Surely This Is Not Misconduct?

[bulbousy]

Hi

Thanks in advance for any help.

I have received a letter from my employers entitled "Notification of Investigation Meeting".

"I am writing to confirm that a thorough investigation into the following allegations of misconduct will be undertaken.

Allegations :
A formal complaint has been made by Accuser concerning your attitude. The allegations span a period of time - August 2013 - October 2013. The complaint covers your attitude and behaviour towards Accuser during this time"

It then goes on to state a copy of the complaint is enclosed and when i am due to attend the meeting. The letter also assures me that at this stage the meeting is for fact-finding and information purposes, but it could lead to disciplinary proceedings.

The complaint is a meeting between the accuser that has been documented as below :
"

• A complaint has been made by Accuser regarding the attitude of Me.
• I arranged to speak to Accuser on the above date to gain more clarity.
• Accuser recently joined the company and was new to the expense process.
• Accuser wanted to know when the funds would be paid into her account, as such, she placed a number of calls with Me.
• The majority of times, calls went straight through to Me's voice mail, and Accuser left messages asking for a call back. These calls were not returned.
• Emails were sent by Me days later, informing Accuser when the funds would be in her account. The payment was not made, and the funds went in the following week.
• Accuser felt that she had to chase Me for answers, as she knew he wouldn't return her calls.
• Accuser eventually spoke to My Boss, who informed Accuser that funds would be in her account that week.
• Accuser then received an email from Me stating that the funds would not reach her account until the following week.
• Because of this, Accuser has no confidence in the information supplied by Me.
• Accuser found Me to be unreliable at providing a reply, and when a reply was given, then the information supplied was incorrect.
• On the occasions Accuser did speak to Me, she found him "off-hand", "flippant" and that he spoke down to her.
• Due to Me's attitude, Accuser thought that she was someone very senior within the organisation and that she shouldn't be speaking to him.
• Accuser is uncomfortable speaking/dealing with Me. My Deskmate now looks after her account, who she finds polite and helpful."

The background is i work in purchase ledger and this lady had sent in an expense claim form from her depot elsewhere in the country. So she wanted to know when her expense would be processed and paid. I have an exemplary record with no warnings over a period of 11 years. Redundancies have been happening in our head office where I work over the last 18 months.

1. Firstly, If the above accusations were all true, would this amount to misconduct? And is the line about me being "flippant" etc acceptable for my employers to include in my investigatory letter? It feels like slander, though I realise it might not be.

Now, as it turns out, her accusations are untrue. I have email proof that i have supplied her correct information on the solitary time she asked for the payment date of her expense and that the incorrect information she received was from my manager, she is clearly very mistaken about this. And that i responded in less than a day, contradicting what the Accuser states about me replying days later. Also, she did not leave voicemails on my phone and I believe she must have been calling the wrong number as my phone is always ready to receive calls, it doesn't even go straight to voicemail if i am already on a call. The only way she could have gone straight to voicemail is if she dialed the wrong number or i had the phone on "do not disturb", which i never do. Of course, i cannot actually prove that i never have my phone on DND, nor can she prove that her version is true. But i can certainly prove she is lying about the emails. I also felt I'd actually been extremely pleasant to her on the phone, and we'd had quite a lengthy discussion about cats!

2. Have my employers acted correctly in taking the complaint about me straight to the formal stage? I feel that, even if the accusations were true, an informal word with me would suffice at the first stage. The fact that my accuser is blatantly lying and I can provide proof by pressing "print" on an email surely means this could have been dealt with extremely quickly and informally.

I have never received a complaint against me in my career, only compliments about how helpful I am, and consider myself to be an excellent employee. So this has caused me stress since i received the letter this afternoon. I know I'm innocent and can prove it but I cannot understand why my employers are so keen to take this to the formal stage so quickly.

If you could supply with me answers to my questions (numbered 1 and 2) i'd be extremely grateful. My meeting is Monday morning.

Thanks

Bulbousy

[enquirer]

Re: Surely This Is Not Misconduct?

