To trick someone into a confession

[SnowAway]

I'm making a claim about something that happened many years ago. It's not a legal matter but a work disciplinary matter (albeit a very serious one).

Due to the passage of time I have zero evidence to support my claim. My main hope was to just get the claim registered on the file of the perpetrator, as a) I hope there may be prior claims that mine would then corroborate and b) In case of future claims, that can then corroborate mine.

However, in the process of making this claim (which the perpetrator of the serious misdemeanour does not know about yet) I have wondered if I should try to get some evidence. To do this, I would contact the person (whom I have not had contact with for a long time but has no idea I'm making a claim or that I ever even thought anything bad about his actions) and make out that I am just getting in touch in a friendly way, in the hope that they say something incriminating in their return correspondence.

Is this unreasonable/wrong of me, and is it even admissible in a work disciplinary situation, if someone has admitted to their wrongdoing on an e-mail?

Errr please don't!!

Out of interest would anybody mind pointing out what words I spelt incorrectly,

I just looked and can't identify them neither can my spell check,that usually means my dd has amused herself by changing the autocorrect.

I have very fond memories of the thank being changed to wank previously.

Hi

I work in HR and have conduced many disciplinary investigations.

I would advise against coercing any commentary/admissions from him. It would make you look like an unreliable/untrustworthy witness. If you have (as I'm sure you do) a genuine grievance, then raise your concerns in writing, suggest they speak with the other people you say experienced a similar thing as additional witnesses (they may or may not corroborate).

Either way the complain will be investigated as it has to be under their grievance policy - do you still work there. What would you like to happen ? I ask this because the reality is, without clear and proven violations he won't be disciplined and because the company will always need to protect themselves they won't find against you... That's life I'm afraid.

The fact you didn't report it at the time will weaken your case I'm sorry to say.

If you are unhappy at work and want to leave there is merit in bringing it up and possibly coming to a mutual agreement where you get a pay-off. If you love your job and want to remain I don't see that you have enough to have your complaint upheld and you will have gone through a stressful processes for no gain so think about if that's really what you want to do.

Sorry....wanted to be honest and that's the reality.

I can't see any Socks. Although have had glass of wine or two! (And now also have concerns about being struck off for inadvertently inciting email hacking...)

My spellcheck doesn't do their/there etc. Or it's/its. Any of those?

I mean 'they won't find against him'....

Good post London. Out of interest, is an employee entitled to legal rep at any disciplinary hearings or can it only be accompanied by a fellow employee/trade union rep?

Thank you London that is helpful, and interesting to think of it from the angle of them not wanting to find against him, to protect themselves.

On the other hand, there is the issue that if they let him continue unchecked in his current role, they are very vulnerable to further claims like mine, from people who do have evidence...

I don't work there - never have. I was a client, shall we say. The person in question was responsible for my welfare and in a position of power/authority. Both consenting adults. A sexual relationship occurred, instigated by him. Against their policy and very much an abuse of power but not illegal.

My reasons for not reporting at the time are strong and clear as part of the case, so I'm not worried about that counting against me.

I have absolutely nothing to gain from this - am not in their employ, gave no money to them that I am looking back and making no financial claim. I hope this will, if not count in my favour, at least make them think about why on earth I'd be making this up (8/9 years later). It's not a story that makes me look good either btw.

Scantily I was kidding - I wouldn't have the first clue how to hack into someone's e-mails, I can barely remember the password long enough to get into my own!

*looking to get back, that should say.

If you come forward with this issue are others also likely to report concerns about this person?

I can give other names, yes. Whether they corroborate my story or not is something I don't know - will depend on where they are in their lives, how they feel about what occurred and so on.

Also, I am fairly sure that, if it has not happened already, someone else will make a similar complaint at some stage.

Scantilymad, not entitled to legal rep on the meeting, just a trade union rep or a colleague..

Snowaway, so you didn't ever work there, then it's not an employee grievance scenario. That would not be the channel that you raise this compliant through.

As a client I would go through the Industry Ombuds whoever that would be depending on the company - having said that your first avenue should be to write a compliant letter to the CEO or other senior person complaining this person. You actually probably have more leverage in that situation. Would be helpful to know more about the company and what they do, what your client relationship was etc. I'd imagine they would be very quick to respond to a client complaint especially if you threatened to escalate it to their regulatory body (if there is one)

Or perhaps they already have and it's much the same sort of thing but was not quite enough to do anything and your information could provide whats needed.

The company has a formal complaints procedure for ex clients and I have a lovely union lady who is helping me get in touch with the right people in the right way. I have started at the top and am now being directed by the (shocked, I have to say) senior person I contacted as to the right way to channel this, too.

It's a complaint against an individual in an institution, I guess. For him, it would be a disciplinary matter (if it came to anything at all, without evidence).

sock the initial your in that post should have been you're. Easy mistake to make but I did find it funny that snow misspelled your name when pointing out your error.

I'm assuming this comes under abuse of power so medical/education etc. How best to complain would be down to the specific field.

Ok sounds like you're getting the right advice from the union lady. Yes he will no doubt be formally investigated under their internal procedures and hopefully disciplined. Good luck :-)

Thanks jacks I will double check now when I use that word.

op it sounds like you have support from the senior person have they given any indication that they may know more?