When can or can't you ask for a witness?

AquaGirl

Obviously you can literally ask at any point, there is no being in the world to physically stop you but then hopefully you know i'm not talking in the literal sense For disciplinary hearings you are entitled to a witness i know that much, but what of just questioning or investigations?

I've a feeling i may be called to the office in the coming days but unfortunately i'd rather not go in to detail as i learned this week that one of the managers frequent this website and it really would highlight who i am or at least highlight me as one of about 5.
Thankfully i've not been in the office much but on the few occasions i have when they get a bee in their bonnet about someone or something all the cases went the same way. They alternate between raising voices at you to shouting regardless of how calm you remain, whether you raise your voice also or keep a normal talking tone (i've tried both). They will ask you questions but cut you off as you begin to answer them regardless of whether you give them all the time in the world to speak or not.

The shouting thing is annoying but it isn't my big issue, it's the cutting you off as you begin to answer and not giving you time to say your piece that i find extremely rude. Why ask a question if you don't want the answer. There's one or two in my department who seem to be frequent visitors to the office. All in all everyone has had their turn over the years as well as other departments also. When you talk amongst yourselves it becomes apparent that this experience isn't limited to myself. It seems to happen to everyone every time.
It's probably been about 6-7 years now since i was last in there but i can remember what it was like well enough. Not pleasant.
So if you're just called in for questioning over an incident do you have any right to ask for a witness on the grounds that you believe the questioning will be conducted as i just described? Or is your witness limited only if it progresses to an actual disciplinary hearing?

Hopefully it'll all come to nothing and if i have no right in just a Q&A meeting then i have no right. I'd just like to know in advance as everyone goes in alone and i think being cut off is just so rude. They don't have to like what you say and they don't have to agree with it but at least have the manners to talk and listen to each other surely?

Diamandis

There isn't a right to be accompanied for investigation meetings but if you don't feel comfortable then I would definitely still ask.

nicechap

Genrally, most employers say you have a right to be accompanied by a trade union representative to any investigation or disciplinary meeting. You'd need to look at your company's staff handbook/ disciplinary policy. Might be worth re-reading them.

ohreally

You're confusing witness with companion.

There is no right to be accompanied during an investigatory hearing unless policy permits it.

Be mindful the investigation may turn into a fishing expedition.

AquaGirl

Thank you. If i'm not entitled then i'm not entitled and so be it.

It's just incredibly frustrating when you're asked a question and basically not allowed to properly answer.
So then Mrs AG, why did you do XYZ on ABC date?
Well i didn't believe there to be a problem with this because <cutoff>
WHAT DO YOU MEAN YOU DIDN'T SEE A PROBLEM, ARE YOU STUPID/BLIND/DEAF? HOW LONG HAVE YOU WORKED HERE?
Well i thought it would be ok because <cutoff>
HOW COULD IT POSSIBLY BE OK

Just one example really of how previous meetings have been conducted. This is not just limited to myself but others have commented experiencing the same. If someone has done wrong then fair enough they need speaking to and i will hold my hand up any time i feel i've done wrong but at least have the manners to hear the other person speak and there's no need to start shouting and/or raising voices to display anger. I can see you're angry, that's why i'm in this room with you.

nicechap

So what does your staff handbook/ disciplinary policy say?

lulu650

AquaGirl wrote: »

....It's just incredibly frustrating when you're asked a question and basically not allowed to properly answer.
So then Mrs AG, why did you do XYZ on ABC date?
Well i didn't believe there to be a problem with this because <cutoff>
WHAT DO YOU MEAN YOU DIDN'T SEE A PROBLEM, ARE YOU STUPID/BLIND/DEAF? HOW LONG HAVE YOU WORKED HERE?
Well i thought it would be ok because <cutoff>
HOW COULD IT POSSIBLY BE OK

Just one example really of how previous meetings have been conducted.,,,,,

As the last time you've had a similar meeting was 6/7 years ago, you're not in the habit of making mistakes. You come across as someone who would remain calm anyway, but just answer the questions very precisely and literally to steer him toward having a professional dialogue. As an example......
So then Mrs AG, why did you do XYZ on ABC date?
Because it was quicker
BUT YOU KNOW THAT WASN'T THE WAY YOU WERE TRAINED!
You're right, I'm sorry
DO YOU UNDERSTAND THE TRAINING?
Yes
So this won't happen again?
No, it won't

I'm not suggesting it's correct to shout at any employee and I don't know your circumstances but you'll only be able to give a fuller explanation when he's calmed down and ready to listen.

AquaGirl

I know. I'd really like to give the details as to the incident because i honestly don't believe i have done any wrong. If anything i think it's my line manager who's in the wrong but this line manager is fairly untouchable. Short of walloping someone they can really do no wrong & i'd suspect even if they did wallop someone then the company would just blame the other person for provoking said line manager, they really do appear to be that untouchable based on things they've been able to get away with that no other employee has managed in all my many years there.
Giving the details would obviously make this thread a lot clearer and would help me. The only problem is like i said i recently found out that one of the managers (and one that could very likely chair such an investigation should it happen) frequents this website as they brought it up in conversation. This case i would consider to be actually quite unique so it isn't like i was late and i may be called in which could be any department of any company in any section of the UK. Like i said if i went in to detail then they would be able to pinpoint it down to at least 5 people and it's highly likely they would, based on previous postings as well, pick me out correctly from that 5. Shame. Thank you for your response.

It's all maybe maybe not at the moment. Something will be said, that's a cert because i was on annual leave from Wednesday this week and it's all kicked off big time. Some people have been called in & hands slapped. The line manager from what i've been told appears to have gotten away without a telling so no surprise there if that's correct. 9am tomorrow and i'll find out what's waiting for me.

Pricivius

If you don't think you'll be given the opportunity to speak at the Investigation meeting, then take a written account with you and hand it in at the end. Tell them you wanted to be sure you didn't forget anything and got all your points across so whilst you have answered all questions to the best of your ability in the meeting, you have also helped them out with a handy document setting it all out clearly for them.