Disciplinary - allegation made up by two junior staff

[xajorkith]

Got disciplinary in a few weeks following an investigation that has taken over 6 months.

I'm manager for junior staff who work at multiple locations. Some I don't see for weeks on end. I went to visit one site and noticed a problem - I politely documented this and reminded the staff of their responsibilities and the correct procedure. To be honest, what they had done was not good so they did get off lightly. But it seems for some reason they did not like being told - so it filtered back to me.

Three weeks later I get called into my managers office and get told that two of them were alleging I have been discussing confidential information with them. The information in questions is subject to office rumours (which I have not discussed with anyone) but neither am I privy to any confidential information on the subject anyway. Also, to date, no-one has even provided a date when I am alleged to have done this - site visits are documented so I'd like to check if I was even on site when this alleged incident took place.

During the investigation, I highlighted the fact and provided evidence of the note I made at the time. It seemed obvious to me the reason why this complaint had been made.

But, its going to disciplinary now and these two people are witnesses. Employer is talking about gross misconduct and dismissal. Completely nuts to me that it can go this far based purely on the word of two people who, obviously have an axe to grind. Surely this is not on - otherwise it'd be open season for spurious complaints - get two people together and its a done deal!

Allied to the fact that this is no confidental info anyway.......

Must admit its been a shambles from start to finish. I'm concerned this will continue into the hearing and it'll go badly..... Union so far have been completely useless. What can I do next?

[Kati]

Re: Disciplinary - allegation made up by two junior staff

tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] for you xx

[mariefab]

Re: Disciplinary - allegation made up by two junior staff

Have you received a written invitation to the disciplinary hearing?

[xajorkith]

Re: Disciplinary - allegation made up by two junior staff

Have you received a written invitation to the disciplinary hearing?

Yes it was dragging on and on and I insisted they make a decision. Had letter with official date now.

[mariefab]

Re: Disciplinary - allegation made up by two junior staff

The letter should have set out exactly what you are accused of.
For example: what it is alleged that you said and the date that it is alleged that you said it.

In the absence of this information you are unable to prepare your defence. So, I suggest that you write asking that this information is provided to you no later than a week before the hearing.

[xajorkith]

Re: Disciplinary - allegation made up by two junior staff

The letter should have set out exactly what you are accused of.
For example: what it is alleged that you said and the date that it is alleged that you said it.

In the absence of this information you are unable to prepare your defence. So, I suggest that you write asking that this information is provided to you no later than a week before the hearing.

It says the charges are "Disclosing confidential information about a member of staff".

Which I assume refers to the rumours that were in the office at the time. However, I was not privy to any more information than anyone else would have been, and have not discussed it in any case. My guess is that the two in question knew this was the hot topic of the moment and knew that management would frown on anyone gossiping about it.

The letter does not detail a time and date - I've asked for this many times. It wasn't until the first meeting some time ago that I even knew who had made these allegations (although I had a pretty good idea). Note, the pair in question are listed as witnesses for the hearing.

[mariefab]

Re: Disciplinary - allegation made up by two junior staff

"Disclosing confidential information about a member of staff".

That's nowhere near good enough. It could mean anything...Fred has a car... Joe has new shoes...Fred and Joe might have had a reason to keep these matters secret.

With just that ^^^ description you could turn up to the hearing to be ambushed by a slew of new allegations that have never been mentioned before.

You need to write to them asking for specifics:
What is it alleged that I said?
To whom is it alleged that I said it?
On what date did this alleged conversation take place?
.....and anything else that you can think of.



- - - Updated - - -

Also, if there are any documented witness statements you want copies of them before the hearing too

[xajorkith]

Re: Disciplinary - allegation made up by two junior staff

"Disclosing confidential information about a member of staff".

That's nowhere near good enough. It could mean anything...Fred has a car... Joe has new shoes...Fred and Joe might have had a reason to keep these matters secret.

With just that ^^^ description you could turn up to the hearing to be ambushed by a slew of new allegations that have never been mentioned before.

You need to write to them asking for specifics:
What is it alleged that I said?
To whom is it alleged that I said it?
On what date did this alleged conversation take place?
.....and anything else that you can think of.



- - - Updated - - -

Also, if there are any documented witness statements you want copies of them before the hearing too

Thanks for the help.

To be honest, they've told me the subject matter - it was the general office gossip but not exact details. Like I said, I didnt have any extra info and neither did I gossip. Even if I did the're pinning this on me repeating gossip allegedly.

Like I said, first meeting they told me the names of the people - but I haven't see they're statements or been provided with dates and times.

To be honest, I am wondering if this has spiralled out of control a bit for the ones making the complaint. I think originally they just planned to cause some trouble and thats about it. I would be very surprised if they can even come up with a specific date after all this time.

I know what will happen if I write to them (but I will). It'll get ignored or excuses will be made. "XYZ" is off on holidays/sick etc. Thats been the standard so far -no-one seems interested in getting it sorted out.

[mariefab]

Re: Disciplinary - allegation made up by two junior staff

When you write make sure that you state that unless/until you receive the requested information you will be unable to prepare a defence to the allegations.
State also that, if they fail to provide it, the hearing will have to be postponed until they comply.

[xajorkith]

Re: Disciplinary - allegation made up by two junior staff

When you write make sure that you state that unless/until you receive the requested information you will be unable to prepare a defence to the allegations.
State also that, if they fail to provide it, the hearing will have to be postponed until they comply.

I hear what you're saying but they'll just do that. They seem happy to let it drag on and on - it was only because I complained to a higher manager that I got a decision. I was promised a decision 2 months ago.

No-one seems particularly interested in sorting it out - apart from me. Until its sorted, I can't even move on to another role within the same organisation (which I plan to) because this is outstanding.

[mariefab]

Re: Disciplinary - allegation made up by two junior staff

Well if they want to subject you to disciplinary proceedings they need to give you particulars of the grounds. It's contrary to the ACAS code and the interest of natural justice not to.

So, instead of saying that the hearing will have to be postponed, state that if they don't/won't provide the required information state that ^^^ and ask them to confirm that they intend to take no further action in this matter.

As long as you do this in writing, if after a month or so they fail to give the explicit confirmation you need their inaction can be construed as implicit agreement to take no further action.

[xajorkith]

Re: Disciplinary - allegation made up by two junior staff

Well if they want to subject you to disciplinary proceedings they need to give you particulars of the grounds. It's contrary to the ACAS code and the interest of natural justice not to.

So, instead of saying that the hearing will have to be postponed, state that if they don't/won't provide the required information state that ^^^ and ask them to confirm that they intend to take no further action in this matter.

As long as you do this in writing, if after a month or so they fail to give the explicit confirmation you need their inaction can be construed as implicit agreement to take no further action.

Thanks for the great advice.