Told I was Under Investigation on 9th June 2017

John_Bob_Smith

In June 2017 I was told that I was under investigation for potential gross misconduct which could result in my dismissal.

I work for a large organisation in the UK, and has a dedicated department for dealing with these matters.

In August I was interviewed by my work place's internal governance.

Yesterday I received a letter inviting me to a meeting next week where the decision maker would interview me, then tell me the following week whether I'm getting fired or not.

I've had this hanging over my head since June of this year. I've read ACAS and although it does not give any time limits it does mention that these things should not be delayed.

If I do lose my job, how likley am I to win a tribunal against my employer for the sheer incompetnece they've shown in handing this situation?

lulu650

John_Bob_Smith wrote: »

.....If I do lose my job, how likley am I to win a tribunal against my employer for the sheer incompetnece they've shown in handing this situation?

Unfortunately the length of the investigation takes as long as it takes.

You would be best spending time preparing for your disciplinary hearing next week. Have you read your employer's disciplinary policy? Have you been sent all the relevant paperwork from your employer? Are there any witnesses you need to call upon? Who will be accompanying you?

sangie595

John_Bob_Smith wrote: »

On the 9th of June 2017 I was told that I was under investigation for potential gross misconduct which could result in my dismissal.

I work for an orginasation in the UK that employes over 60k people, and has a dedicated department for dealing with these matters.

In August I was interviewed by my work place's internal governance.

Yesterday (08-11-17) I received a letter inviting me to a meeting next week where the decision maker would interview me, then tell me the following week whether I'm getting fired or not.

I've had this hanging over my head since June of this year. I've read ACAS and although it does not give any time limits it does mention that these things should not be delayed.

If I do lose my job, how likley am I to win a tribunal against my employer for the sheer incompetnece they've shown in handing this situation?

Not even remotely likely. There's no evidence of incompetence anyway, but unreasonable delays count in the years, not the months.

Here's a strange question. Did you did it? Because that really is what matters. Did you do it, and what evidence do you have that you didn't. Trying to rely on a technicality, not that there's appears to be one right now, but it's desperate. Technicalities can sometimes win tribunals - but tribunals aren't daft and they'll reduce anything toy might win if they don't believe you, or if you are obviously guilty.

When people are innocent of what they are accused of, that's usually the place they start screaming - not on the technicalities.

John_Bob_Smith

I've provided a lot of evidence, including emails from the people involved that show several of the charges against me to be lies. However I can't provide any evidence to disprove the other charges (I had everything thrown at me), as several people are in on this. The one person that backed up my side of the story has had their character attacked in the other people's statements.

ScorpiondeRooftrouser

Why on earth haven't you left the company already if the majority of people working there are conspiring to wrongly convict you?

aife

ScorpiondeRooftrouser wrote: »

Why on earth haven't you left the company already if the majority of people working there are conspiring to wrongly convict you?

If he hasn't done anything wrong (obviously neither you or I can know this ) - 1) Why should he leave ?
2) - leaving could be seen as admitting guilt
3) - not everyone can afford to just quit their job

These situations can get out of hand , often people start trying to cover their own backs and it can be convenient to let an individual be thrown under the bus

TELLIT01

I can understand the OP believing that it has taken too long to resolve the situation but evidence gathering and corroboration will take time, particularly if there are a lot of people involved. Better overall for all the T's to be crossed and I's to be dotted before a decision is made, than to charge in and potentially make a wrong decision without all the information.

sangie595

TELLIT01 wrote: »

I can understand the OP believing that it has taken too long to resolve the situation but evidence gathering and corroboration will take time, particularly if there are a lot of people involved. Better overall for all the T's to be crossed and I's to be dotted before a decision is made, than to charge in and potentially make a wrong decision without all the information.

Yes, And given that I have a very good idea of where the OP works - the language is a give away - then these investigations are exhaustive, and they'll make sure that they have covered everything. On the positive side, the employer will extend that to b people with less than two years service, and would have other options than dismissal for even relatively serious allegations. Obviously that doesn't mean they won't dismiss - we don't know what the allegations are - but at least it is better odds than they'd get in many work places, especially where several people have made allegations.

The problem with something like this is always that if there is a weight of evidence from multiple people, it is going to bear heavily on the employer. At one level, the OP says they didn't do something, and why would they lie? But equally, why would several people all lie? It is nigh on impossible to untangle this, and unless the employer had clear options and alternatives, in the end, no matter what, they may decide that discounting the evidence of several people for the evidence of one is too disruptive to the workplace. That isn't really "fair", but life isn't.

ScorpiondeRooftrouser

aife wrote: »

If he hasn't done anything wrong (obviously neither you or I can know this ) - 1) Why should he leave ?
2) - leaving could be seen as admitting guilt
3) - not everyone can afford to just quit their job

These situations can get out of hand , often people start trying to cover their own backs and it can be convenient to let an individual be thrown under the bus

He should leave because it's obviously not going to be a good place for him to work, whether he's in the right or in the wrong. If everyone in a company hates you, then it's ridiculous to stay there - they are not going to get rid of everybody else and keep you, especially if "everybody else" includes the people doing the hiring and firing.

I can't imagine wanting to stay at a company that didn't want me. I'd go somewhere where they did. If you genuinely can't find any other job then you stay until they fire you but if you genuinely can't find any other job, that could be a clue as to why they want shot of you.

In the end the reason he should leave and find a different job is because it would be much better for him to do so. He'd be happier.

IAmWales

aife wrote: »

If he hasn't done anything wrong (obviously neither you or I can know this ) - 1) Why should he leave ?
2) - leaving could be seen as admitting guilt
3) - not everyone can afford to just quit their job

These situations can get out of hand , often people start trying to cover their own backs and it can be convenient to let an individual be thrown under the bus

If the world was fair and we knew justice would prevail in the end, your advice would be right. However there are some situations that just can't be won, and on the information given OP would have been far better to find another job and leave quietly. Sometimes we have to accept that things are not going to end well and do what is best to minimise the outcome.

OP do you not have union representation? Are you in a regulated profession?

ReadingTim

aife wrote: »

If he hasn't done anything wrong (obviously neither you or I can know this ) - 1) Why should he leave ?
2) - leaving could be seen as admitting guilt
3) - not everyone can afford to just quit their job

These situations can get out of hand , often people start trying to cover their own backs and it can be convenient to let an individual be thrown under the bus

Indeed - any if you are the individual concerned, sometime it's better to jump out of the way before you are thrown under the bus...

This is the dilemma in the real world, not the fantasyland scenario you outline.