More advice please

Ronald50

For those who may remember a thread I did about a month ago regarding a complaint made against me in work by a colleague who followed me and some mates to the pub and ended up me telling him to go away in Anglo Saxon terms, who then told my employers I had made racist remarks to him. Sorry about that long sentence and to make this clear, there were no racist comments from me.

I got transferred and the managers announced that the case was being passed to external investigators. The strange thing is, I have heard absolutely nothing since. Surely any such investigation should be done quickly. I know that neither of the other blokes in the pub that night have been approached either.

Can anyone with experience of these investigations shed any light on this? I have done some research, which states that investigations should be done 'without due delay' but it's been a long time now since the night in question and I can't see what they've done to investigate. If they haven't spoken to me or either or the other two, what have they done to start the investigation? And how long can they expect people to have clear memories?

One of the reasons the investigators take cases like this is if they suspect a malicious allegation. That is definitely the case, as I know, but they can't, because I would expect they would interview everyone who witnessed the event as soon as possible, but they have not.

What is going on?

Daedalus

Is the allegation still outstanding? Might be a case that it was dropped and investigation closed without informing you.

You ask HR or your manager whether it still outstanding.

AP007

What is going on?

Erm ask them?

Ronald50

AP007 wrote: »

What is going on?

Erm ask them?

I have spoken to or written to my manager several times now asking what is going on, I have spoken to another manager to ask him to encourage my manager to provide some information. No replies have been forthcoming. They refuse to tell me anything.

Ronald50

Daedalus wrote: »

Is the allegation still outstanding? Might be a case that it was dropped and investigation closed without informing you.

You ask HR or your manager whether it still outstanding.

I can only assume so.

Savvy_Sue

Have you asked HR?

You could, if you like, raise a grievance about the failure to keep you informed. Whether or not that would be wise is not for me to judge.

Ronald50

Right, this investigation will now be held next Tues. 6 weeks after I was informed of the allegation, 8 weeks after the event in question.

This does not seem reasonable to me. I have combed the work guidance and it says the investigation should be carried out 'within a reasonable time frame' but doesn't specify what that is.

Anyone know what 'in law' constitutes 'reasonable'?

ValHaller

Ronald50 wrote: »

Right, this investigation will now be held next Tues. 6 weeks after I was informed of the allegation, 8 weeks after the event in question.

This does not seem reasonable to me. I have combed the work guidance and it says the investigation should be carried out 'within a reasonable time frame' but doesn't specify what that is.

Anyone know what 'in law' constitutes 'reasonable'?

Forget about it for the time being. The procedural issues you can bring up later if you need to appeal. You need to concentrate on the investigation.

As I see it, you have not been suspended, just moved, so they do not believe that there is a serious case for you to answer. What is serious for them is that they are seen to have dealt with the allegations properly.

Additionally, they have moved the area where you work in order to avoid any scope for the issue escalating, the other party instigating anything which will trip you up or indeed any scope for contact which the other party could use to base any false claims on.

Ronald50

Hi all again

The investigation has now concluded that I did not use racist language. This much I knew all along. Now they know too.

However, I am still on transfer and have been made to do work of a lower quality for over 3 months now, while the man who made the complaint about me has been left at the other office. Also, a grievance I raised about him spreading rumours was not actioned.

The managers are still attempting to discipline me over what they think was bad behaviour by me. But this was during my own time and not in a work context.

My questions now are: almost certainly they should have acted upon my grievance against him at the time, yes? Also, they should discipline the complainer for telling extremely damaging lies? Also, surely they can not still be making this a work issues when all that really happened was being followed to the pub by an unwanted colleague, a verbal row between us, and him then telling blatant lies about what actually happened.

Also, the procedures for informing me of the outcome of the investigation were not followed by managers. I have taken advice from HR and have it in writing that they increased general anxiety and stress for me by not following their own stated procedures. My specific line manager has not 'stayed in touch with me' during my transfer period either, as he was supposed to. What can I do about that?

I feel as though I have been treated unfairly during this period, and the person really guilty of something has 'got off' with it.

Thanks in advance for any comments.

McKneff

I would just try to move on with your life to be honest.

You've been exonerated.

Youre probably wasting energy and getting stressed, put a full stop to it all and get on with it. You'll feel all the better for it.
Been there, done that.

Ronald50

No I don't intend to. I know what you're saying, but to let him get away with it is extreme injustice.
Also, I might still end up with some kind of warning for something I don't think is any of the employer's business.
Two separate issues I know.
I'd like practical, legal or HR advice please, if anyone has any.