Help needed over possible disciplinary please!

Phil_68

Just keep thinking, and being realistic. It's an investigation, do not complicate it with your full arsenal of weapons. Play it honest and straight, that way the one who is the weakest will fall.

He is known to be a pain, a snake, a workshy malingerer so let him show his cards.

You are known to be confident capable and meticulous so show your cards. It's an investigation, to hear both sides. Do you feel that they are out to get you, make an example of you?? I'm not getting that from what you have wrote so don't load you're guns just yet.

Stay calm, focussed and relaxed. Answer in a way that shows your good side, express surprise at the allegations and counter them with reasons for their dismissal of events. If they have anything of great value that you feel needs more time to contemplate, show your wish to give it greater thought to enable you to give it a full answer.

It sounds like they may be finding this more of a chore than you, play along and back them up in throwing this claim out.

Phil.

mountainofdebt

Ronald50 wrote: »

t is the part about 'bringing the employer into disrepute' i don't understand. If he had alleged rudeness or even bullying, I could see it, but I can't see what part of it reflected on the employer.

I used to work for a high street bank and I remember that they used to consider things like being convicted of drink driving as bringing them into disrepute.

Ronald50

mountainofdebt wrote: »

I used to work for a high street bank and I remember that they used to consider things like being convicted of drink driving as bringing them into disrepute.

The salient word there would be 'convicted'. I think my current employer would be the same.

mountainofdebt

Ronald50 wrote: »

The salient word there would be 'convicted'. I think my current employer would be the same.

My point was that something that has no bearing on work may be classed as a good enough reason to dismiss a person - if that's what your t&c state.

tbh it's odd that your manager is saying that it looks bad - are you sure that he's not playing the race card?

antonic

Ronald, can I ask a question ?

Are you a Civil Servant (as you mentioned it your last post).

I am a Civil Servant (not mentioning which Dept I am in), but a few years ago I went through the disciplinary process (and the allegation was correctly proved against me but I was never in danger of losing my job).

The way it played out was as follows:

1) Introductory meeting with manager/managers manager and me (no TU Rep present) when the allegation was put to me and I plead guilty - the managers manager then started discussing disciplinary consequences at which point I said "Stop I am not continuing this meeting without a TU Rep being present" - the meeting was then suspended for me to get representation,

2) Because no Rep was free the meeting was suspended was for approx 5 days until one was free and the meeting resumed.
At that meeting the managers manager concluded that a formal investigation was needed.

3) About a week later I had a formal interview with the Decision Maker and TU Representation and note taker present at which I fully admitted my misdeed !

4) A further week later the decision maker told me that the charge was proved and I was guilty of a level 1 offence and my penalty was a 12 month written warning and did I want to appeal,

5) I said no, accepted the verdict and after 12 months the warning was removed from my file.

Once you have the evidence of what has been alleged ask the meeting to stop and get your TU Rep in, as others have said, before then you are not entitled to have the Union involved.

Good luck & let us know how you get on please !.

antonic

Rules of investigations are that any evidence introduced CANNOT be used by you to make a counter allegation against your accuser.

(Again I should know having been accused & cleared of sexual harassment it was made perfectly clear that whilst my accuser could make the allegation against me, if I was to be cleared (which I was) that I couldnt make an allegation against her of harassment - so I moved on to a different job (with my reputation & job intact), while she stayed put and her name become mud !).

Funky_Bold_Ribena

I think you need to find out what the actual investigation is about first - before you do anything or get yourself riled up and maybe fall into a trap of saying something that might incriminate you.

mountainofdebt

Ronald50 wrote: »

Hmm so I can't make any accusation of harassment against him even though he came uninvited to the pub and stood to one side of us, listening and staring? Perhaps it is better I put that grievance in before the investigation then?

The problem is that even though it clearly annoyed you he wasn't doing anything illegal unless he had a restraining order not to be within a certain distance of you.

antonic

TBH,

My recommendation would be to concentrate on Tuesday and the possible consequences AND then worry about him or you will be stressed out with worry.

It took a year from when the original harassment allegation was made, to the date I was cleared - so I coped by putting it to the back of my mind because I knew I was innocent.

It wasnt easy, but in the end I got the right result.

Ronald50

mountainofdebt wrote: »

The problem is that even though it clearly annoyed you he wasn't doing anything illegal unless he had a restraining order not to be within a certain distance of you.

Strictly speaking, that plus what could be a malicious grievance could form the basis of a civil case. Two connected acts of harassment.

I'm not going there at this point. It's something in reserve.