Is this normal (Gross Misconduct)

[FirstladyKirkman]

(Theoretically)

Someone has been handed official documents advising of a possible GM. They have provided a comprehensive report in a bid to avoid an interview.

HR have advised they wish to get the individual in for an interview.......

Is it normal for HR to say to a 3rd party (middle man): We want to get her in for an interview but I'm a bit busy next week. Can you ask if she is available w/c......let me know and I will book her in.

Surely as part of a formal GM investigation, you are TOLD the date of your interview, not be able to pick and choose??!

@DogsSausages

No not in a registered profession and she works in my office.

I've conducted gross misconduct sessions. If the person is not a danger to others in the office or a major risk to the business immediately then they will try to be polite and convenient about arranging any meetings.

If she had punched someone or was insulting customers she would be suspended and just given interview times during working hours where she would be expected to make herself available because it's working hours.

In terms of paperwork the issue letter is all there will be until interviews are over and a decision is made on whether to proceed with formal action. At which point she'll be invited to a formal misconduct hearing and given the evidence 48 hrs or more before that meeting.

(theoretically) you seem to know an awful lot about what should be confidential matters that nobody should be talking about, since you are only a colleague and not one of the people involved. Whoever is talking to you needs to stop now, and be warned that their talking to you about this could, in itself, be a disciplinary matter.

@Moondust001

The accused has asked me to accompany her to her interview for support. She's told me. No one else.

In that case yes, it's perfectly normal. But no way will simply a written statement avoid the need for an interview - in fact I wouldn't have ever given them one at all. A fact finding investigation is for the employer to find facts, not for her to hand them over! Too late now, but never volunteer anything. Answer honestly and truthfully what you are asked, but don't tell them anything they haven't asked!

What does the GM relate to? Can it actually be considered GM?

Have you looked online to see if the organisations policy in this event is listed to make sure all the things that should happen have happened correctly and to see what’s likely to come next?

I’d be on acas’s website to see what they say.

If it's public sector there will be a full policy on this, ideally she should've been given a copy of directed to its location on an intranet/shared drive etc. If they don't follow the steps and time frames laid out in it, they will be in quite a pickle if they dismiss her. Almost all of my experience in this area is public sector. If she's a union member she is much better off consulting them than you.

Are you going to accompany her, you probably wont be able to say anything, you are there for support and to ensure the process is fair and unbiased . That's difficult if you have no experience. If she has documents stating this may lead to GM does it say anything about who can go with her and what their role is.

If you accompany someone I think you are not allowed to speak btw. You literally sit there in silence.

Sounds like a typical HR buck passing exercise.

Can HR get any more useless?

This sounds a bit off to me. I had the experience of being called to a "investigative" meeting to look into allegations of bullying which I had made. It turned into a disciplinary meeting in which the organization concerned violated their own laid down procedures. It cost them 10K in an out of court settlement!

If the staff member is being invited to a meeting to discuss allegations of gross misconduct then she needs to be provided with proper documentation so she has an opportunity to assemble evidence/witnesses and conduct a defence. She is also entitled to appropriate representation by her trades union rep or other person to advise.