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The Biased "Independent" Investigator's False Report - Help tribunal pending!

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  • The Biased "Independent" Investigator's False Report - Help tribunal pending!

    Dear All

    I sought advice about the independent investigation my employer claimed they wanted to carry out - in view of an upcoming tribunal. I was reluctant but was told to beware BUT also note that failure to attend will count against me at the tribunal.

    I requested written interview and they initially granted that and later suddenly insisted on a face to face interview. I asked to record and I did.

    Now after over three weeks, I have received the independent investigator's version of the interview which is VERY skewed to achieve the employer's goal. Even to the point of being asked if I would like a comfort break at the interview and I accepted BUT only for this to be reported as being very upset at the time and being told to take a break - for emphasis on this subject which really did not cause me any more distress than others.



    Questions and answers have been modified and even punctuations omitted to give a different meaning.

    I followed this investigation interview with my own written account of my own summary of my discussion and also included aspects which I felt were VERY important to the upcoming tribunal which the investigator conveniently chose not to touch including a major harassment incident which was reported and nothing was done about it.


    I am being asked to sign this as his summary "which is not verbatim" but I can only append to the investigator's comments at the very end with my own comments.

    I wish to refuse to sign it as it is not an accurate reflection of the interview.

    1. The typist was "external" - Can I ask for her full transcript to check with my audio?

    2. I highlighted concerns as to the VERY long time it took to get the report. I know why now. Can I request a different "independent" HR consultant to listen to the interview along with the transcript and give their own opinion that is not biased towards the employer?

    3. Can I insist on him using my own written discussion as part of his report. Clearly, he does not want to do this and it must be part of his submission as I had requested a written investigation from the onset; I was told it was agreed to fit in with my own needs but now they want to dismiss my written addition???

    I am now left wishing I insisted on sticking to the letter.


    Please can anyone advice on how best to move forward here?

    Thank you very much.
    Last edited by Kingskid; 30th April 2013, 12:03:PM. Reason: Forgot to subscribe
    Tags: None

  • #2
    Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

    You can ask for or insist on anything you like - and they can agree or not as they like. The popint was that you had no real coice but to participate, and you have done so. You have already made a tribunal claim. Where this process is relevant to that claim, and the facts are in dispute, then that is the point of a court - to decide what is true and what is relevant. They have their evidence and you have yours.

    Comment


    • #3
      Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

      Thank you so much for this. I hope I will get more views. I wonder if I should put the link in the previous thread?

      I really need as much support as I can get from you all. Thank you

      Comment


      • #4
        Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

        But what other support are you wanting? The fact is that it would have damaged your case to refuse to participate in the process, and the employer would have used this - could even have had your hearing indefinitely delayed until you did participate. So it wasn't as though you had any choice here. The fact that the employer says "X" happened and you don't agree is no different from any other dispute between employer and employee. The tribunal will put no weight at all on the word "independant" - it is down to the actual evidence and whether the findings based on that are reasonable in law. You have your own indisputable version of what was said. So I really do not see what you think the problem is. Perhaps if you could explain why you think it is a problem then you might get the answer you want?

        Comment


        • #5
          Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

          Thank you so very much Eloise01. You make it sound so simple that I wish I felt less stressed; given my cPTSD may be I am worried over nothing?

          Do I simply write the PI and tell him I disagree with his summary and I am happy to provide my audio and note that he had not addressed the key issues?

          Sorry to bother you and many thanks indeed.

          Comment


          • #6
            Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

            You aren't bothering me and yes, that is quite sufficient. If you dispute the notes then say why you dispute the notes and how they are inaccurate and that is that. The matter is which part the tribunal take, which is an infinitely more complex discussion - and that is based not simply on the accuracy of notes, or the interpretation of statements, or the outcome, but on all these things, the test of evidence and the law.

            Comment


            • #7
              Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

              Thank you very much indeed.

              Comment


              • #8
                Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

                Hello all

                The investigation overall summary as arrived and as with mine, full of lies. Even stating I walked out during a particular meeting with HR. Only the perpetrators were interviewed and they claim they are witnesses. Given my own report, I can prove the bias BUT along with the false allegations is a an attempt to paint me as irrational and with work-related psychological injuries I suffered being magnified as causing my delusions, hostility and perception problems and that it is not reasonable to expect me to be able to work (BUT not as a result of their injury) - because of something I have had for years! I was not ill when i got there and during my early years; until the bullying started. i now have to meet HR based on this report and it seems I will be dismissed for incapability.

                Comment


                • #9
                  Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

                  Ok i think Eloise was under the impression you had a pending employment tribunal claim against the employer (i did too until i read your last post) here and not what i call a capability assessment.

                  May i ask what the back ground story is that has led to this current situation. I.e. when did the bullying start, did you place grievances about those bullying you etc. As much details as possible please.

                  Also have you taken time off work as a result, with and without sick notes from your GP? If so how much time off in the last 12 months?
                  Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                  By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                  If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                  I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                  The Governess; 6th March 2012 GRRRRRR

                  Comment


                  • #10
                    Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

                    Hi Kingskid,

                    I too thought you were going to ET.
                    To clarify, is this a capability assessment via HR?
                    How long have you worked for the company?
                    Have Occupational Health been involved in the process?
                    & what is the timeline (ie dates bullying occurred, & was it ongoing by the same people.)

                    The smart money says that you shouldn't resign - any subsequent action taken by you will be made more difficult.

                    Btw, it is worth pointing out at this stage that, as of the end of this month (29th, I think), Employment Tribunals are introducing fees.
                    For this kind of scenario, £250 to lodge the claim, & £650 for the hearing.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: The Biased "Independent" Investigator's False Report - Help tribunal pending!

                      Hello and thanks for your questions.

                      Yes I have submitted ET and although the time for investigation should be over, when I did not agree to accept VR, as I did nothing wrong, I was told they wanted to investigate my concerns and they hired this person. I guess to disprove my claims and discredit me.


                      http://www.legalbeagles.info/forums/...199#post261199

                      I followed advice and did not hire expensive lawyer but I had to sort out ET1 and now Tesco have the case being assessed.

                      http://www.legalbeagles.info/forums/...ht=#post324530

                      Here I expressed concerns about PI and my fears were founded.

                      Other Questions:
                      How long have you worked for the company? About 6 years of which I had almost six months sick -work-related stress and PTSD due to work and then a prolonged medical suspension which they say is to investigate my claims but only when ET came up did they hire this PI. The PI has come up with lies .

                      Have Occupational Health been involved in the process? Yes as my health deteriorated OH advised but they were ignored by employers and I got worse. However this year OH wrote that I was unfit and I have since been on full pay but no work.

                      Dates bullying occurred - over a long period where (about two years but last straw was end of last year) after returned to work. The same people are involved. I took end of last year as last straw and put in claim but we are yet to go to tribunal.

                      The smart money says that you shouldn't resign - any subsequent action taken by you will be made more difficult. (Thanks for this. The employer and union tried to encourage me to resign but I did not. BUT looks like either way, they have their way???


                      "£250 to lodge the claim, & £650 for the hearing" - will this apply to an existing claim?

                      Comment

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