Hi There Newbie to the forums could do with some advice

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

I've had my letter saying I am in next thursday. No details of the grievance but says that I have been invited to an investigatory meeting and then there are guidance notes about the procedure.

In the guidance it says I will be invited to a short meeting to find out the grievance details and receive notes etc. Where I can then go away and have another meeting to respond.

In the covering letter it says its to get my side of the story.

Also in the guidance it says an impartial manager usually a level above the complainant will be doing the investigation. What is an impartial manager? Because he is her line manager and at the informal meeting in november the allegations involved elements that would be of a personal concern to him. - Well hes not impartial then and this you will need to point out to them in a letter

Ok did they inform you of your right to be accompanied?

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

Yeah they said I can bring a staff counsel representative, a work based colleague or a qualified union rep.

However our staff counsel reps are supposed to be trained to help you with these meetings but we've just had a new guy take over doing it and he is named as the note taker for my district manager.

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

Yeah they said I can bring a staff counsel representative, a work based colleague or a qualified union rep.

However our staff counsel reps are supposed to be trained to help you with these meetings but we've just had a new guy take over doing it and he is named as the note taker for my district manager.

Well thats a bit odd. I can't not see how that is unbiased, as they would know you would probably decide to take the Staff Counsel to the meeting with you, you can't do that if he/shes there to take notes!

I think you should write to them advising them that your concerned that the meeting and investigation as a whole would be not be impartial as the district manager chairing the meeting and carrying the investigation has a direct connection to complainant, given they are the complainants line manager, and on top of that their is a personal connection with regards to the District Manager and the allegations made against you! Therefore the meeting and investigation can not be impartial. It can only be impartial if a manager that is neither your own line manager or the line manager to the complainant carries out the investigation and meetings. Therefore any investigation and notes made in relation to said investigation carried out so far must be void and a new investigation must be started by another manager that is not connected to either respondent or complainant, nor have any connection to the allegations made. For transparency reason's and to insure fairness, copies of the investigation notes, evidence and statements collected as part of the original investigation by the originally appointed District Manager must be forwarded to yourself.

Also its is totally unreasonable and unfair behavouir to appoint the only staff councell you have access to that could accompany you to the meeting as the note taker on the behalf of the company. As this prevents you from asserting your rights to be accompanied by said person. Therefore they are to appoint a different person as the note taker, our alternatively allow you to be accompanied by your legal representative who is a qualified solicitor.

And state at the end that should your above concerns not be addressed, you will issue a formal grievance under the basis they are in breach of disciplinary policy and as such in breach of ACAS Code of Conduct: Disciplinary and Grievance procedures - In regards to the need to impartiality, and in regards to acting reasonable and fairly throughout the process without taking actions that may be to your detriment i.e. staff counsel being appointed note taker, preventing you from access there guidance by having them accompany yourself to said meetings!


The bit about the solicitor will make them sit up straight, i can assure you off that!

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

That all sounds great thanks.

few more questions as I am typing up my letter.

Should I write this to the guy who is doing my investigation or his boss? I am going to email it to him plus a hard copy in the post and I am obviously not going to attend my meeting on thursday once I send this.

Also a few more little questions

As the note taker in the meeting also was note taking in the investigatory interviews that would also make him unable to rep me I am guessing?
Also if the same lad had an interesting conversation with me the other night after work where he may have made a comment to me that would possibly prove I am in the right can he be called as a witness for me?

Sorry to bother you

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

Yes he can be called as a witness.

Send the letter to HR manager.

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

okey dokey cheers man.

basically I was working with the guys partner and when he came to pick her up after work we got talking in general and I made a comment about how if all the rumours that went round were true my life wouldnt be as mundane and boring as it is. His reply was kind of inappropriate if he is dealing with this kind of thing.

[teaboy2]

Re: Hi There Newbie to the forums could do with some advice

What was his reply exactly?

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

sent you a pm sorry just didnt want some of it out in the open on here yet.

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

two pages of a4 emailed to his boss lets see what happens

[sixftthreeuk]

Re: Hi There Newbie to the forums could do with some advice

I had a chat with his boss who couldnt talk about it because he might end up doing my disciplinary. He got another Districts manager to do my investigatory meeting.

It went ok apart from the notes taken by the previous guy being used as evidence and when asked a question about why would someone say that about me etc I said I can only speculate and he was all yes speculate away. However the meeting was 13 days ago and I was told I would be written to in the next couple of days.

I am unsure what to do.