Falsely accused of disrestpectful and rude behaviour in the work place

[Tigs]

I am seeking help from Members in connection with a work matter which is causing me a lot of grief both emotionally and psychologically.

Background
I was falsely accused of being disrespectful and rude to a fellow colleague, contrary to the ‘Respect at Work’ policy. The alleged incident never happened. The alleged victim never complained. But an anonymous senior managed is said to have witnessed the incident. Management pursued me with vigour. Suffice to say that I found the experience to be distressing, humiliating and a huge blow to my professional standing. The matter was dropped with no clear reason and I was informed that there was no case for me to answer. Management refused to reveal the identity of the complainant.

Issues
(i) I filed grievance complaints and filed a subject access request (SAR).
(ii) The information I have received following the SAR shows that management embarked on character assassination.
(iii) E-mails containing false information about me has been circulated to management and administration staff.
(iv) It is alleged that I am trouble causer with a track record, and that I came into the organisation with a bad record – al entirely false.
(v) Whilst the investigation was going on, my role became subject to ‘competitive slotting’ and I was interviewed for the role but I was unsuccessful – I have now been issued by a redundancy letter.
(vi) The Chair of the investigation was also the Chair of the interview panel.

Next steps

I am asking Forum Members to suggest any hints and advice on what I need to be asking for generally, and more particularly what arguments I am likely to be articulating in this type of scenario.

Please let me know if you need me to clarify on any aspect.

I would value your suggestions and steer.

[leclerc]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Part iv might be a breach of the Data Protection Act 1998 as information has to be accurate about you. How is this information recorded?

Or if not against DPA 1998 it might be against company email policy...

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Thank you for taking the trouble to read my post and for responding. All the information I received was transmitted by e-mail and circulated to senior managers and administration colleagues.

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Thank you for reading and responding to my post about my being falsely accused of breaching the 'Respect at Work' policy.

I responded to your query when you asked how the information was recorded. All the information I received was transmitted by e-mail and circulated to senior managers and administration colleagues.

The informtion amounts to a character assassination and there are numerous allegations made by various senior managers who do not even know me and I have never worked with before. The e-mails allege that I have had performance and behvioural issues in the past which is absolutely untrue. I am currently working in a secondment role which has gone very well - despite that senior managers were suggesting that the new team which I joined last October should be made aware that there were team issues in my earlier role - well before the ensuing investigation found that I had no case to answer.

I thought I should provide you with this background in case Members were in a position to provide me with some steer please as to how best I can frame my argument to senior managers in the light of the DPA requirements.

I would really appreciate your views, hints and ideas of how I can progress this issue as part of my greivance .

[teaboy2]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Thank you for reading and responding to my post about my being falsely accused of breaching the 'Respect at Work' policy.

I responded to your query when you asked how the information was recorded. All the information I received was transmitted by e-mail and circulated to senior managers and administration colleagues.

The informtion amounts to a character assassination and there are numerous allegations made by various senior managers who do not even know me and I have never worked with before. The e-mails allege that I have had performance and behvioural issues in the past which is absolutely untrue. I am currently working in a secondment role which has gone very well - despite that senior managers were suggesting that the new team which I joined last October should be made aware that there were team issues in my earlier role - well before the ensuing investigation found that I had no case to answer.

I thought I should provide you with this background in case Members were in a position to provide me with some steer please as to how best I can frame my argument to senior managers in the light of the DPA requirements.

I would really appreciate your views, hints and ideas of how I can progress this issue as part of my greivance .

If such performance and behavioural issues (highlighted above) were true, then they should be documented evidence to support such statements - It's clear, that as part of the SAR response, such documents supporting senior managements views should have also been disclosed to you.

Therefore i would suggest you request such documents, or reasons as to why they were not disclose. Whilst advising them, at the same time, that you know the statements about your performance and allege past behavioral issues where untrue and completely unfounded and therefore not only amounted to libelous statements, but also amounted to a vindictive character assignation (victimization/harassment). Which would give you clear grounds to claim breach of contract and/or constructive dismissal or both - As well as seek damages for the damage inflicted on your professional reputation and your personal health and well-being and breach of data protection act 1998 as clearly the statements in the emails are inaccurate and completely false.

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Teaboy2 - thank you very much for this steer, I cannot thank you enough. I will let you know how I get on. If you do have any more suggestions, please kindly add them to this thread which I will be reviewing regularly.

[teaboy2]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Teaboy2 - thank you very much for this steer, I cannot thank you enough. I will let you know how I get on. If you do have any more suggestions, please kindly add them to this thread which I will be reviewing regularly.

