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My word Vs theirs....

2 replies

Absa · 15/08/2019 21:17

Will try to keep it brief.

Have worked for company for 5 years. Was working with a new starter last week. New starter and I had a conversation about why our head of department was off long term sick as this new starter had never met them.

New starter then goes to their line manager and reports conversation (which wasn't confidential so I have no issue with this).

But somewhere along the line a few things were added that aren't good at all and this manager had then reported me to HR saying I started it all.

Manager and persons involved in bad things said are very close.

I fear I've rubbed manager up the wrong way a few days before this incident over a different work related issue and they are using this against me after exaggerating the truth considerably.

Basically, it's my word Vs theirs - they are saying I've said things I haven't.

Hoping it all blows over and doesn't go any further. But can anything happen to me when there is no proof of anything? I.e. I'm worrying about disciplinary action.

OP posts:
Moondust001 · 15/08/2019 21:39

Employment disciplinary action does not require the same burden of proof as a criminal court - in the event of two versions of events, the employer is entitled to reach a "reasonable" conclusion as to which version they believe.

In the event, it was entirely unwise, "confidential" or not, to discuss the sickness absence of another person with a colleague. The other party never having met them is hardly a reason to discuss someone's personal information. And personal information should never be the subject of gossip.

I am afraid that the only "person" who can determine the likelihood of this being taken further is the employer, but if it were, then lack of "proof" is not going to be a strong defence, especially since you cannot deny that you were gossiping about a managers private affairs. The employer would have to reach their own conclusion, and possibly, in the worst case (for you) scenario, defend that conclusion to an employment tribunal if you were dismissed.

daisychain01 · 16/08/2019 07:55

@Absa you have a right to give your version of the facts.

If you think there could be an investigation into the conversation you had with the new starter, the best thing to do is to think about exactly what the circumstances were, what was said and the context and write it all down step by step while you feel relatively calm and clear thinking.

Then when it comes to talking about it you have a consistent series of facts that you should provide and not deviate from. Under pressure and stress, the potential is to change what you know are the facts, which will come across as inconsistent.

The other thing I suggest is that you show some humility and recognise that it was not good that you discussed the matter. You could say you did it with all good intention to inform the new starter rather than to gossip, but perhaps benefit of hindsight, you should have referred them to HR if they had any queries and that you will always do that in future

Showing them that you have learned an important lesson will stack in your favour, we are all human and fallible, nobody's perfect.

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