Can a colleague complain months later about an incident

Hi,

I’m asking on someone else’s behalf. It kind of involves an office romance (grooming type abuse of power behaviour) (if you ask me) which went very sour, now people are ganging up against the ‘victim’.

Can a colleague really complain about another colleague three months later? Where does the line get drawn.

The person being complained about has been issued a final warning within the last few weeks and now been told completely a fresh as another incident, colleague wants to make a formal complaint going back 3 months which has really set them back and hearing them in tears and constant battle is just so difficult when I’m incapacitated.

I’m being entwined as witness; am I able to refuse. Do I deny events or say I’m not prepared to speak?  Or please stop naming me as witness against this person?

If there is nothing I’d leant in my current work it’s to get over things quickly and I wish we could all take that approach. How can we get back to team harmony? 

Comments

  • everyone is entitle to raise a grievance

    the hearing manager will decide if it is worth investigating

    if asked, just say what you saw. you don't need to decide on an outcome at all. someone else does that.
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  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    If you have an HR department, you can go to them and tell them what you have written above. You could even raise a complaint of your own about the fact that you are being dragged into something that is really none of your business against your will.

    If you do not want to be a witness then you do not have to be one. Unfortunately, witnesses can be notoriously unreliable and it's usually a case of 'he said', 'she said' with fingers being pointed and nothing being solved.

    You don't want to be involved - do go and see someone in HR or your line manager, if you have one so that you can make this very clear. You just want to go to work to do the job for which you are being paid and that is fair enough. 
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  • diystarter7
    diystarter7 Posts: 5,202 Forumite
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    Hi OP

    For sure they can.  

    Some victims may not have it in them to initially complain for valid and various reasons.

    The same victim at times when they see/hear that the culprit that went unreported before because the victim felt they could not report becuse the may not be believed/bullied/mocked/marginsiled/etc/etc build up guts and at that time report the culprit


    Management, the investigating officer/s will then determine the facts etc by interviewing others as required,

    If management is good, they will be able to tell the difference between fact, fiction and hearsay and build up a picture.

    you can refuse but imo easier to say you don't know, did not see/etc as this can happen even when something is happening close to you and you are busy minding your own business and working.

    Personally, if I was called in, I'd stick to the facts, keep the answers short and sweet and not to forget to say "i dont know, i did not see/hear" etc etc. You will have to live with it

    I've bee called i as a witness against someone I liked and I've had my ow problems via a group trying to undermine my good work. I told the truth and nothing but the truth which led to a big investigation where alsmost all 50 of the team were interviewed some several times and too my surprise people that I felt that really did not like me spoke up in my defence and agsint their friend/manager


    Your choice they cant force you but to make things easier, go in be sensible - ask if its formal or not and decide if you need an advocate/etc inc union rep and if minutes are to be taken demand a copy.

    Having said that, the complaint may fall at the first hurdel

    Thanks.


  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Hi,

    I

    If there is nothing I’d leant in my current work it’s to get over things quickly and I wish we could all take that approach. How can we get back to team harmony? 
    ps - that bit.

    When someone feels aggrieved etc, there is often a lot to it
    Never forget we are all different

    At times, you may be shocked to lear that a co-worker goes off sick that appeared happy at work but then they tell you they had a ervous breakdown/sick becuse of the way some were treating them at work - at times bullying is often covert and many forms of it - read up on it.


    However, your choice but at times some people that keep on upsetting others need to be pulled up to tell them that is nnot ok to do this, that and the other

    We can all forgive and forget but rather than that approach, work on not putting sleves in that position in the first place.

    Thanks
  • Undervalued
    Undervalued Posts: 9,461 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    MalMonroe said:
    If you have an HR department, you can go to them and tell them what you have written above. You could even raise a complaint of your own about the fact that you are being dragged into something that is really none of your business against your will.

    If you do not want to be a witness then you do not have to be one. Unfortunately, witnesses can be notoriously unreliable and it's usually a case of 'he said', 'she said' with fingers being pointed and nothing being solved.

    You don't want to be involved - do go and see someone in HR or your line manager, if you have one so that you can make this very clear. You just want to go to work to do the job for which you are being paid and that is fair enough. 
    That is not true in an employment situation.

    If an employer ask an employee about something that happened in a work situation they are entitled to a truthful answer. There is no "right to silence" as such. 
  • TELLIT01
    TELLIT01 Posts: 17,754 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    If you look at the reports in the papers, complaints can be made years after the alleged offence took place.
  • Thank you all for the advice, I just hoped there was some cut off time like you have with going to tribunal but least I know anyone can bring anything up later now. Definitely food for thought.

    I wanted to speak out but afraid it’s known we’re rather close friends and would look contrived. I only wish I’d stepped in when I felt the two got romantically too close and it seemed so odd after I had an public incident with the accused but forgave. Whilst things got out of control I was going down hill.

    My friend is now considering writing an R letter telling me their mental health can’t take any more. Our company does make a big thing of mental health but not conditions in adults that make them swear, scream and sometimes go out of character.


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