Along with asking for the evidence that the managers based their statements on, also ask for copies of all performance review documents for each performance review you have had. This is just to cover all bases really, as well as put them in a tight corner. As they should have also provided copies of the performance reviews under your SAR. Because basically where employment is concerned a SAR is a request for a copy of your employee file, wage slips and any document bearing your name, or addressed to you, that's not necessary part of your employee records (including contract).

You can play heavily on the fact that the managers told your new department/team you had performance and behavioral problems, which is untrue.

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

I am seeking further advice, guidance and steer from Members once again. your advice and guidance has got me this far - I thank you.

Update
a) Along with requesting for the evidence that the managers based their statements on, including all performance review documents for each performance review I have had (following on from the advice received and shown in the above conversation threads). I was informed that "There is no recorded information held in relation to this request". Therefore management were not able to provide documentary evidence or performance reports to support alleged poor performance and serious behavioural challenges on my part.

b) The original letter from management contained a section which suggested that "...there is a likely possibility that I might take legal action which would be a risk to the organisation..". Management have admitted that no recorded information or evidence is offered to support the purported assertions.

c) Recordings of calls was refered to in the original management letter. Management responded by saying that the organisation does not record telephone conversations as a matter of routine.

d) Allegations were made that I bullied colleagues and that I was an intimidating character, and team members had "..voiced concerns...". Once again, management were not able to provide supporting evidence or incidents were I had bullied or intimidated any team member.

e) It was suggested by senior management that my then line manager should tell the recruiting manager (in my new secondment post) that I was involved in 'team issues' long before the investigation which vindicated commenced.

f) Upon filing a grievance, another manager was appointed to investigate the matter and he has come to a different conclusion from the first investigation, saying that the evidence he has collated shows that I had behaved disrespectfully to a colleague contrary to the the 'Respect at work' policy.

I am meeting a trade union rep to discuss the matter before filing an Appeal but I am unsure of what content to bring up and how to structure this. I am therefore seeking help from Members please:

1. What issues might I raise in an Appeal given the above mentioned situation, given the inconsistent outcomes (bearing in mind that I management have not provided any evidence whatsoever)?

2. What remedies might I want to seek in reaching a resoltution to this matter?

3. Any other pertinent issues I might want to bring up.

I would be grateful for your help please. I look forward to hearing from you.

Many thanks

Tigs

[teaboy2]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Since they originally referred to such documents and recordings and are now saying such documents and recordings do not exists and that they do not record phone calls at all (evidence that no recording ever existed and was therefore an outright lie) then its clear they lied about the evidence they had and the whole disciplinary was a charade based on untruths and alleged documented and recorded evidence that clear does not exists. Evidence that such documented evidence and recordings never existed is shown in the companies response to your Subject Access Request. Therefore is perfectly reasonable for a man of reasonable mind to come to the conclusion that the company lied about the evidence and simply did so in order to dismiss you in the hope they would get away with it and that an employment tribunal will likely come to the same conclusion. Such acts amount to unfair dismissal.

Above is along the lines of what you put in your appeal letter. In the rest simply state your appeal on the grounds that your dismissal amounted to unfair dismissal, then below that include a summary as similar to what i put above (I rushed it as in a rush myself). Thats all you really need to put other than to give them 14 days to respond.

As for remedies - Thats something you can put on the table at the appeal hearing, so you have plenty of time to think about it. But realistically theirs only two remedies.

1 - Reinstatement and pay backdated plus a compensation for distress and detriment you suffered (probably a 1/2 months to a months pay)

2 - Employment remains terminated, whoever they pay you a compensatory sum for loss of wages that you would have otherwise earned if you had not been unfairly dismissed (can be 1-2 years or more) and compensation for stress and detriment. Plus a formal written letter of apology and a good reference.

Basically option two is the likely one as i doubt you would want to go back to work for this company anyway. So think of a figure really!

I would also advise you now contact ACAS as you will need to go through their mediation service first prior to taking tribunal action. They will contact the employer on your behalf too.

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Thank you so much teaboy2. Pheeewww! I was getting extremely anxious since posting my queries. Every point you have made and every word is absolutely spot on in every aspect, and yet I have only provided you with a summary of this on-going episode.

I am meeting the trade union rep tomorrow and I didn't want to go with a blank sheet of paper becuase that would send out the wrong signals. The material you have provided me with is relevant in its entirety - it spells out the key issues in a structured way and more importantly, points of remedy.

