False Allegations

fox566

Hi

I recently had a allegation of being threatening and intimidating towards a colleague, this was quickly retracted when my manager said that she would have to investigate it was quickly retracted.

In truth the person in question is not meeting their training needs and was not happy about me broaching the issue in supervision and walked out. I am a little concerned that the person will throw a false allegation into the arena so quickly in an attempt to avoid the issue but is this a sackable offence if it was investigated and proved to be false?

I am keen for my manager to investigate the matter due to my concerns. I am now in a position where I feel the need to document every conversation., though at the same time this is something that will go on my record indefinitely despite the outcome.

Thanks

KiKi

What is it you want to know? Sorry, just not sure what your question is.

fox566

Whether making false allegations is a sackable offence?

I mean I feel awful feeling like this but pushing for it to be investigated is with the outlook that they will be at least disciplined.

Acc72

Ok, afew questions :

You describe the other person as a "colleague" - are you their manager or responsible for them ?

How was the allegation made - eg. was it in writing / who to (how was it retracted) ?

What does "not meeting their training needs" mean ? (are they not doing something that they should be doing?).

Did the other person walk out of work without explanation ?

Hove you spoken with your manager about this ? - what did they say ?


Are your concerns :

That you feel unable to "manage" this person as you are concerned that they may raise an untur allegation if you say something that they do not like ?

You want your manager to look into this to prevent this happening ?

You are concerned that this will be included on your personal file (how was the allegation made - eg. verbal ? - I also thought that the allegation had been withdrawn ?).

fox566

Acc72 wrote: »

Ok, afew questions :

You describe the other person as a "colleague" - are you their manager or responsible for them ? Yes, I am a line manager.

How was the allegation made - eg. was it in writing / who to (how was it retracted) ? The person in question said it to my manager, when my manager questioned what happened in the earlier supervision, it was instantly retracted when my manager said are you sure, I will have to investigate this.

What does "not meeting their training needs" mean ? (are they not doing something that they should be doing?). The person didn't go on set training, I set out to explore this, to which they said it wasn't valid. I tried to explore what would be sufficient training to meet you professional development needs and was told it was personal and they would do their own. I tried to explain that we need to document whatever training the person walked out.

Did the other person walk out of work without explanation ? Out of supervision

Hove you spoken with your manager about this ? - what did they say ? My manager was the person that told me that the allegations were made, but suggested they were done on a whim as an excuse and I was told not to worry about it.


Are your concerns :

That you feel unable to "manage" this person as you are concerned that they may raise an untur allegation if you say something that they do not like ? Pretty much, it seems that they had no problem turning to accusations that would potentially see me get sacked for their own gain.

You want your manager to look into this to prevent this happening ? Yes, though I am not concerned they will not.

You are concerned that this will be included on your personal file (how was the allegation made - eg. verbal ? - I also thought that the allegation had been withdrawn ?).

I asked my manager to investigate as I feel possible disciplinary action may help, though I don't want to be in a position of trying to get someone sacked.. My manager suggested that if it was investigated it would have to stay on my file when it was reiterated that I shouldn't worry.

merlinonline

fox566 wrote: »

I asked my manager to investigate as I feel possible disciplinary action may help, though I don't want to be in a position of trying to get someone sacked.. My manager suggested that if it was investigated it would have to stay on my file when it was reiterated that I shouldn't worry.

If you have a problem with a colleague

One word, mediation

What I have a problem with this thread is that someone has made an allegation against you.

You say threatening and intimidation, so you mean bullying in other words. I'd be careful because this could bite you somewhere sensitive fairly quickly.

Feeling the need the have someone disciplined for making a complaint makes you sound like you have an axe to grind.

So you say this has been dealt with by your line manager, if your not satisfied then bring a grievance.

Uncertain

fox566 wrote: »

I am a little concerned that the person will throw a false allegation into the arena so quickly in an attempt to avoid the issue but is this a sackable offence if it was investigated and proved to be false?

Theoretically yes but it would be a brave employer that acted on one allegation alone without some corroborating evidence.

Presumably there are no witnesses?

Also, the phrase "threatening and intimidating" can cover a huge range of behaviours and a lot would depend on the culture of the particular workplace. What one person may, genuinely, view this way another may see as no more than a difference of opinion or even light hearted banter.

colino

If you were falsely accused of threatening or intimidating anyone in the workplace you must insist your emplyoer thoroughly investigates the matter and comes to a formal, recorded conclusion.
Weasel words from weasel people might come back up again if unchecked, with the, "defence" that they were too scared earlier to see the first complaint through.

fox566

colino wrote: »

If you were falsely accused of threatening or intimidating anyone in the workplace you must insist your emplyoer thoroughly investigates the matter and comes to a formal, recorded conclusion.
Weasel words from weasel people might come back up again if unchecked, with the, "defence" that they were too scared earlier to see the first complaint through.

See I get what other people are saying in regards to such things as mediation (this is happening) and I feel my employer purely called the persons bluff when suggesting that they would need to investigate it but this is my concern. There are certainly no grounds this complaint. I firmly believe that this was more an act of desperation due to the position the person found themselves in, instead of looking at whatever issues there may have been to throw an accusation around is an attempt to change the direction. I know I have nothing to hide, but if I do not follow it up what is to stop another allegation taking place and this becoming more serious.

Uncertain

colino wrote: »

If you were falsely accused of threatening or intimidating anyone in the workplace you must insist your emplyoer thoroughly investigates the matter and comes to a formal, recorded conclusion.
Weasel words from weasel people might come back up again if unchecked, with the, "defence" that they were too scared earlier to see the first complaint through.

You can ask, but you can't "insist". You don't have any power to force the employer to do this.

Uncertain

fox566 wrote: »

There are certainly no grounds this complaint.

You can't absolutely say that. It may well be you didn't INTEND to be "threatening and intimidating" but it is perfectly possible that is how this person felt.

I firmly believe that this was more an act of desperation due to the position the person found themselves in, instead of looking at whatever issues there may have been to throw an accusation around is an attempt to change the direction.

You may well be right. You at least (presumably) have some evidence to back up your concerns about this person's performance but s/he (presumably) doesn't have anything to back up their complaint about you?

I know I have nothing to hide, but if I do not follow it up what is to stop another allegation taking place and this becoming more serious.

All you can do is respond to your superior in writing and keep a copy in case their's gets "lost".