I have email proof that i have supplied her correct information on the solitary time she asked for the payment date of her expense and that the incorrect information she received was from my manager, she is clearly very mistaken about this. And that i responded in less than a day, contradicting what the Accuser states about me replying days later. Also, she did not leave voicemails on my phone and I believe she must have been calling the wrong number as my phone is always ready to receive calls, it doesn't even go straight to voicemail if i am already on a call. The only way she could have gone straight to voicemail is if she dialed the wrong number or i had the phone on "do not disturb", which i never do. Of course, i cannot actually prove that i never have my phone on DND, nor can she prove that her version is true

You appear to be in an good position, particularly if you can show that any error was down to the manager. Print multiple copies of all the emails now, lest they vanish, courtesy of the IT dept.

1. Firstly, If the above accusations were all true, would this amount to misconduct?

Yes, it might.

And is the line about me being "flippant" etc acceptable for my employers to include in my investigatory letter? It feels like slander, though I realise it might not be.

Yes - it's part of the allegation. As to slander, it may well be, but it will be almost impossible to prove it.

2. Have my employers acted correctly in taking the complaint about me straight to the formal stage? I feel that, even if the accusations were true, an informal word with me would suffice at the first stage. The fact that my accuser is blatantly lying and I can provide proof by pressing "print" on an email surely means this could have been dealt with extremely quickly and informally.

At this point it's only an investigation - they've had a complaint so it's not unreasonable that they look into it.

I know I'm innocent and can prove it but I cannot understand why my employers are so keen to take this to the formal stage so quickly.

It's not reached that stage yet, although you mustn't be naive - third rate managers love disciplinaries as they make them feel important. That's why you need to nip this in the bud - if you pussyfoot around, you will be railroaded.

Do not go into the meeting unprepared, expecting it to be informal or friendly - it won't be. Get your script and your evidence together - sit down and write everything out, attaching printouts as appendices.

[charitynjw]

Re: Surely This Is Not Misconduct?

& get a hard copy of the company's disciplinary procedure.

& pick it to pieces with reference to ACAS's 'default' procedure

[bulbousy]

Re: Surely This Is Not Misconduct?

Thanks for your advice. I'm on my phone so can't write a lengthy reply.

Ive done everything you've suggested and will fully prepare myself for the meeting. I won't expect it to be friendly.

I have considered makin a counter complaint due to the lies that i can prove. But i think I'll just be glad to get this over with.I'm not particularly vengeful!

I'm glad you've pointed out also that they are within their rights to investigate the complaint, as it felt frivolous to me and I may have said this in the interview.

Your advice has been invaluable. I really do appreciate it and I hope you both get some good karma coming your way!

[charitynjw]

Re: Surely This Is Not Misconduct?

This is only a meeting to investigate the matter.

It should therefore be kept to that purpose.

Keep a wary eye open, however; they can sometimes cross the line into disciplinary matters - if so, & you haven't been formally informed of your right to be accompanied by an appropriate person (a union rep, or a colleague of your * choice), they have wandered into automatic unfair dismissal territory.

It is therefore a good idea to ensure that you have a record of the meeting, either written & signed as accurate by both parties, or, if possible, an audio recording.
If it were me, I would ask for someone to accompany me as a notetaker on this one anyway.
They can refuse, as it's not mandatory, but it would make them look a bit 'suss' in a Tribunal.

*Click link, plus http://www.xperthr.co.uk/editors-cho...onable/116565/

[teaboy2]

Re: Surely This Is Not Misconduct?

If you can prove the allegations regarding the emails and the information she claims you provided in said emails are inaccurate and that you had in fact supplied her with the correct infromation such as dates etc. Then simply producing copies of those emails, (keep copies for yourself on the sly too in case you need them in future). Then proving her accusations in respect the email and information you supplied is wrong and inaccurate, would be enough to prove to your employer that its is perfectly reasonable to suspect that the rest of the accusations are also inaccurate too.

As for the phone calls, well all the employer needs to do is get hold of the phone logs for the phone the accuser used and for your phone, to determine which number she called, how many times she called you and the duration of the calls, as well as whether you received the calls or the voice mail messages - most of this info can be gained from phone bill statements if they have no internal electronic logging system for phone calls. They need to provide copies of these to you too as they amount to evidence, so you may request them. Plus failure on their part to investigate the phone logs given the accusation includes a lot about phone calls, then they would be failing to carry out an accurate an complete investigation, which could be useful to you if things turn sour.

Though as others have pointed out, this is merely a fact finding meeting, your not yet being disciplined for anything though keep your eyes open at the meeting as some employers step over the line and turn investigatory meetings into disciplinary meetings. So be alert and on your guard, do not however, walk out of the meeting. We can deal with it afterwards in writing.