Disciplinary Advice

[Shandylou]

I’ve been called into a disciplinary hearing at work for the following alleged reasons:
1. Unreasonable / unacceptable conduct
2. Engaging in activities that could bring my workplace into disrepute.
The allegations against me are that an anonymous witness reported that I made a derogatory comment outside the workplace (in another setting) about a client. I know this to be untrue and have said as such, however, I have still been called into a hearing in my line manager’s words “on the balance of probabilities” that a conversation took place. I know a conversation never took place but I have no idea how to defend myself against an anonymous “witness” of who the actual complainant is delivering accusations third hand.
If there is no actual evidence /proof either side, I am unsure of how I defend myself.
I would like to ask whether I can actually be called into a disciplinary on here say if the witness wishes to remain anonymous and also how can I defend myself on such information?
many thanks?

[dslippy]

You turn up, and say just what you have said here. Your deniai is just as much evidence as is an anonymous assertion.

[Shandylou]

Thank you for your quick response.
Do I have a legal right to know who has made the allegation against me in order to defend myself?
many thanks,

[Ukmicky]

Also don’t get caught up in the it’s their word against mine. I’ve seen it to much where people fail to defend themselves properly because they assume one person can’t be believed over another.

[ULA]

In response to Shandylou post #3 there is no legal requirement for a witness to provide their identity, however f they do not do so, it could undermine the person's right to challenge the evidence which has been presented against them in any disciplinary process.

[Ukmicky]

Thank you for your quick response.
Do I have a legal right to know who has made the allegation against me in order to defend myself?
many thanks,

Anonymous can mean they have been provided with a witness statement but the person refused to give their name ,or your employer has decided it would not be right to disclose their identity to you for various reasons.

In answer to your question ,you don’t have the right to know their name


Even if the identity of the complainant is known to your employer they do not have to provide you with their name or any information from the complaint which could allow you to identify them, which could mean large chunks of any witness statement being redacted .

They may need to justify their actions if it got to tribunal but it’ often happens in conduct cases for information which could lead to the identity of a witness or complainant to be hidden . I’ve done it on a number of occasions . Obviously there needs to be a reason and they should note why the detail is hidden .

it’s down to your employer in such circumstances to act professional and until they have heard both sides not to jump to conclusions.

[Shandylou]

Am I able to put in for a FOI request for communications prior to the investigation?

[ULA]

I think you possibly mean a Subject Access Request (SAR) rather than an FOI as that is when an individual requests information from public authorities.

Yes you can put in an SAR in respect of your own personal data do this by emailing your employer and in the subject line make it clear it is an SAR. Then you need to set out what you are requiring them to provide and you should be specific about these details.

Your employer has up to one month from receiving the request to provide the information but they can extend the time to respond by a further two months if the request is complex.

[Ukmicky]

Am I able to put in for a FOI request for communications prior to the investigation?

what communications


If that request is for your own personal data then yes , if it so you can gain details of your work related activities then no.

[MrSharples]

What was the outcome of the disciplinary hearing, have you ended up with a verbal warning or any kind of written warning, I think it's a bit unfair that you will be hard pushed to defend yourself, not knowing who made the accusations, and when

[Shandylou]

I unfortunately got a final written warning of which I’ve appealed and am awaiting the outcome. They used the balance of probabilities that something happened even though they couldn’t prove that it happened and had no evidence. I also felt I couldn’t defend myself because the event never happened. I now don’t feel I am trusted or valued as they have chosen to take a clients word over mine.

[Shandylou]

With regards to a SAR, do I have to request all personal information about me or can I request emails from a specific person? I’m asking because in the evidence I was sent prior to my hearing, I was only given the email trail with the complainants emails and not the responses ofy employer. The emails also do not show any proof of correspondence from my employer to show any follow up with the complainant following my responses to the complaint. I have a belief that my employer did not get in contact with the complainant again following their initial complaint.

[ULA]

In your SAR request you need to be very specific about the information you are wanting to obtain. You may want to include your personnel file, emails between ‘person A’ and ‘person B’ (from xxx date to yyy date), emails between [employer's name] and person X (from xxx date to yyy date) etc .

A useful link below to the ICO website about what information to include in an SAR

https://ico.org.uk/for-the-public/yo...ccess-request/

[Ukmicky]

Do you really want to stoke the fire further.

They have a legal exemption which allows them not to comply with any request if it means disclosing information which identifies another individual,

They also do not have to provide any work related data like emails to clients.

Also if there was a need to contact the complainant again , that could have been done verbally.