Done something wrong - dont know what

cantcope

I've not been there long enough to trust anyone 100% and how do i know that people i think i can trust arent the one thats made the allegation about me?
I've not had anyone approach me about it but if i do i will be telling HR straight away.
I'm just so shell shocked. I thought i was a nice supervisor. I treat people fairly and with respect. The team even asked where their sweets were this week?! as i usually take some in that i've treated them to at the weekend.

Maybe i'm better off out of a place like that. I remember being so happy when i got this job. Now i'm regretting putting so much hard work and effort into it.

dmg24

It is horrid, and I know what you mean about the trust issue. The only reason I knew that I could trust my friend is because she was also having big problems at work, and the allegation had been made by a man, so definitely nothing to do with her. But even then it is difficult to be 100% ...

Was it definitely a member of your own team that made the complaint? Do you know who you allegedly said something to?

I would hope that Sue's example is more relevant to your situation, but it really depends on the motivations of the management, and exactly what was allegedly said.

Keep in touch with any news x

mrging

The Employment Relations Act 1999 (*edit* Section 10) states that an employee has the right to be accompanied to a disciplinary hearing.

Depending on the size of your company the hearing should still go ahead but wiht someone other then your boss in charge e.g someone higher up.

They should also present you with all relevent evidence and ask you for your version of events BEFORE they start any disciplinary proceedings.

Something else they should be contacting you about the hearing be postponed failure to do so will go against them in any Employment tribunal.

Also remember that whatever the outcome you have a right to appeal the decision and you should be informed of this.

I suggest you contact your trade union and state whats happend and is happening they may not be able to help you but I guarentee they will be very interested in how poorly the company is handling. You need solid advice from somewhere because what their doing to you is borderline illegal I would probably contact CAB about this now.

Whatever the outcome of the hearing you should file a grievance to your company telling them how poorly they handled the suituation.

mrging

Ok quick look and i came across this its worth a read.

The proposed standard disciplinary procedure provides that:
- Employers will have to inform employees in writing of the alleged conduct that led him/her to contemplate disciplinary action, and invite the employee to a disciplinary meeting to discuss the allegation
- The meeting must take place before any action is taken (except in the case of suspension)
- The meeting must not take place unless the employee has been informed of the basis of the allegation and had reasonable time to consider it
- The employee must take all reasonable steps to attend the meeting
- After the meeting, the employer must inform the employee of the outcome and advise him/her of their right of appeal
- If the employee does not wish to appeal, he/she must inform their employer
- If he/she does wish to appeal, a hearing must take place
- After the appeal, the employer must inform the employee of the outcome


http://www.personneltoday.com/articles/2003/08/05/19978/disciplinary-and-grievance-procedure-rights-and-best.html

cantcope

Thank you.
They havent told me whats been said other than what i've posted above and they havent told me who. Just that it was someone on my team.
I've not had anything in writing other than the reply to my email about asking if the hearing was still going ahead on Monday. and that took 3 and half hours to get a response!
Does anyone know if there are any timescales on how long this should take? I'll be off sick with stress if it lasts much longer and that won't do me any favours.

How do i know if its a disciplinary hearing or not? Are there other types of hearings?
I really have no clue whats going on or what could happen

Bagpuss1973

Hi cantcope

Sorry to read you are going through this. I luckily haven't been in your position..but do you have any occupational health team higher up in the organisation who you could talk to?

Sounds to me from what you have written - you have only been there 6 months...is there some sour grapes from someone who thought they should be doing your job?

Also if we've ever had a problem the person involved MUST be told about the allergations before the meeting in order that they get an opportunity to put their side.

Wish you well

Bagpussx

Zazen999

Hi.

You don't know anything until they tell you in writing; they have already breached the standard discipline practice by telling you there is a problem and not giving you any facts and not allowing you to defend yourself.

It is very confusing, so lets go to first principles.
Good practice states that you should be told, in writing, what the accusation is. You should then be called to a face to face meeting to put those alleged accusations to you. At that meeting, you should also be presented with the points in writing. This letter will usually detail the time and date of a disciplinary hearing; at which you have the right to be accompanied.
You then attend the hearing, put your points across. It is then usually adjourned and the people hearing the case will decide for or against you. If it goes against you; you then have the right of appeal, at which point a manager more senior to the most senior one in the original case [usually your manager's manager], will take that hearing, and will reconsider. If it goes against you; then you need to know at what level this is. It will be a verbal warning, a written warning, or in the case of gross misconduct; a dismissal.

I cannot see in any way how this could possibly be gross dismissal; if it is your first case then it would probably be a verbal warning. These tend to stay on file for 6 months and then cannot be taken into consideration if you do anything wrong after the 6 month point.

So: judging by what you have said; even if you did mistakenly do something silly; it would probably be a verbal warning.

I would suggest that if it is somehting silly, it should have been dealt with informally; which means that they should have called a few people in, found out the facts and then had a quiet word; you would have been upset for a day or two and then forgotten about it, learnt from it, and got on with life.

The very fact that they are making a big deal out of it blows everything out of all proportion. Usually, if the management are a good lot; these things are dealt with in a couple of days, max a couple of weeks. They have not suspended you, so they cannot think it is serious.

There are all sorts of thing you can do: hang on and wait, go off with stress, shout and holler and demand retrubition; become bitter and twisted etc. If this had happened to me; I would be inclined to write to the HR dept, in your manager's absence. State that you are concerned that you have been told something has been said about you; you have not been informed of what that something actually is; you have been asked to attend a meeting, which was then cancelled and again, you were not informed of this cancellation until you enquired yourself whether it was going ahead or not. I would refer them to the ACAS procedures, and ask them which procedure they are following here; is it a grievance, a disciplinary, and what are their next steps intending to be; as you have not been given any guidance from internal procedures and currently this situation does not seem to be following the ACAS guidance. State that you really enjoy your job, but they are not allowing you to perform it to your ability with this hanging over your head; and you wish to get it resolved prior to the Festive break.

Make sure you keep a copy of the letter, in case you need it in the future.

Do take someone with you if you attend, any meeting, it is your right and if it is someone from outside the company, insist that they had requested that you do not discuss it, so you were unable to bring someone from inside the company. If they block the person from attending, then insist that you invite an internal person; have someone in mind before you do go in.

ohreally

It's not a disciplinary hearing, it's an investigatory and to be honest i would expect you to be suspended on full pay pending the outcome.
Is there any possibility you have made an off the cuff comment to anyone regarding a team members absence?

cantcope

I dont know. Not that i recall but that doesnt necessarily say it didnt happen.
My team are constantly gossipped about because of their high level of sickness so although its possible i honestly dont remember.

ohreally

cantcope wrote: »

so although its possible i honestly dont remember.

Sorry, but this isn't really the right answer. If your role includes receiving potentially sensitive information re the medical fitness or otherwise of team members then it is imperative that you never discuss any outcomes with any of your subordinates...it shouldn't be a case of maybe i did, maybe i didn't , i really can't remember - there should be nothing to remember.

If the outcome of an investigation suggests you have been indiscreet, expect a disciplinary hearing to be convened.

Also bear in mind that whatever management decision is reached, the aggrieved workmate may prosecute a grievance against you.