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back to back disciplinary investigations

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  • back to back disciplinary investigations

    for most of the past year, I shared leadership of our division with a lady, who I established a good working relationship with (or so I thought). In May it was announced that I would be taking sole charge of the division and she would be reporting to me. She was clearly not happy with this and complained, but to no avail.

    Forward to a couple of weeks ago, when I came back from holiday - I was informed this lady had made claims of both sexual and racial abuse against me. I strongly disputed this claims - they are simply not true - and appeared to be based on the fact that this person was unhappy I had been given sole charge of the division.

    An investigation was performed by a senior person in our department (not HR, although they were aware of it). I was called to a meeting yesterday and was informed there was insufficient evidence to proceed further. However, I was then informed that 'in the course of the investigation' some people had made claims that I had been acting in an 'bullying and intimidatory manner' - and that HR would now be performing a formal investigation.

    The examples I was given were based on 2 disagreements I had had with a couple a colleagues a few months ago where strong words - related to work- were exchanged. Both of these incidents related to colleagues at the same level as me and both were cleared up at the time with the knowledge of my line manager. Neither person involved made any complaints. It was just a run of the mill disagreement that sometimes happens with peers. I was also informed that he had been given examples of me bullying junior staff - this is a load of rubbish - I have always had a very good relationship with all the junior staff and there has never been a single incident. In one case, I had to complain about a junior staff members performance on several occasions - but this was done politely, and in line with procedures.

    So now, having been cleared on one investigation I now find myself involved in another one - which I have been told could lead to sacking for 'gross misconduct'. In a 30+ year career I have never been involved in a single incident of this kind and at a complete loss at what to do. In my line of business, if I get sacked, I'm not going to get another job and I will lose my house and everything.

    HR have told me they will interview all the parties next week and I will be informed of the results of the investigation the following week and whether a formal charge will be made. I am really not sure what I should do now. I have been there less than 2 years, so if I am fired I can take no action for unfair dismissal, but I believe I could for wrongful dismissal if I am fired without notice and dispute the gross misconduct.

    If anyone has any advice on what I should do now I would be grateful. It seems to me almost like a witch-hunt now - they didn't get me on one thing so have moved to another. Whatever happens, it's impossible for me to stay there, but I genuinely believe I have done absolutely nothing wrong and therefore can't understand how I could end up being fired. The whole thing has made me sick - can't eat, can't sleep - don't know what to do.
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  • #2
    Re: back to back disciplinary investigations

    Hi Dougal5664, & welcome to Legal Beagles

    Allegations like this have to be properly investigated.

    However, it is precisely because of the serious implications that the standard of proof against you would have to be very high indeed!
    "He said, she said" won't cut it!

    That said, it's not very pleasant being the subject of an investigation, especially when you feel that it is unfair & unfounded.

    You could contact ACAS for some further impartial advice on this - they may even mediate the situation.
    http://www.acas.org.uk/index.aspx?articleid=1680
    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

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