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HR experts - fact-finding investigations

3 replies

Nobiggerthanyourhand · 24/11/2024 09:57

Does anybody know if a manager can bring a complaint about a subordinate?

I have been removed from my office pending a fact-finding investigation following allegations from my manager, but I don’t know what these allegations are.

I have found ACAS guidance on fact-finding investigations, but it doesn’t say if the focus of the investigation should be told what it is about.

And I have no idea what it could be about, except that I recently brought a grievance of discrimination about my employer, and my line-manager has taken it personally, maybe?

Has anyone any experience of this? Thank you.

OP posts:
TheCatCameBack112 · 24/11/2024 10:08

Managers can bring a complaint against a staff member. I would ask what policy this 'fact finding' investigation has been initiated under. You should have a named contact in HR. I couldn't tell if you were at work and had been redeployed to another area or if you have been suspended. The investigator should be a senior person.

How long have you worked in this organisation, and are you a member of a union? If so, now is the time to get them involved.

You should receive written notice of the terms of the investigation outlining the allegations. In my sector there would then be a formal meeting with you to get your side, and also meetings with others involved /any witnesses. The fact finding may include the investigator obtaining other information, depending on the allegation, eg. Phone or email records, times and durations of computer logins, door access or camera footage, expense claims.

If you have raised a formal concern around discrimination under an organisational policy such as grieveance/resolution or whistle blowing you will have an element of protection (assuming the basis of your claim is that you have a protected characteristic) and your employer will need to tread very carefully in managing this new issue.

Nobiggerthanyourhand · 24/11/2024 11:05

That’s really helpful - thank you.

The union have written asking for a policy —I have asked, too, but they just said it was a ‘fact-finding investigation’. And that I needed to move office (job is the same, but no longer doing it with team around me).

The allegations have not been shared with me nor in the letter I received.

Regarding the grievance of discrimination, yes-it was regarding a protected characteristic. The grievance was not upheld but the investigator made recommendations which the school was, to some extent, going to implement. I think this might be what my manager has taken issue with but, to be honest, I have no idea what the allegation could be.

Are claims of victimisation (experience of detriment following a grievance) ever successful? @TheCatCameBack112

OP posts:
Jammylou · 24/11/2024 14:02

I think it depends on what came out in your grievance as your Manager may feel that things weren't accurate hence a complaint??
Whatever i think it's unfair that you dont know what the complaint is about and you should know if they have moved you.
Not knowing could affect your wellbeing so I would go back to them and request more information.
As it is only Fact Findings at the moment it's still in an informal stage. If it becomes formal then they will issue you with Terms of Reference.
Read up on ACAS HR investigations.

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