail the OP then they are making a big mistake. I suspect this is the case otherwise they would have found the OP 'not guilty' on both counts at the discipline meeting.

However it is possible that they are looking for evidence to pursue the sales manager for misconduct. Which is what they should be doing and may help them show to senior management they are up to the job.

As things stand I would imagine the OP feels that this has turned from an investigation into nothing more than victimisation and he has my sympathies.

BligBlag

DirectDebacle wrote: »

However it is possible that they are looking for evidence to pursue the sales manager for misconduct. Which is what they should be doing and may help them show to senior management they are up to the job.

That would be good if true, but I can't see that being the case if they're only re-interviewing the Managers who were present on that night out, seeing as they were part of the witnesses to the Sales Manager.

I can't imagine they'd suddenly say something that implicates one of their 'mates' (Sales Manager).

rupee99

If you report the events of the hearing accurately (I am not saying you are hiding anything merely that one rarely has perfect recall especially where there is a considerable amount of emotional pressure) you are entitled to write the following to your employer.

"I attended a disciplinary meeting on 2 February to answer questions on my conduct late in the evening of .. December 2009, since that time I have been suspended.

At the meeting one of the matters, with regard to drug use, was dropped and the company failed to provide any credible evidence with regard to "unacceptable behaviour."

The company and its employees have defamed me in respect of the former and have failed to provide any evidence of locus with regard to the other matter that occurred in a public place long after the end of a function.

I demand that this matter be ended forthwith and that you issue an apology, furthermore appropriate action should now be taken against a senior manager within the company who publicly accused me of committing a criminal offence.

Failure to respond to these demands within 48 hours will lead to me commencing legal action against the company and individuals concerned."

DirectDebacle

BligBlag wrote: »

That would be good if true, but I can't see that being the case if they're only re-interviewing the Managers who were present on that night out, seeing as they were part of the witnesses to the Sales Manager.

Not much point interviewing anyone who wasn't present during the OPs' alleged abusive behaviour on that night out, is there?

BligBlag wrote: »

I can't imagine they'd suddenly say something that implicates one of their 'mates' (Sales Manager).

I can, but I have seen the statements. So would you if you had read them. Self preservation is a severe test of loyalty.


As has been said the OP is bearing the brunt of some very foolish and drunken behaviour by a manager. HR have failed to get to grips with it and if they continue the situation will likely deteriorate mostly to the detriment of the company and management.

I demand that this matter be ended forthwith and that you issue an apology, furthermore appropriate action should now be taken against a senior manager within the company who publicly accused me of committing a criminal offence.

I entirely agree with this from rupee99.

rupee99

The employer now needs to "put up or shut up."

There is a doctrine known as the "fruit of the poisonous tree." All of the events started with an accusation that the company now admits is baseless, if that had not happened it is unlikely that any of the subsequent events would have occurred. They either have to pursue the former or drop the entire process, if the OP had the money he could get an injunction to enforce this.

If you are inclined to send a letter to them along the lines of my previous post make sure you send a copy to the following.

1 Your contact at HR
2 The head of HR
3 The company CEO/MD
4 If the company is a subsidiary the head of HR and CEO/MD of the holding company,
5 By registered letter to the Registered Office (you can find that out from www.companieshouse.gov.uk) and the address at which you normally work, if different.

ckerrd

rupee99 wrote: »

If you report the events of the hearing accurately (I am not saying you are hiding anything merely that one rarely has perfect recall especially where there is a considerable amount of emotional pressure) you are entitled to write the following to your employer.

"I attended a disciplinary meeting on 2 February to answer questions on my conduct late in the evening of .. December 2009, since that time I have been suspended.

At the meeting one of the matters, with regard to drug use, was dropped and the company failed to provide any credible evidence with regard to "unacceptable behaviour."

The company and its employees have defamed me in respect of the former and have failed to provide any evidence of locus with regard to the other matter that occurred in a public place long after the end of a function.

I demand that this matter be ended forthwith and that you issue an apology, furthermore appropriate action should now be taken against a senior manager within the company who publicly accused me of committing a criminal offence.

Failure to respond to these demands within 48 hours will lead to me commencing legal action against the company and individuals concerned."

Not been on this thread a while but just wanted to say about the above

I like that a lot!

catflea

Rupee, your posts on this thread are fabulous. Thank you for putting the time and effort in. :beer:

To the OP. Sounds like this is going to drag on for a while longer yet. Keep strong and fight it. (I'm no expert, but it sounds to me like you are in a win/win situation - either through them dropping all charges & you demanding recompense, or them sacking you and you getting them through tribunal)

missiemog

i came across this posting quite by chance and, after reading through it all and keeping up with the updates, am i alone in thinking that the guy who did the drug accusing thinks that you're not worthy of the position you're in and is looking for a wee relocation overseas himself?? clearly (he thinks) he's 'alpha male' in that company and you're overstepping your mark and need brought down a peg or 3. the HR manager (and department) really should royally raked over the coals for the handling of this. it's bloody shocking the way you've been treated. stupidly, if you DID admit to a drug problem, they'd be bending over backwards to help you out!!! (it did make me chortle at his response of your drug use denial 'well a druggie would say that' - i wonder if HE would deny it .....!!)

good luck. you've clearly got lots of expert advice on here - use it to your advantage.