Help worried sick here. Gross Misconduct

phathanded

I am currently suspended due to a supposed incident at work. I recieved a letter over a week ago inviting me to an investigation meeting because a manager in my company heard apparently heard a homophobic comment.
The first I knew about this was in the investigation meeting. the manager heard the comment and turned round and saw me and two other workers in the vicinity of where this comment came from.
I never heard anyone say anything homophobic and I know i definately didnt say anything.
I was asked who the other work collegues were because they could only identify one of them, apparently the manager couldnt see the other person clearly even though we were meant to be stood together.
I could not remember who I was with at that specific time over a week after the event because to me it was just like any other day.
I was suspended while they do a full ivestigation and i have recieved a disciplinary letter with all the evidence against me.
They have interviewed the other collegue who was identified and he heard nothing and couldnt remember the third collegue. (it could have been one of about 10 people).
The only other person interviewed was the manager himself, who doesnt implicate anyone, just says who was around at the time. None of the work collegues who could have been witnesses have been interviewed.
I am now being accused of either saying the comment or covering for someone that has when i Have not even heard the comment in the first place.
Any advice would be helpful because i am so scared of losing my job over something I really have nothing to do with.
I have no warnings at all and have nevewr been in any disciplinary meetings before. Sorry if this is in the wrong area didnt know where else to write this.

SarEl

All you can do is tell the truth - you did not hear such a comment and you did not make such a comment. If the manager themselves cannot say who said it, and other employees there at the time cannot recall hearing anyone say this, then they are unlikely to have sufficient evidence to dismiss.

phathanded

Thanks thats what I thought. I have been through the statements and like I say the only evidence they have is the managers statement. they have not found the third person involved and are saying that me and the other colleague are aiding and abetting a colleague in homophobic abuse by not saying who the third person is. now i never heard the comment and the only evidence that the comment was made is the managers statement.

j.e.j.

Tell the people falsely accusing you of being a homophobe that you'll have them for defamation of character

k66yla

Were you accompanied in the investigative meeting, either by your union rep if you have one or a friend from that workplace?
Was there a note taker and is the person doing the investigation an appropriate manager? ie one who has the authority to deal with cases like this
Ask for witness statements and also put in a grievance against the manager if you were not given the chance to be accompanied at the meeting.

Have a look at the ACAS website, Code of Practice 1. http://www.acas.org.uk/index.aspx?articleid=2174

zzzLazyDaisy

Remember that you are legally entitled to be accompanied by a colleague or a trade union rep. This is useful as they can take notes for you, as you are likely to be too busy with the interview to take your own notes, and the chances are that you won't remember half of what was said afterwards.

Also if a disciplinary sanction is applied (warning or dismissal) you have the right to appeal. The appeal will (should!) be heard by someone impartial and not involved in the original investigation/disciplinary.

From what you say, it seems that there is insufficient evidence to justify dismissal - but do be aware that the decision maker does not have to prove anything 'beyond reasonable doubt'. Rather s/he must come to an honest and reasonable conclusion based on the facts produced by a thorough investigation.

Good Luck and let us know what happens.

zzzLazyDaisy

k66yla wrote: »

Were you accompanied in the investigative meeting, either by your union rep if you have one or a friend from that workplace?

An investigatory meeting is not a formal disciplinary meeting so the right to be accompanied does not apply. Having said that, many employers will allow the employee to be accompanied at that stage.

k66yla

zzzLazyDaisy wrote: »

An investigatory meeting is not a formal disciplinary meeting so the right to be accompanied does not apply. Having said that, many employers will allow the employee to be accompanied at that stage.

OP was invited by letter to attend a meeting, so I'm guessing that would be formal.
Sorry don't want to be misleading anyone, only just qualified as a workplace rep last week, just trying to help.

phathanded

i was accompanied by my shop steward in the investigation meeting. I was told I was being suspended so i couldnt interfere with the investigation which i fully understand. I assumed they would ask any other people in my department if they heard the comment but all they have done is re-interviewed the manager. The only evidence they have that the comment was made is from the manager. Neither me nor my collegue heard anything so how could they possibly come to am honest and reasonable conclusion that a. The comment was made and b. i am aiding and abetting somebody who made the comment?
Thanks for everyones help you are making me feel better. My Union delegate is coming to my disciplinary hearing of course I will let you know what happens.

zzzLazyDaisy

k66yla wrote: »

OP was invited by letter to attend a meeting, so I'm guessing that would be formal.
Sorry don't want to be misleading anyone, only just qualified as a workplace rep last week, just trying to help.

No problem.

Not all meetings fall under the Disciplinary Procedure. Although an investigatory meeting is formal in the literal sense of the word, it does not usually come under the Disciplinary Procedure, so the legal right to be accompanied would not normally apply (but it is always worth checking the company's disciplinary procedures to be sure).

Well done on qualifying as a Rep... and good luck!

phathanded

k66yla how long did it take for you to qualify to become a workplace representitve and what did it involve? I am very interesed in this and there is a vacancy at our place of work if i still have a job to go to fingers crossed.