Legal dispute between former workers

StevenB12

Hey everyone, happy new year to you all, hope it has been kind to you up to now!

Just need a little bit of advice. There's an ongoing legal case between two of my former co workers at my old employer, its mainly a case of harassment and bullying between two senior staff members. 

I have received an email from their HR department asking if I would go for a confidential meeting as they are carrying out an internal investigation, as well as an investigation from an outside party to avoid any bias from HR since its senior people. 

Am I under any obligation to do this or could it turn into a legal obligation down the road?

Thank you!

MalMonroe

Well I guess it depends just how much you saw or heard of the alleged harassment and bullying and how involved you were and how it affected you. 

But - you have left there now. If you don't want to attend that meeting, you don't have to.  And you don't have to give any explanation either, you can just politely decline.

You've left, you've moved on and it's all behind you. Even if it does turn into a legal obligation - such as an Employment Tribunal - you'd only be asked to give a witness statement in writing, you wouldn't have to attend anything if you didn't want to. If you don't have any information to give you can just say that in any witness statement. Nobody can make you say anything. And they can't force you to be a witness if you don't want to be one. (I've been through two tribunals where I was the person bringing the case - witnesses aren't all that reliable and in one of the cases, one witness statement was disregarded as being 'nonsense'.)

I wouldn't worry. It's a dispute that doesn't involve you and if it were me I'd want to be left out of it. It sounds quite nasty. 

Obviously just my own opinion. 

Marcon

StevenB12 said:

Hey everyone, happy new year to you all, hope it has been kind to you up to now!

Just need a little bit of advice. There's an ongoing legal case between two of my former co workers at my old employer, its mainly a case of harassment and bullying between two senior staff members. 

I have received an email from their HR department asking if I would go for a confidential meeting as they are carrying out an internal investigation, as well as an investigation from an outside party to avoid any bias from HR since its senior people. 

Am I under any obligation to do this or could it turn into a legal obligation down the road?

Thank you!

You are under no obligation to do so.

The chances of it 'turning into a legal obligation' are pretty low. If you've already declined HR's request, if they have any sense they will recognise that you could turn out to be a hostile witness, as are many people when press-ganged into something they don't want to do, whether in terms of a witness statement or a guest appearance at a tribunal (the latter is unlikely in the extreme).

theoretica

If someone is being bullied and harassed - or falsely accused of harassment - standing back and refusing to answer questions seems to me to be supporting the bad behaviour and a horrible thing to do.  But asking to do things at a time and in a format that is convenient to you seems reasonable.

Marcon

theoretica said:

If someone is being bullied and harassed - or falsely accused of harassment - standing back and refusing to answer questions seems to me to be supporting the bad behaviour and a horrible thing to do.  But asking to do things at a time and in a format that is convenient to you seems reasonable.

Normally I'd agree - but given OP no longer works there, it seems a bit of a fishing expedition by HR, particularly as two senior individuals are involved. 

StevenB12

theoretica said:

If someone is being bullied and harassed - or falsely accused of harassment - standing back and refusing to answer questions seems to me to be supporting the bad behaviour and a horrible thing to do.  But asking to do things at a time and in a format that is convenient to you seems reasonable.

I'd also agree, a lot of what I "heard" only came from mainly side about the other, but both had made allegations against one another. With it being senior management a lot of it was brushed under the carpet so there was more hear say and Chinese whispers than anything else. Although I did hear things directly from one of them about the other, a lot has probably happened since I left there as well.

Undervalued

StevenB12 said:

Hey everyone, happy new year to you all, hope it has been kind to you up to now!

Just need a little bit of advice. There's an ongoing legal case between two of my former co workers at my old employer, its mainly a case of harassment and bullying between two senior staff members. 

I have received an email from their HR department asking if I would go for a confidential meeting as they are carrying out an internal investigation, as well as an investigation from an outside party to avoid any bias from HR since its senior people. 

Am I under any obligation to do this or could it turn into a legal obligation down the road?

Thank you!

Presumably one or other is suing the company for unfair dismissal? Otherwise it is not obvious why the HR department are involved in a legal case between two employees?

As has been said above, the firm have no means of forcing you to talk to them, other than by getting a witness order to compel you to give evidence in a court or tribunal. Frankly that is very unlikely.

I wouldn't trust their promise of confidentiality. If they make use of anything you tell them it will almost certainly be obvious where the information came from and any notes may well have to be disclosed.

If you feel strongly that one person is in the right, then it is a moral decision for you alone to make as to whether you want to support them. Otherwise I would ignore them or politely decline without offering a reason.

TELLIT01

You could try phoning the HR department to get more information about what they are hoping to learn from you.  If you know very little about the situation between the 'warring' parties simply say so.

Marcon

StevenB12 said:

theoretica said:

If someone is being bullied and harassed - or falsely accused of harassment - standing back and refusing to answer questions seems to me to be supporting the bad behaviour and a horrible thing to do.  But asking to do things at a time and in a format that is convenient to you seems reasonable.

I'd also agree, a lot of what I "heard" only came from mainly side about the other, but both had made allegations against one another. With it being senior management a lot of it was brushed under the carpet so there was more hear say and Chinese whispers than anything else. Although I did hear things directly from one of them about the other, a lot has probably happened since I left there as well.

Leave well alone.

YBR

StevenB12 said:

theoretica said:

If someone is being bullied and harassed - or falsely accused of harassment - standing back and refusing to answer questions seems to me to be supporting the bad behaviour and a horrible thing to do.  But asking to do things at a time and in a format that is convenient to you seems reasonable.

I'd also agree, a lot of what I "heard" only came from mainly side about the other, but both had made allegations against one another. With it being senior management a lot of it was brushed under the carpet so there was more hear say and Chinese whispers than anything else. Although I did hear things directly from one of them about the other, a lot has probably happened since I left there as well.

In a situation as you describe, I'd politely decline citing that you did not witness anything and could only relate gossip and hear-say which has no place in any formal investigation.

pinkshoes

Why do they need you to go in?

If most of what you heard was just "hearsay", then I'd reply to the email telling them exactly that. If one of the two people involved did say something to you, then can't you just write down in an email what was said to you?

If they think going in would help then personally I'd do it, but it would be at their expense e.g. they would be paying petrol and for my time!!

Surely they can just hold a meeting online?

Do these two former employees still work there? (I'm not sure if you refer to them as former because YOU used to work there and they still do, or they left whilst you worked there hence former).