Request for assistance - workplace disciplinary

[Starman13]

Good afternoon,


I have come across your site whilst looking online for help with my upcoming workplace investigation into alleged misconduct and alleged use of racially discriminative language.

I have included (next post) the email which was received from my HR department yesterday; this is the entirety of any information I have been provided at this time.

There are a number of discrepancies in the email, most notably where the HR manager eludes to having discussed the allegations with me earlier in the day; no such discussion took place. The only discussion was that were I was informed via telephone (my role requires me to lone work remotely). During this call, I had to ask what the investigation was concerning, which I was told “inappropriate comments on an internal phone line”. There was no suggestion of or specification that the inappropriate comments were in-fact racially discriminative in nature.

I also disagree that the comments made constitute to racial discrimination; it would be classified as (I believe) religious harassment at most. I understand that the mere fact I did not intend offence is irrelevant.

Although I am yet to make comment regarding the allegations, I have a good idea of the specific comments which are being referred to.

During a ‘closed’ telephone conversation on an internal phone line (work mobile to administrator), I do recall making a ‘dark humoured’ joke, which in retrospect I admit was in poor taste.
There were no other persons privy to this conversation, and I have spoken to the administrator since who has advised that she had no knowledge of any allegations being made against me.

I am now acutely aware that all phone calls are recorded between employees, a fact I was not aware of prior to this.

I am a military veteran. During my time in the military, ‘dark humour’ was common and in-fact encouraged, to the point where it has now become almost a habit to me. I am normally extremely cautious regarding who these jokes are made with, and I also try to ensure that there is no one else who may take indirect offence. I must stress that I am not a racist or discriminatory individual. People’s race, religion, gender or other protected characteristics give no bearing on how I strive to conduct myself.

I have also been diagnosed with ADHD, a diagnosis which was given during the time I have been employed at my company. My ADHD is something which attributes itself to my impulsivity which presents itself in more aspects of my life than just passing comments prior to thinking fully about repercussions.

My employer IS aware of my ADHD.

I would like assistance on how I can respond to these allegations during the investigative interview I have been invited to attend in just over one weeks time.

I thank you in advance for any help you may be able to provide.

[ULA]

Starman13 I have unapproved your post #2 as this is a public forum and although your employer is looking to be looking at this site, it could potentially identify you if they were as you have cut and pasted it in full.

The purpose of you attending the meeting will be for you to answer any questions that the investigator may have and respond to the allegations that have been made. The specifics of the allegations have been set out in the email, which in my opinion is very detailed and covers all the aspects regarding your suspension and the process they are undertaking. Even if you feel the explanation you received on the telephone was not very detailed / accurate the follow-up email has set this all out and given you ample time to prepare for the investigatory meeting.

I would assume that the investigator will ask you questions about the telephone conversation, what it was you said and specifically the alleged racists remarks you apparently made. My suggestion would be for you to write down what you remember of that conversation and any other recollections you have about the call and have them with you when you go to the meeting.

There is also the issue of lengthy non-work related calls to the office and I would suspect, that if they do record internal calls, there will potentially be call logs to support this allegation. Although you may not have specific details of the calls and when they were made, you can be considering whether you have reasons for why these non-related calls a) needed to be made and b) why were they at least 30 minutes long, so that you can be prepared for responding to any questions about this allegation.

In terms of trying to put forward mitigating reasons you say:

1. You were not aware internal calls were recorded - check all relevant company policies and procedures to see whether it is stated anywhere. You have also been given the option to contact employees who can help you prepare an explanation, then I suggest you contact the person who sent you the email and ask them for where the recording of internal calls has been notified to employees.

2. You have ADHD - may need to provide more details of your ADHD than you may have already provided to the company in terms of its attributes and the impact on aspects of your life and specifically its impact on you n a work environment.

Hope this guidance assist you prepare for your meeting. As the company has set this is purely an investigation and no decision ahs yet as been taken as to whether they will proceed with disciplinary action.