Suspended from duty because I made a complaint under the Bullying & Harassment Policy

barspeed

Hi Folks, this year doesnt get any better!

Right, from the top...

August 18th made a complaint about an individual who is singling me out, on the 16th, 17th and 18th, under Disability Discrimination Leg. and the Dignity Policy as he stripped me of my entitlement by treating me the way he did.

Complaint made - received and acknowledged by HR.

Few days later, told that the investigation will be lead by a named person.

Then nothing. Poke HR several times, nothing happens.

October 13th, I was emailed a circular about the New Dignity at work Policy. Reply to the author and rubbish it saying that its no good launching a new one when HR have not dealt with mine under the old one!

Exchange emails with this person sending them details of the original complaint.

Told this matter will be dealt with, though, heard that one before.

Go into work this morning, October 17th. Get a phone call from line manager asking me to attend a meeting with a director at 1330.

I attend the meeting not knowing what it is about but guessing it maybe about my email to the person about the Policy.

Informed by the director that a high level investigation has been initiated, the claims I have made have been refuted, challenged and a counter complaint has been made against me for fabricating a maliscous allegation. Therefore, I was then suspended from duty during the investigation.

I accepted the need to be suspended to protect myself and the other party.

However, I was not told of the topic of the meeting before hand nor was it suggested to me to take with me a Union rep or a nominated representative 'friend'.

Where do I stand?

Jarndyce

barspeed wrote: »

Hi Folks, this year doesnt get any better!

Right, from the top...

August 18th made a complaint about an individual who is singling me out, on the 16th, 17th and 18th, under Disability Discrimination Leg. and the Dignity Policy as he stripped me of my entitlement by treating me the way he did.

Complaint made - received and acknowledged by HR.

Few days later, told that the investigation will be lead by a named person.

Then nothing. Poke HR several times, nothing happens.

October 13th, I was emailed a circular about the New Dignity at work Policy. Reply to the author and rubbish it saying that its no good launching a new one when HR have not dealt with mine under the old one!

Exchange emails with this person sending them details of the original complaint.

Told this matter will be dealt with, though, heard that one before.

Go into work this morning, October 17th. Get a phone call from line manager asking me to attend a meeting with a director at 1330.

I attend the meeting not knowing what it is about but guessing it maybe about my email to the person about the Policy.

Informed by the director that a high level investigation has been initiated, the claims I have made have been refuted, challenged and a counter complaint has been made against me for fabricating a maliscous allegation. Therefore, I was then suspended from duty during the investigation.

I accepted the need to be suspended to protect myself and the other party.

However, I was not told of the topic of the meeting before hand nor was it suggested to me to take with me a Union rep or a nominated representative 'friend'.

Where do I stand?

You stand suspended. It is a neutral act not a disciplinary one and you are not entitled to representation at such a meeting (not legally anyway - am assuming your local policy does not go further than that).

Sounds like they may have sat on the first complaint not knowing what to do with it. Also sounds like you may have shot yourself in the foot on October 13th, but that's another matter.

I don't see what you can do other than wait for the investigation to take its course and await the outcome.

SarEl

Jarndyce wrote: »

You stand suspended. It is a neutral act not a disciplinary one and you are not entitled to representation at such a meeting (not legally anyway - am assuming your local policy does not go further than that).

Sounds like they may have sat on the first complaint not knowing what to do with it. Also sounds like you may have shot yourself in the foot on October 13th, but that's another matter.

I don't see what you can do other than wait for the investigation to take its course and await the outcome.

Agreed in it's entirety. And you went past shooting yourself in the foot in e-mailing details of a confidential grievance to a third party. That in itself could be classed as gross misconduct, quite apart from the other allegations against you. I hope you have a union rep?

dseventy

barspeed wrote: »

October 13th, I was emailed a circular about the New Dignity at work Policy. Reply to the author and rubbish it saying that its no good launching a new one when HR have not dealt with mine under the old one!

This was a mistake! I agree with others.

barspeed wrote: »

However, I was not told of the topic of the meeting before hand nor was it suggested to me to take with me a Union rep or a nominated representative 'friend'.

Where do I stand?

Your now quoting rules, you have not followed them (by your email on the 13th) so I can't see you can now hide behind them.

My advice is to sit tight and see what happens next, post here when it does for more advice.

Can I suggest you don't email anyone (or any 3rd party) without getting advice on here or via someone else knowledgeable. It seems your rash response was not a good move.

D70

ceridwen

One thing anyone involved in a complaint needs to be well aware of is that - in this day and age - one can be obviously/thoroughly well "in the right" and the person who is being complained about is pretty likely to put in a "counter complaint".

