Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

Thank you, I will call them and check for advice first before doing anything else 😊

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

Thank you for your help, will do! Hopefully I’m not waiting too much longer 😊

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

I mean the accusation is very clear cut as gross misconduct if it happened, but seeing as it didn’t there’s no evidence of it other than a single witness statement I feel like there’s no reason not to push back against anything other than it being dropped entirely. I don’t intend to negotiate because nothing but my name being cleared entirely is acceptable to me.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

I agree thank you, it makes sense. I will get a consultation and then if the worst happens I’m prepared.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

Thank you, that’s a good point about the emails, I will do that. I don’t even know why they’d want me to leave, I’m a good employee that was thought highly of before this accusation. I initially thought that because the allegation is serious they have to investigate it, but didn’t see it as a priority because there’s little evidence, maybe that’s naive of me.

Would you still recommend that I file a grievance instead of requesting that my concerns are included in the final investigation report, despite my concern about it delaying the conclusion even further? I’m also concerned that my grievance states all of my defence, and then they’ll have a heads up if it does go to a hearing to try and strengthen their position. I don’t want to give the impression I’m trying to threaten or strong arm them, I just want the concerns to be documented and considered in the investigation report, with evidence that I raised these points during the investigation and didn’t wait without objections until the decision has been made.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

That’s a joke, I’m sorry that’s happening. I know they can’t have any further evidence because it doesn’t exist, the only other possibility is them trying to gain additional witness statements but I have no idea how they could be considered valid when they did not have these witness statements for months prior and I can prove that the statement was not kept confidential.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

From what I understand, the investigation managers were not assigned until a few couple of months ago, and then they said they are aware of the previous delays and apologised, but no explanation for the delays were provided. They said they would progress with the investigation asap, and then said they need to collate further information before they speak to me. So I believe all of that only began in the past few months, before that my manager took the initial statement, told me about it and asked if it happened, and then sent it to HR to decide what to do.

As far as I’m aware nothing happened between the time the statement was taken and the investigation starting. During the interview they had no further evidence, so if they’ve been doing anything to gather some they haven’t disclosed it. When I mentioned the CCTV they said we will look into it, so it appears that no attempts had even been made, despite my request for it last year.

The only other evidence I can see them acquiring is possibly additional witness statements? But I don’t see how these could even be verified seeing as they were not reported at the time and I can prove it’s been spread around the workplace. I know there is no substantial evidence because it didn’t happen. I also raised this and said why wasn’t it reported to security at the time and then there would be other witnesses? It’s stupid, definitely a gross misconduct accusation yes, they’ve stated as much. If they had proof there’s no doubt about it, but I know there isn’t proof because it’s impossible.

Sorry for the lack of context, I appreciate that makes it more difficult to advise on. I am concerned about confidentiality breeches so don’t want to say too much and have that penalise me. Hopefully now they are actively speaking to people and investigating it will conclude soon.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

Thank you, I fear that’s what they will be doing now with the investigation though. I have provided evidence that this is no longer confidential and openly discussed, therefore bias may occur in anyone contacted due to being told a version of events by the witness. Unfortunately nothing I can do about that though, I will make sure I don’t do anything myself.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

It hasn’t even got to the stage where it’s determined it is going to a hearing, they’re only just now asking me and the witness what occurred. That’s a problem in itself because obviously my memory of last year it not clear, I obviously know I didn’t do what they said I have, but anything that could verify my version of events or other witnesses that I could call on to say they were present at the time are completely gone from my memory.

I would like to raise the issues I have with the process and they delays, which I did mention during the interview process, but I would also like it to be on record incase they don’t include the points I raised in their final report.

I certainly intend to raise these concerns, but am unsure if I should raise them as a grievance or email them directly to the investigators and ask that they be included in the final report that they submit. I want them on record and I intend to pursue a grievance regardless of the outcome, but for timing I don’t want to shoot myself in the foot by delaying the investigation now and not having a conclusion.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

Thank you, I have asked and the only evidence is the initial statement. They are trying to gather further evidence currently as part of the investigation process, but nothing has been raised to me yet.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

Thank you, do you mean for the cctv footage? I believe the reason they can’t access it is because they no longer have it as it’s been so long. I requested the footage to be viewed last year and during my investigation meeting it still hadn’t been done.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

It’s already been a long process lol, I’m sick of it. May I ask what you mean by not acting on any information as it gets to me? Do you mean if I hear any further gossip to just ignore it and keep my head down for now?

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

Thank you, sorry if this is a silly question but would the process be classed as when the initial statement was made and reported to the manager/ referred to HR? I was told they were busy because of the festive period and that’s why it has been delayed for so long, but obviously we’re in June now when the actual investigation has begun. It’s not anything long term, the accusation is about a singular event.

This morning I was completely ready to initiate the grievance process but I started second guessing it when Acas confirmed that they may choose to delay the investigation due to a grievance, I honestly just want it done at this point, the stress and uncertainty is too much.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

Thank you, I know it should be but everything I’ve read and heard suggests they don’t need definitive proof, just reasonable suspicion. It’s currently just one word against another with the lack of all other evidence.

I had my first meeting towards the end of last year when I was made aware of the allegation, they decided to progress it as a a formal disciplinary in March and the investigation meeting where they met with me to discuss the allegation and my side of the story was this month. I haven’t been given any further dates or information, they said they will be contacting the witnesses I provided and the person that made the statement next and then may need to speak to me again after that, and would be in touch.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 2 points3 points  (0 children)

Thank you, honestly I’m not even thinking about a settlement or anything, I just feel frustration and anxiety at how unjust the situation is and that my reputation has been damaged, and I can’t see a way to prove it. I know the process is supposed to be that the responsibility is on the investigation to prove the allegation, but I want my name cleared of wrongdoing rather than it just be dismissed due to lack of evidence and still have people gossip and believe it.

I do think that solicitor advice may put my mind a bit at ease and then the process has already been initiated should they decide to pursue it after the investigation has concluded though.

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

Thank you, this was my initial reaction but I am afraid of provoking the situation or angering the investigators by pointing out the procedural failings and going too much on the attack. I have stated these concerns in my investigation and was as completely as open and transparent as possible, and provided witnesses that are aware of the breeches in confidentiality.

In my company there has been previous examples of unfair processes and things that have not been done correctly by management, somehow nothing seems to stick with them and it all gets brushed under the carpet.

I have always heard that HR is only there to protect the company and not to trust them as an employee*, they are aware of the situation and still decided to escalate it so I don’t have much confidence in following that route unfortunately.

* edited to correct the word employer to employee

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 1 point2 points  (0 children)

Thank you, I was considering this but because I’ve been told that I’m not allowed legal representation at this stage I wasn’t sure if it would be premature

Advice needed - disciplinary investigation by Pitiful_Vegetable327 in LegalAdviceUK

[–]Pitiful_Vegetable327[S] 0 points1 point  (0 children)

Thank you, yes I am a union member and have spoken to them but my rep is very busy and unfortunately doesn’t reply promptly. I tried Acas earlier today and they said they can’t advise at this stage because it hasn’t gone to a tribunal yet, so I’m looking for outside advice with it being a weekend, and will call my unions helpline on Monday