Accuracy of investigation notes

[Steve-O]

I was investigated for an incident and it went to disciplinary then dismissal and appeal and then tribunal. At the disciplinary I told them the investigation notes were not accurate. They did not dispute the accuracy, ignored my claim and took the notes into account when they dismissed me. At appeal I told them the investigation notes were not accurate and again they did not dispute this, ignored my claim and took them into account when upholding the dismissal. At tribunal I told them the investigation notes were not accurate and again they did not dispute this. My claim was ignored and the tribunal took the notes into account when deciding the dismissal was fair. If the employee claims the investigation notes are not accurate, and that claim is not disputed by anyone, should it then be accepted that the notes are not accurate?

I will also add the investigation notes were not signed or dated by anyone to say that they were accurate.

[leclerc]

Re: Accuracy of investigation notes

But were the basic facts of the dismissal right? If that is the case then I'm not sure that arguing that the investigative notes are wrong rather than the facts of why you were being dismissed. Surely that was the most important aspect of an appeal?

[charitynjw]

Re: Accuracy of investigation notes

The Tribunal is the important bit here.

It has decided, given the evidence put before it, that the dismissal was procedurally fair.

As leclerc has pointed out, if the outcome was, in the main, a correct one, then the notes are of lttle import.

A contract of employment can be brought to a finish by either party; it just needs to be done properly (ie according to the procedure)

[Steve-O]

Re: Accuracy of investigation notes

The facts were not right because they were based on the investigation notes. The investigator put things in his own words instead of my words so it looked like I said things I hadn't and he put that I had made certain admissions which I did not. The disciplinary, the appeal and the tribunal all said because I had made these admissions at the investigation the dismissal was fair.

[charitynjw]

Re: Accuracy of investigation notes

The facts were not right because they were based on the investigation notes. The investigator put things in his own words instead of my words so it looked like I said things I hadn't and he put that I had made certain admissions which I did not. The disciplinary, the appeal and the tribunal all said because I had made these admissions at the investigation the dismissal was fair.

How long ago was the ET hearing?

Did you appeal the decision?

[Steve-O]

Re: Accuracy of investigation notes

The hearing was in april but I didn't appeal I requested a review which was turned down. I now have new evidence which had it been available at the tribunal would have changed the outcome but I was not aware it existed then.

[Amethyst]

Re: Accuracy of investigation notes

Linked thread I believe http://legalbeagles.info/forums/show...re-to-disclose