Can HR take into consideration spurious information?

sho_me_da_money

If there was an issue where a lapse in judgement and some naivety led to an investigation that ultimately favoured the employee and acquitted him of any crime (so to speak) and led to NO further action being taken, then can the investigation notes on file (that are there for administrative purposes) be used to deny an employee an opportunity for e.g. a bonus, promotion or award?

I am wondering what the legal term is for when companies use a personal opinion and non-factual information to hinder their employee?

Thanks!

Uncertain

sho_me_da_money wrote: »

If there was an issue where a lapse in judgement and some naivety led to an investigation that ultimately favoured the employee and acquitted him of any crime (so to speak) and led to NO further action being taken, then can that information be used to deny an employee an opportunity for e.g. a bonus, promotion or award?

I am wondering what the legal term is for when companies use a personal opinion and non-factual information to hinder their employee?

Thanks!

The short answer is yes.

Unless any of these are contractual rights then the employer can give them, or not, at their discretion. The only exception would be if you could show discrimination in one of the ways prohibited by law.

sho_me_da_money

Seriously though, that sucks mucho bumfluff.

I am being denied an opportunity because of something that was proven untrue. In fact, it was three opportunities 1) Promotion overseas, 2) Promotion within UK and 3) Pay rise

Discretion based on non-factual information.

Surely there is a law or system to shows that this is unreasonable and unjust.

Race card is looking tempting.....im joking!

zzzLazyDaisy

Whether or not a bonus is paid depends entirely on the rules of the bonus scheme. Almost all such schemes are discretionary, so there is no contractual right to a payment.

For example, a disciplinary process into alleged misconduct could result in a decision not to give the employee a formal warning for misconduct - eg if the conduct was admitted but it was accepted that this was not a deliberate act of misconduct but more an act of naivety (for example). Nevertheless the facts surrounding the disciplinary may still result in the bonus being affected if those same facts concerned a performance related issue, or breach of company procedure pertaining to the operation of the bonus scheme.

Without more information it isn't really possible to comment further as we'd just be guessing.

sho_me_da_money

It never got as far as a disciplinary.

The initial investigation was to determine if a disciplinary action was necessary and the outcome was, no it was not.

It came down to a poor lapse in judgement and naivety and the issue was brushed away (or so I thought it was)

The notes of the investigation were made and placed on file for record and administrative purposes.

I have a strong suspicion the investigation notes were spoken of and used to determine the outcome of a promotional opportunity, which I believe is pretty unfair and unreasonable.

zzzLazyDaisy

I guess this is something to do with the incident where you left your company mobile at home and your brother used it to run up a £1700 bill making unauthorised calls?

Andy_L

sho_me_da_money wrote: »

It never got as far as a disciplinary.

The initial investigation was to determine if a disciplinary action was necessary and the outcome was, no it was not.

It came down to a poor lapse in judgement and naivety and the issue was brushed away (or so I thought it was)

The notes of the investigation were made and placed on file for record and administrative purposes.

I have a strong suspicion the investigation notes were spoken of and used to determine the outcome of a promotional opportunity, which I believe is pretty unfair and unreasonable.

I'd of said that if someone has shown "a poor lapse in judgement and naivety" then turning them down for promotion is quite reasonable. After all, had there been disciplinary action you wouldn't have been promoted and suffered other sanctions upto & including dismissal

DCFC79

zzzLazyDaisy wrote: »

I guess this is something to do with the incident where you left your company mobile at home and your brother used it to run up a £1700 bill making unauthorised calls?

is that a different thread to what im thinking it is, there was a thread few months back about a works mobile that was left at home and there was unauthorised use on the phone by a certain family member

Sambucus_Nigra

DCFC79 wrote: »

is that a different thread to what im thinking it is, there was a thread few months back about a works mobile that was left at home and there was unauthorised use on the phone by a certain family member

https://forums.moneysavingexpert.com/discussion/2427647

Tiddlywinks

Previous posts about you receiving a final written warning suggest that it was not just one lapse in judgement that has blotted your copy book - time to remove your rose tinted specs and look closely at yourself.

DCFC79

Sambucus_Nigra wrote: »

https://forums.moneysavingexpert.com/discussion/2427647

thanks, i wasnt sure if that thread linked to was by the same OP as i didnt recognise the name,