Incorrect Details in Discplinary

[dajomel]

Hi All,

Hope someone out there can help me with a quick and fairly urgent question. An allegation was made against me a couple of weeks ago and I have been through the investigative process and last Friday I received a letter calling me in for a Formal Conduct Meeting on the grounds of gross misconduct. There are a lot of inconsistencies and inaccuracies within the investigation and statements but there is something I am unsure about.

The invitation to the meeting states that an assault took place on a given day between two given times. My question is, both myself and the alleged victim state that we had an incident 1-1.5 hrs prior to this time. Only one "witness" (disputed) claims that the incident took place about the times stated. Am I within my rights to state that no incident took place in line with the invitation letter? Also, if they then try to force me to discuss the actual incident I can then claim that it's not what this meeting was called for?

I am curious to know the legalities as I would've thought that all details must be factual and accurate in a disciplinary procedure.

Kind regards
D

PS Excuse the spelling error in the Subject, ironic I know :tinysmile_twink_t2:

[Rohan]

Re: Incorrect Details in Discplinary

Hi,

I take it there was an incident report made at the time the incident was first reported and this would state the correct incident time.
I'm no expert in employment law but doubt the exact timing of the incident makes a great deal of odds, the incident took place and you and the alleged victim don't dispute this.

[dajomel]

Re: Incorrect Details in Discplinary

Hi Rohan,

Thanks for your response. Actually, I am not exactly sure how this process got started. I have been given no statement from the alleged victim, which I assumed they would be to start conduct proceedings. I was the first person they spoke to, the accused. They then carried out fact finding interviews (very poorly) and obtained so called witness statements that contradict and are flaky.

Both myself and the alleged victim are BOTH up for gross misconduct charges. We both admit that an incident occurred, though not at the time that management are claiming though obviously our versions of events vary slightly.

Many thanks.