I am a witness, should I approach investigator?

marmage

My colleague is currently undergoing a formal investigation regarding her behavior at work. I have been informed of the allegations made against her, which I believe to be false and taken out of context.

I witnessed the events as I was present during certain discussions. The situation is not entirely clear-cut, as it is not merely a matter of her having done something wrong.

I have already communicated my account of the events to my line manager; however, he stated that he must remain neutral and that there is little he can do at this time.

Should I reach out to the investigator to present my perspective, or would it be more appropriate for the accused colleague to request that the investigator contact me?

This investigation was initiated by HR, and I lack confidence in both HR and the process, as it appears to be heavily biased. I am extremely frustrated because I want to ensure that everyone understands my colleague has consistently performed her duties to the best of her ability and that she is innocent.

ButterCheese

In my experience (NHS), situations like this are often handled appallingly.  I don't know what type of organisation you work for.  The Manager taking action will be unwilling to hear your side of the story as they probably want this person gone.  Your line Manager (if that's a different person) will probably not have the backbone to get involved and stand up for what's right, which is why they've told you they don't want to get involved.  In most organisations there is usually an escalation mechanism where you can go to your managers manager etc, but it rarely works how they describe it.  As you go further up the chain, people tend to want less and less responsiblity for matters such as these.  They want an easy life and would not want to put themselves on the line for a mere mortal.

If the HR department is any good, you should contact them and explain that you want your evidence heard.  but to be honest I don't hold out much hope.  There is only so much you can do, and your colleague must use all the resources available to her to ensure this goes correctly.  

So yes, I would reach out to the investigator.  If it comes from the "defendant" they might think she has briefed you on what to say, so they might exclude you.  Coming directly from you shows that you are taking responsibility for getting your story across.

Whatever the outcome, don't blame yourself.  Just to play devils advocate, there might be other stuff that has gone on or been said without your knowledge that has contributed to this person's disciplinary action.

marmage

Thank you for sharing your perspective. Unfortunately, it is HR who has initiated this process and aligned with the opposing party, who is backed by more senior management, without hearing our side of the story. They are using their authority to get their way, which my colleague challenged, leading her to getting in trouble. I was inquiring because I was uncertain if this could be perceived as the accused not upholding confidentiality, and if my outreach to the investigator could potentially complicate matters further.

TELLIT01

If you haven't already done so, you need to provide HR with the information you gave to your line manager.  Do it in writing and set for 'read receipt' if sent as an e-mail.  Beyond that, there is little you can do at the moment.

elsien

I am going to disagree with the above reply, and I wouldn’t be contacting anyone at this stage. Your manager will have taken a note of your account and passed it on - was the manager doing the preliminary investigation?

An investigation is just that – Gathering evidence and deciding whether or not it needs to move onto a more formal process. Your manager is correct – they do have to remain neutral at this stage.

When it goes to the full amount disciplinary process, if it does, that’s when you can be used as a witness. While it’s still being investigated, let them get on with it. 

M is your colleague in a union?

mybestattempt

elsien said:

I am going to disagree with the above reply, and I wouldn’t be contacting anyone at this stage. Your manager will have taken a note of your account and passed it on - was the manager doing the preliminary investigation?

An investigation is just that – Gathering evidence and deciding whether or not it needs to move onto a more formal process. Your manager is correct – they do have to remain neutral at this stage.

When it goes to the full amount disciplinary process, if it does, that’s when you can be used as a witness. While it’s still being investigated, let them get on with it. 

M is your colleague in a union?

I agree with @elsien to leave it for now.

I would, however, suggest you make and keep a written, dated note of the account you gave to your manager while your memory of it is fresh in your mind.

marmage

This is tricky. There seems to be divide of opinion here. 

To clarify, HR is the one who instigated the investigation. She took the side of the lady who was covered by senior management. 

My line manager i believe was simply informed it was happening. 

The accusations have been taken out of context therefore sounds bad. I want to give my account to make ppl aware that colleague has only ever had the interests of the company ethos at heart, rather than going against them, as the accusation suggests. She challenged the opinion of the lady who had the backing of the more senior management.

Colleague not in a union although I had been encouraging it! She has spoken to a couple of solicitors however, but I haven't been able o get much detail yet. 

maman

If you haven't done already then get a copy of the disciplinary procedure. It should allow for her to be accompanied to a hearing even if she's not in a union.

The procedure should also allow for witnesses and /or a witness statement. Then your colleague should tell HR that she intends to bring you as a witness.

If they don't allow this in advance then she should prepare her own statement to use at the hearing where she explains that you were a witness to the events in dispute and are available for questioning.

If this isn't successful then she'd have good grounds for any appeal if HR are proven not to have investigated properly. 

mjm3346

"The accusations have been taken out of context" 

That's your opinion - If there was a "victim" who was offended by the comments their opinion counts for more than yours (sounds like there is no issue about what was actually said).

Marcon

marmage said:

This is tricky. There seems to be divide of opinion here. 

To clarify, HR is the one who instigated the investigation. She took the side of the lady who was covered by senior management. 

My line manager i believe was simply informed it was happening. 

The accusations have been taken out of context therefore sounds bad. I want to give my account to make ppl aware that colleague has only ever had the interests of the company ethos at heart, rather than going against them, as the accusation suggests. She challenged the opinion of the lady who had the backing of the more senior management.

Colleague not in a union although I had been encouraging it! She has spoken to a couple of solicitors however, but I haven't been able o get much detail yet. 

Nothing tricky about it - people are simply getting on their preferred hobby horse.

You need to make your own decision, but always remember that 'witnesses' very rarely remember what they've seen with any accuracy - and frequently misunderstand what they believe they've seen/heard. Far from helping your friend, you could do a lot of damage...

marmage

Thank you everyone for your perspective, I will certainly be cautious. I can't disclose anymore info incase it is looked up but I think when you see the full story it's obvious my colleague is innocent. And this is an attempt of authority misusing their power.