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Advice needed !

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  • Advice needed !

    Hi all,
    I have recently been made subject of a disciplinary investigation by my current employer.

    without going into detail an issue between myself and a female employee had a falling out after a relationship over 12 months ago she has since left the job and made allegations against me ?

    Now the allegation made against me is false and my employer has stated they cannot investigate somebody who has left?
    is this true as the alleged victim is still attending the weird place to be interviewed and would need to attend any subsequent disciplinary hearing if it goes that far ?
    Tags: None

  • #2
    Sorry I am a bit confused by your post, so can you help me by answering a few questions:

    1. Is the person who has made the allegation against you still employed by the company?
    2. If not how long is it since they left the company?
    3. Do you know when the allegations against you were first made?
    3. Have you been suspended or are you still attending work?
    4. You mention the person needing to attend a disciplainary meeting, why is this have you made counter allegations against them albeit they are now an ex-employee?
    5. What is "the weird place to be interviewed" you menton in the last part of your post?

    Many thanks.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    Comment


    • #3
      So I will answer your questions in order

      1. the person who made the allegations made them via a letter on the day she left . I believe this is due to her knowing she’s breached the code of conduct and by doing it when she has left allows her to get off Scott free

      2.around a month but when I was issued terms of reference she had literally left the week before
      3. I am still attending work but have asked to be suspended due to the investigation being the talk of my workplace and due to the severity of said investigation/allegations this has been refused by my employer
      4 the person has attended work to give evidence against me and would need to attend any subsequent hearing if I am found guilty. I have asked to make a counter claim but this has been refused as she no longer works there.
      5 is an autocorrect error should read attending the workplace to be interviewed

      Comment


      • #4
        Technically on the day it was raised she was still an employee and therefore potentially the grievance needs to be investigated.

        Not sure I understand the reason for your request to be suspended being denied as effectively this is a process normally used if the allegation is of a serious nature which could be considered as serious or gross misconduct.

        Not sure why the person would be needed to attend work again if the investigation found that disciplinary action needed to be taken unless they need to confirm the witness statement that has have been provided as a result of the meeting that has already taken place, however this could easily be done over email.

        Your employer cannot investigate a greivance against an ex-employee as there is no action they can take.

        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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