My problem is that I have allowed myself to be upset and as such, I have been struggling to express myself objectively. It strikes me as odd that the first investigator (a senior manager - a Director) found that there was no case for me to answer. When I filed a grievance, a middle manager has provided a different outcome.

I thank you so very much teaboy2. I will let you know how I get on tomorrow.

[teaboy2]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Take copies of the subject access request reply that the company sent you to show the union rep. And simply explain everything they accused you off was based on alleged phone recordings or alleged documented evidences that they now say they do not have and more importantly say they never record phone calls?!

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Thank you teaboy2 for this reminder. I am in the middle of collating and compiling my file in readiness for tomorrow. I am using the entirety of your narrative. I thank you once again teaboy2, I am feeling much more positive since reading your's - it's the difference one brings to others for no gain to themselves. Thank you.

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

I wanted to update Members about my recent meeting with my trade union rep in case Members might be able to offer me some steer and guide me with regards to the relevant questions and issues I should be raising.

1. Recap
(i) I was falsely accused of direspectful and rude behaviour towards a colleague. The ensuing investigation by a very senior manager (Director) concluded that I had no case to answer.
(ii) I filed grievance complaints which were investigated by a junior manager who reached a different conclusion saying that there is evidence to confirm that I had behaved disrespectfully towards a colleague.
(iii) As well as the on-going investigation into the alleged matters, I was interviewed for my substantive role by the lead investigator and I was unsuccessful.
(iv) Information obtained under subject access request clearly showed that there was an orchestration of falsehoods between senior managers suggesting that I had serious performance and behavioural issues - non of the allegations were substantiated.

2. Outcome of grievance and appeal process
The outcome of the grievance was provided a day before my contract was terminated. However, when I gave notice of my intention to appeal, I received the following response: "Please be aware that as you are no longer an employee of the organisation, you no longer have access to the grievance policy and are not covered by its provisions. Matthew may not have been aware of this when he sent his email to you. You may have other avenues for complaint however, but I’m sure your TU representative will advise you on this when you speak to them".
The union rep is seeking legal advice on this point.

3. Unfair selection for redundancy
The Union rep is looking into possible unfair selection for redundancy due to the fact that the investigation and the selection processes ran concurrently, chaired by the same person.

I am now awaiting feedback from the nion rep. In the meanwhile, I intend reporting the wrong information which the organisation currently holds about me to the Information Commissioner.

I would be grateful if Members could offer any suggestions or perspectives which might help me to drive this case forward.

[teaboy2]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

How many others in same or similar role are they in the company and did any of them face redundancy? What was the reason for the need to make your position redundant? - I feel you were unfairly dismissed for having issued a grievance which is in breach of your right not to suffer deteriment to make protected disclosure and your right not to suffer detriment for issue a grievance - Especially when the grievance was aimed at senior management. But we need to establish the ground work, in order to look at proceeding down the unfair dismissal (via redundancy) route first.

As for ""Please be aware that as you are no longer an employee of the organisation, you no longer have access to the grievance policy and are not covered by its provisions. Matthew may not have been aware of this when he sent his email to you. You may have other avenues for complaint however, but I’m sure your TU representative will advise you on this when you speak to them"." - Well you issued the grievance whilst you were still an employee, therefore they MUST all the grievance procedure to run its full course as even though your contract of employment has terminated, not all terms and conditions of the contract end when you employment was terminated, some continue to be enforce after date of termination as permitted in law. If they are refusing you your right to appeal the grievance decision then that is unlawful, and amounts to breach of contract. For example if your dismissed, you employment is therefore terminated, however your still entitled to appeal, same applies when it comes to grievance procedures. If you look through your contract of employment regarding Grievances and Disciplinary, i bet it doesn't say anywhere that you can not appeal after termination, because if it did it was simply be untrue, as legally you can appeal.

Failure to follow the acas code of practice for grievance and disciplinary is a breach of procedural fairness and can result in a Tribunal increasing any reward by upto 25% as per The Trade Union and Labour Relations (Consolidation) Act 1992 section 207A

[Tigs]

Re: Falsely accused of disrestpectful and rude behaviour in the work place

Thank you once again teaboy2 for your detailed response to my queries, and the helpful points you make. I have printed your response so that I can use it as a reference for drafting a letter to my union rep.

Please note that I am travelling abroad tomorrow and I will not regularly be able to access the internet. However, I will resurface at some point in the near future when hopefully I will have heard from the union.

Teaboy2, I will be in touch with you again once - meanwhile, thank you very much for your time and effort in helping and enlightening me!