Time was when it was much easier to put in a "being bullied" complaint for instance - but these days those "in the wrong" DO have a huge tendency to put in a counter-complaint...ie trying to make out that they ARENT the ones "in the wrong" and indeed quite the reverse.

Its bl**dy infuriating to say the least when one has to not just put in the appropriate complaint about bad treatment - but be prepared for the person that perpetrated the "bad treatment" concerned trying to come over "Little Miss/Mr Innocent" in reverse (even though they and you know they arent). Sign of the times I guess...:(

Very little chance these days of the wrong 'un putting their hands up and saying "Its a fair cop guv"...they are much more likely to try and "put things in reverse" and make out the Good Guy/Gal is the one "in the wrong".

Hope it works out for you.

blossomhill_2

barspeed wrote: »

Hi Folks, this year doesnt get any better!

Right, from the top...

August 18th made a complaint about an individual who is singling me out, on the 16th, 17th and 18th, under Disability Discrimination Leg. and the Dignity Policy as he stripped me of my entitlement by treating me the way he did.

Complaint made - received and acknowledged by HR.

Few days later, told that the investigation will be lead by a named person.

Then nothing. Poke HR several times, nothing happens.

When was the response due?
Have you had written confirmation of the outcome?
You may have made mistakes but staff with grievances don't have to be perfect surely

SarEl

ceridwen wrote: »

One thing anyone involved in a complaint needs to be well aware of is that - in this day and age - one can be obviously/thoroughly well "in the right" and the person who is being complained about is pretty likely to put in a "counter complaint".

Time was when it was much easier to put in a "being bullied" complaint for instance - but these days those "in the wrong" DO have a huge tendency to put in a counter-complaint...ie trying to make out that they ARENT the ones "in the wrong" and indeed quite the reverse.

Its bl**dy infuriating to say the least when one has to not just put in the appropriate complaint about bad treatment - but be prepared for the person that perpetrated the "bad treatment" concerned trying to come over "Little Miss/Mr Innocent" in reverse (even though they and you know they arent). Sign of the times I guess...:(

Very little chance these days of the wrong 'un putting their hands up and saying "Its a fair cop guv"...they are much more likely to try and "put things in reverse" and make out the Good Guy/Gal is the one "in the wrong".

Hope it works out for you.

blossomhill wrote: »

When was the response due?
Have you had written confirmation of the outcome?
You may have made mistakes but staff with grievances don't have to be perfect surely

But in both cases you have to understand that the phrase is alleged grievances. Sorry OP - but the fact is that people do for a variety of reasons put in grievances which are misconceived or malicious. There are two sides to every story and we cannot assume anything. We can advise based on what an OP tells us - but as we all have seen, that isn't necessarily the whole story or even the true story. We take, generally, people at face value because we have no choice to do otherwise. But even I, based solely on the OP's post, could construct a very different story in which the OP is conducting a vendetta, part of which was to e-mail people not involved with his/her side of the story in an effort to discredit the other person.

I am not accusing the OP of lying - but we have to be very careful, based on very little information, that we do not make assumptions. About "guilt" or "innocence" (for either party). We do no service to the OP if we do. They are obviously very distressed by something - but that doesn't make what they say the only "truth". It is equally true that people who are being quite rightly criticised or commented upon, for example over performance, start screaming bullying or discrimination. We see that here too.

We have few details here - and the ones that we have are not good for the OP. But if we are to genuinely help then we need to know a lot more, and if the OP has made an error in their grievance, we need to know that too. We don't.

barspeed

Thanks, all I am worried about now is if its proven I made a malicous complaint about the man - I dont even know him or have ever worked with him, ive just seen him, spoken to him briefly and carried on with my day until several days in a row I was subjected to him and his behaviour.

SarEl

barspeed wrote: »

Thanks, all I am worried about now is if its proven I made a malicous complaint about the man - I dont even know him or have ever worked with him, ive just seen him, spoken to him briefly and carried on with my day until several days in a row I was subjected to him and his behaviour.

It would help if we knew what he had done, and why, if you have had no previous dealings / issues with this person, such problems seemed to have emerged all of a sudden.

At this moment in time it is unlikely that there will be available details about why the employer thinks the complaint was malicious, but you should be able to ask formally (do it in writing) for the outcome of your grievance. And what evidence of what you say happened were you able to give?

barspeed

I cant go into details in case my employer looks at this website and puts two and two together, but basically my dignity was breached by an order the person made in thier capacity to order me to remove an article of clothing when entering the premises, this then jeopardised me in my clothed state, plus the reason I was wearing said article can be deemed as a reasonable adjustment under the DDA. The events were I am told were caught on CCTV.

maninthestreet

OP - The person making the counter-claim is the same person who was the subject of your original complaint, or someone else? Was the subject of your original complaint also suspended as result of your complaint?