HR investigations

[Mamof2g]

Hello
so I’m currently signed off sick with a throat infection and work have seen me outside of my home taking my son to his rugby match, they have now launched an investigation and could end up in dismissal. A colleague videoed me and has since shared this where I work. Work have also announced to everyone that I’m under investigation. Are they allowed to do this? Many thanks

@Megifer don’t worry about the throat spray it was used extra during the game then after I slept for hours so wasn’t used much after. Thanks I’ll let you know how my meeting goes later, however in our policy it stays the investigating person should have no prior knowledge yes they do.

@Mamof2g all investigating officers have some knowledge as they will have the original allegation. This has to be their starting point.

They may also interview the person raising the grievance, and ask for evidence to support their allegation.

@Sisterpita even if there policy states that the investigator should not have prior detailed knowledge? The person doing this does have?

Ideally they shouldn't have prior knowledge before being selected to investigate (can be impossible though in a small business) but then they will need the background info to be able to investigate.

Main thing is they should be impartial and not directly involved so if the investigator has been involved in passing info around they shouldn't have done then you can challenge the fairness/impartiality of the process.

(I think I misunderstood the context of the spray too id read it as you were drinking water and using the spray constantly 🙄 )

@Megifer agh sorry I was drinking constantly and using the spray, probably too much, but it helped a little

@Mamof2g The fact they have “detailed” prior knowledge before being appointed is relevant.

I would advise you to go to todays meeting and at the start state that you object to the investigating officer that has been appointed because the appointment is not in accordance with the policy. You are aware they had detailed prior knowledge and so are unsuitable. You would like an external independent investigating officer to be appointed.

They will say are you accusing them of something like being unprofessional, bias etc.

You say no, I am asking you to apply your policy that they should not have detailed prior knowledge.

They will then probably put you on the spot and pressure you to take them by implying you are saying they are not trustworthy.

This is a judgement call but you could say given that the organisations policies have not been followed, my right to confidentiality has been breached by people inside and outside the organisation being told about the investigation. I am not confident that the contents of this interview will be kept confidential. An independent external investigator would ensure going forward the matter is kept confidential and the policies followed.

Ultimately, in your shoes if they insist I would let them do the interview but make it clear your objections must be in the interview write up.

I think it's the disease that's contagious, rather than individual symptoms.

@kingtamponthefurred tonsillitis is not contagious but most of the infections that cause it are, there is a long list of symptoms that can make people unfit for work

I saw earlier in the thread that you were out on a Saturday. What you do on a Saturday has NOTHING to do with your work place if you don't work Saturdays.

Like what if you were feeling better and up to going.

You shouldn't even be in an investigation. I would definitely be talking with citizens advise on this.

LOL!

😂😂😂

I don't even like brie.

<gasp> 😮

What sort of monster are you?! <shudders>

It's my experience, yes. Most of them aren't worth the paper they're written on, which is a shame!

I did read your response carefully.

The rep can absolutely answer on the employee's behalf, and often do!

When did they give you notice of this meeting?

I'd always give at least a week. People need time to get their heads around in and secure representation (they won't know you don't have any until you meet).

@letthemalldoone the ACAS compliant policies and procedures I have worked under always required employees to answer questions themselves e.g. what did you say/do etc. Otherwise at an ET the employee can say I didn’t say xyz happened.

Obviously in cases where a reasonable adjustment is appropriate you would allow a companion to speak/interpret.

Meeting is a week on Monday, I will update more then, cheers for all your support and advice, signing off her for a few days to try and not get too stressed

@Mamof2g so they're bringing you in for a meeting while you're off sick which they expect you to attend, so leaving the house, yet expect you not to leave the house while off sick? Ok..... Good luck.

@ReadingSoManyThreads yes, I’ll probably get told off for leaving the house again, altho had to do a food shop today but shhhh don’t tell them.

@Mamof2g I'd voice record the meeting on your phone. Just in case.

@ReadingSoManyThreads I really think I need to for my own protection.

Obviously don't tell them you're recording at any point

The meeting shouldn’t take place when you are off sick. They really are getting everything wrong. They will need to reschedule for after you have returned to work.

Not necessarily. Investigations should be carried out as soon as possible which can make it reasonable to request an employee engages in the process whilst off sick. It depends how long its anticipated they will be off and the reason for the absence, otherwise the employer could have to wait weekd or months which isn't practical, or fair to the employee.

The meeting shouldn’t take place when you are off sick. They really are getting everything wrong. They will need to reschedule for after you have returned to work.

Well hope OP

swell hope OP is up to it

and doesn't infect anyone else there.