disciplinary

elsien

It's because sometimes people come on here and have done what they are being accused of and are trying to mitigate the outcomes, but it takes them a while to get to admit to that. It's not about giving you the benefit of the doubt, that would not be helpful. It's about trying to make you aware of all the implications and possible outcomes so you are prepared. But we're not experts (well I'm not anyway) so if you need proper legal advice you may need to pay for it as already stated.
You didn't answer about being in a union either - if you are, they should be your first port of call.

You really need to clarify what's happening on Wednesday - investigation or disciplinary meeting as they are two different things. And as already said, get hold of the disciplinary procedure. If it's a disciplinary meeting, you have the right to be accompanied by a trade union rep or colleague, if it's an investigation, you don't.
So think very carefully about how you phrase things so as not make things worse. Iammumtoone's suggestion is a good one.

Danielpyne

elsien wrote: »

It's because sometimes people come on here and have done what they are being accused of and are trying to mitigate the outcomes, but it takes them a while to get to that point.

You really need to clarify what's happening on Wednesday - investigation or disciplinary meeting as they are two different things. And as already said, get hold of the disciplinary procedure. If it's a disciplinary meeting, you have the right to be accompanied by a trade union rep or colleague, if it's an investigation, you don't.
So think very carefully about how you phrase things so as not make things worse. Iammumtoone's suggestion is a good one.

thank you for the reply. it is a disciplinary meeting and i was told theyre very disappointed. the 'investigation' is complete it is just a discussion with this person. they said that if i have any witness to call or i want to submit evidence i need to do so by monday and they will take statements off people in my defence.

many people will write a statement to my belief, and in my favour but cannot say for 100% because they were not present. only that can write about my character and this is why i am asking about this. would it help that people write a statement saying he was very drunk

elsien

Telling you they're very disappointed sounds as if they're prejudging the outcomes. Have they offered you the right to have someone in with you?

Danielpyne

yes they did tell me that and ive had a number of offers from people. but i am not in a union (sorry i forgot to reply to that earlier)

theoretica

I wouldn't look to rope other people in to witness how drunk this character was. I would ask them to say if they think he didn't seem in a fit state to be gossiping with anyone or interested in anything other than himself. Were you helping him alone?

Danielpyne

i was not helping him alone. i was assuring him that everything is fine and will be okay and not to worry. other people at first were finding him something really quickly to be sick in because the toilet was out of the room and up so many stairs and he wouldnt make it. then they were consoling him and he was sat the throwing up his head was spinning and it seemed to me he was concentrating on breathing and recovering. there were times we were alone yes

nicechap

Danielpyne wrote: »

it feels like being attacked people coming on to a message board and making out that im guilty for something because in a post i did not state clear enough i was innocent its like wow, maybe have some benefit of the doubt? and im not flying off any handle either.

ive never had any history of anything i do not get involved in social occastions at work do not see anyone outside work im a bit of a loner i go to work get my head done and leave. i am not important enough to have history with anyone i go to work and do what im told and if i dont im sacked. the person in question this is really the second time i ever saw him.

people at the time was saying how drunk he was and some sat on his table saying he drank alot and when i went back to work they said he was the only one hammered.

so i can ask them all to do witness statements saying he was very drunk and that i have never said anything gossip like to them about this or anything else they have already told me they will do that but no past history between us

Danielpyne wrote: »

thank you for the reply. it is a disciplinary meeting and i was told theyre very disappointed. the 'investigation' is complete it is just a discussion with this person. they said that if i have any witness to call or i want to submit evidence i need to do so by monday and they will take statements off people in my defence.

many people will write a statement to my belief, and in my favour but cannot say for 100% because they were not present. only that can write about my character and this is why i am asking about this. would it help that people write a statement saying he was very drunk

Danielpyne wrote: »

yes they did tell me that and ive had a number of offers from people. but i am not in a union (sorry i forgot to reply to that earlier)

So they should interview anyone else that was attending to him whilst he was being sick. They can give their personal recollection that they did or did not hear what is claimed to have been said.
They may also give a view as to whether he appeared confused or hallucinating or was non verbal throughout. Whether he appeared to listen to them and was compliant or combatitive with the help offered.

Any of which could go in your favour or against you.

You may also find out how much money its cost you by not being in a union.

lulu650

On Monday you will receive the suspension letter and you will also need a copy of the company's Disciplinary procedure and the statement from the guy making the allegation against you. If you don't receive those on Monday, ring and ask for them as you need to be prepared for Wednesday's disciplinary.

I suggest you also ask that everyone who was helping during the incident be interviewed and statements taken. You will need a copy of each statement asap in order for further preparation on Wednesday.

I'm finding it difficult to understand talking about your "boss who is pregnant is a s*** who is pregnant by the area manager" when someone is being sick. I can only think that any sort of conversation surrounds getting drunk at a Christmas party when the guy has only been there a few months and how his (and your?) boss will not be impressed and it carried on from there. That's why it's important you have that statement prior to the disciplinary in order to have context.

Assuming you have never spoken about management in a derogatory manner before, perhaps that's a question to be asked of colleagues who were helping when statements are taken. Up to you.

tuodtoearth

Just deny his claim, insist he was drunk and provide proof he wasn't food poisoned. Check what he foods he ordered at the Xmas party, and if someone else ate the same foods why didn't they get food poisoned? Also use the staff working there to testify no one who ordered the same foods reported any food poisoning.

Undervalued

Danielpyne wrote: »

so i can ask them all to do witness statements saying he was very drunk and that i have never said anything gossip like to them about this or anything else they have already told me they will do that but no past history between us

Yes, you can. If you are going to do so I would suggest one or two people who have a trustworthy reputation rather than a great long list.

As I said earlier an employer only needs to hold a reasonable belief that the misconduct took place. You therefore need to show why it is unlikely the allegation is correct. Showing that the colleague was very drunk does not, in itself, prove that what they said was untrue. However it may help you case providing it is handled carefully. Beware of just being seen as throwing mud in the other direction.

You need to counter this calmly and professionally which I realise is difficult if you feel you have been wronged.