Investigation - leading to a disciplinary

[G-side]

Re: Investigation - leading to a disciplinary

I have got a couple of the new Assistant Manager's notes and it seems like she has it in for me.

A loyal customer has said to me that she had said that them that she would cover her own ar*e too and said she would readily step up to any vacant Manager's permission as she needs the money.

Her 2nd investigation readily proves that.

[teaboy2]

Re: Investigation - leading to a disciplinary

I have got a couple of the new Assistant Manager's notes and it seems like she has it in for me.

A loyal customer has said to me that she had said that them that she would cover her own ar*e too and said she would readily step up to any vacant Manager's permission as she needs the money.

Her 2nd investigation readily proves that.

Are you able to get in touch with the loyal customer and ask them to provide you with a signed written witness statement stating what this assistant manager said?

[G-side]

Re: Investigation - leading to a disciplinary

Yes. I can.

[G-side]

Re: Investigation - leading to a disciplinary

Another problem just cropped up.

They have emailed me the investigation notes of the new Assistant Manager at 16:01 today.

I expressly asked them to provide all evidence and then arrange a meeting for 5 working days after the evidence has been provided.

Doing this to me at 4pm on a Friday before a Monday disciplinary meeting is totally unacceptable.

What should I do? Ask for another postpnement?

[teaboy2]

Re: Investigation - leading to a disciplinary

Yes. I can.

Do it

Another problem just cropped up.

They have emailed me the investigation notes of the new Assistant Manager at 16:01 today.

I expressly asked them to provide all evidence and then arrange a meeting for 5 working days after the evidence has been provided.

Doing this to me at 4pm on a Friday before a Monday disciplinary meeting is totally unacceptable.

What should I do? Ask for another postpnement?

Yes and refer them to your previous communication where you expressively informed then to provide all evidence 5 days prior to the date of said meeting, not 2-3 days. Also state you need extra time to gather a valuable witness statement in support of your defense to their allegations from a witness - Yet keep their name secret for now!

[G-side]

Re: Investigation - leading to a disciplinary

Many, many thanks Teaboy2.

I am going to send a postponement request now.

I doubt they will accept it so I am guessing come Monday do I just refuse to attend the meeting saying that the whole process is a farce?

They have even sent an email which I have just this minute seen containing an additional attachment from the colleague who resigned who specifically stated to them that it was off the record. Surely they cannot rely on that. He basically said I had made an error of judgement.

[teaboy2]

Re: Investigation - leading to a disciplinary

Many, many thanks Teaboy2.

I am going to send a postponement request now.

I doubt they will accept it so I am guessing come Monday do I just refuse to attend the meeting saying that the whole process is a farce?

They have even sent an email which I have just this minute seen containing an additional attachment from the colleague who resigned who specifically stated to them that it was off the record. Surely they cannot rely on that. He basically said I had made an error of judgement.

If he specifically stated it was of the record, then no they can not rely on it as its not a formal witness statement - Just like General Feedback is not a formal witness statement. It would also be a breach of your former colleague rights to confidentiality, as off the record statements are stated in strict confidence - The meaning of the phrase is "not made as an official or attributable statement".

[G-side]

Re: Investigation - leading to a disciplinary

I am just on the phone to him at the moment and have read it out to him and he states it is not entirely accurate anyway.

He is going to do a witness statement for me and sign it also.

[G-side]

Re: Investigation - leading to a disciplinary

They have refused to let me have a witness there.

No-one in our branch can attend. The only other person would be the other person who is being disciplined and who has given evidence against me (by way of being not checking her investigation notes due to Masters submission). They have advised her she can talk about the errors in her investigation in her disciplinary.

[teaboy2]

Re: Investigation - leading to a disciplinary

I am just on the phone to him at the moment and have read it out to him and he states it is not entirely accurate anyway.

He is going to do a witness statement for me and sign it also.

Good Good

They have refused to let me have a witness there.

No-one in our branch can attend. The only other person would be the other person who is being disciplined and who has given evidence against me (by way of being not checking her investigation notes due to Masters submission). They have advised her she can talk about the errors in her investigation in her disciplinary.

Is the witness a colleague? and only there to accompany you and take notes?

If so then write to the employer, informing them that you have the right to be accompanied by either a trade union representative or a colleague of your choice under ACAS code of Practice 1: Disciplinary and Grievance Procedure. Refusing such right would result in any out come of the disciplinary procedure being unfair!

Can you tell me word for word what they stated when they refused you your right to be accompanied? and have you got it in writing?

[G-side]

Re: Investigation - leading to a disciplinary

No the witness is a customer as all my work colleagues have been investigated and one resigned over this.

They said, "I am afraid I cannot agree that you are accompanied by [customer's name] as he is neither a trade union representative nor an employee. However, I can arrange for an employee from another branch to attend with you if you wish. Please let me know if you wish me to do so and I will attempt to make the arrangements over the weekend."

This was sent to me by email.

Should I still write and assert that "Refusing such right would result in any out come of the disciplinary procedure being unfair!".

In my letter of 26th May, I stated,"

Furthermore, I am concerned that all the staff at the Area Branch were investigated and I feel that this undermines my right to have a colleague there as my representative who has not been subjected to this prolonged process and therefore may feel intimidated by management over me, because of the way in which the process has been managed, into not acting as my representative. Please can you suggest how this can also be resolved?"

There are employees at other branches, which are some distance away, but I would not consider them a random member of staff as a work colleague.

[teaboy2]

Re: Investigation - leading to a disciplinary

No the witness is a customer as all my work colleagues have been investigated and one resigned over this.

They said, "I am afraid I cannot agree that you are accompanied by [customer's name] as he is neither a trade union representative nor an employee. However, I can arrange for an employee from another branch to attend with you if you wish. Please let me know if you wish me to do so and I will attempt to make the arrangements over the weekend."

This was sent to me by email.

Should I still write and assert that "Refusing such right would result in any out come of the disciplinary procedure being unfair!".

In my letter of 26th May, I stated,"

Furthermore, I am concerned that all the staff at the Area Branch were investigated and I feel that this undermines my right to have a colleague there as my representative who has not been subjected to this prolonged process and therefore may feel intimidated by management over me, because of the way in which the process has been managed, into not acting as my representative. Please can you suggest how this can also be resolved?"

There are employees at other branches, which are some distance away, but I would not consider them a random member of staff as a work colleague.

No, they are correct, as your right to be accompanied applies to trade reps or work colleagues only.

Best way to resolve it is to secretly record the meeting - that way you have every word on tape that you can later use to create a written transcript of the meeting. Useful for when their minutes don't accurately represent what was said, or include all that was said.

[Rhothgar]

Re: Investigation - leading to a disciplinary

Teaboy2.

I am about to PM you and post in Live and Conf. Many thanks for supporting G-side thus far.

[teaboy2]

Re: Investigation - leading to a disciplinary

Teaboy2.

I am about to PM you and post in Live and Conf. Many thanks for supporting G-side thus far.

I have just PM'd you back mate.