Misconduct Allegation

[dg252]

Context - I am a student working for my university on a casual basis in multiple roles, each with their own contract and line manager although all with the same payroll number. This misconduct allegation pertains to one role in particular.

I have received an email from my line manager on March 6th stating they are calling me to a meeting to discuss an investigation regarding alleged misconduct that occurred during November 2016. I am not aware of any misconduct, however my employer is refusing to provide details of the misconduct prior to the requested meeting, thus preventing me from seeking advice prior to a meeting.

They claim the meeting forms part of an investigation into the misconduct, however is not a disciplinary meeting. Thus, I am also being refused a copy of the misconduct or disciplinary procedure. They have suggested I take a "friend or colleague" to the meeting, which I feel sounds more like a disciplinary hearing than an informal meeting.

The employer has suggested the misconduct relates to harassment or bullying however I cannot at all think what this would relate to...

I have no experience of matters like this. I have been planning on resigning for a few weeks now, however I am unsure how this will impact upon this allegation or my other roles within the University.

I pretty much need some advice as to what my next steps should be. I am reluctant to attend a meeting without being informed of the exact nature of the allegation, however I also have an anxiety disorder which has been exacerbated by this allegation. Presently I have requested further detail twice only for this to be refused, and I requested a reasonable alteration to procedure (ie telling me what the allegation is) under Section 20 of the Equality Act which was also refused.

I am happy to provide further detail of needed. As I said I am really out of my depth with this allegation and I don't know how best to proceed.

Thanks!

[mariefab]

They have stated that this is not a disciplinary meeting but an investigation meeting. For an investigation they don't have to provide you with the details in advance. They have already made a reasonable adjustment by suggesting that you can take a friend or colleague (which is not usually permitted at the investigation stage).

However, they must provide you with a copy of their disciplinary procedure. In fact this should have been provided within the first 2 months of your employment. See Employment Rights Act s.3

https://www.legislation.gov.uk/ukpga...nt-particulars

[Phaeton]

Have they stated it's your misconduct the meeting relates to?

[dg252]

Thank you both for your advice so far. I have again requested a copy of the disciplinary procedure, this time with reference to the Employment Rights Act.

They have confirmed that it has been alleged that I have engaged in misconduct.

I have also learned that the first stage of the disciplinary process is an "informal meeting", which is why I am being very cautious regarding attending any informal meeting...

[Phaeton]

Are you member of the Students Union? I would ask to be accompanied just to ensure if there are any notes/minutes they reflect an independent accurate view

[dg252]

Yes, I am a member of the Students' Union here and have approached them for advice, and they are happy to endeavour to attend however have suggested that I may be best asking someone with current employment law knowledge to attend the meeting instead.

I'm just really taken aback by an allegation of misconduct and I am now struggling to sleep (hence posting at 3am). I have existing anxiety issues and this situation has made them a lot worse.

[mariefab]

Although you're not entitled to be informed about the reasons for the investigation. you already know that an allegation of bullying or harassment has been made against you.
The fact that they are investigating is good news for you. It means they believe that whatever they've heard so far is insufficient to go to a disciplinary.

Bullying can be a matter of an individual's subjective perception. Because people have infinitely variable levels of sensitivity a person could feel bullied if they are told No when they expected/hoped to be told Yes.
Sometimes accusations of this kind are made when people feel under pressure or even in a tactical way to distract negative attention away from themselves.

Harassment should be a different matter because it has a particular meaning in law. (i.e. it should be related to a protected characteristic like sex, disability etc.)
But this isn't always the case because it also has an ordinary day-to-day meaning. Again it's subjective, so sometimes people will claim that they feel harassed when they are under pressure or when they are simply asked to do something more than once.

The only way for you to find out exactly what you are accused of is to attend the investigatory meeting.
A companion with employment law knowledge can't help you at that stage.
If the person who conducts the meeting has a written list of questions, you should ask for a copy at the meeting.
Whoever you take with you can take notes on your behalf. So, the primary qualification for your companion is fast and accurate note taking.

[dg252]

Okay, I will make attempts to attend the meeting. My anxiety may act as a real barrier but I will try.

Thanks for all your help