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Original poster

Think I've seriously eff'd up

154 replies

Scaredofet · 05/02/2025 22:31

Hi all

I think I've massively messed up an investigation at work and I've not slept for 2 days, just wondering how bad this is please.

I was appointed as investigating officer for a violent attack that happened last week.

There wasn't a grievance meeting, it was not required due to it being a report of violence and company needing to address asap.

I just needed to get the statements from everyone and ask q's etc.

But, I slipped into grievance meeting mode with the victim and asked the q regarding their ideal resolution 😭 i made sure to say the q doesnt necessarily mean it could be resolved as they wish but thsts asked as we'd genuinely wanted to hear what they had to say about resolution etc etc. and that's all noted. The victim really appreciated being asked the q and surprisingly didn't say the other person should be sacked, they just wanted to be put on another shift so they'd never see them again.

Obviously this q is in the notes THAT HAVE BEEN SENT TO THE PERP in their info pack 😩

Peraonnel are saying that q from me is probably going to give them grounds to appeal (obviously i dont know what the decision will be but I'd be astounded if it's not dismissal) and apparently all the higher management team are really pissed off at the prospect they might get away with it on a technicality 😭

I honestly feel sick and I don't know what to do 😔 I've not really eaten since Monday. I love my job and I've never had any problems in 37 years of working. Is there any way I'm not massively in the shit here or shall I just leave? ☹️

OP posts:
saveforthat · 05/02/2025 22:37

I don't understand how you asking that question, even though it may have been inappropriate, gives him grounds to appeal.

Baguettesandcheeseforever · 05/02/2025 22:37

I would encourage you to take a step back and take a deep breath both actually and figuratively. This is a time will tell scenario so don’t take yourself out of a job for one mess up when you’ve otherwise a really long and positive history. Go easy on yourself, everyone makes mistakes.

I hope the wait isn’t too long and I hope it all works in your favour.

Original poster
Scaredofet · 05/02/2025 22:46

saveforthat · 05/02/2025 22:37

I don't understand how you asking that question, even though it may have been inappropriate, gives him grounds to appeal.

Personnel are saying it's potentially biased?

The victim didn't say they want the person sacked, so if they are sacked how has that biased anyone, but personnel just keep saying I've really messed up ☹️

OP posts:
skilpadde · 05/02/2025 22:56

Take a breath, you've not fucked up and you haven't done anything terrible.

You're not the disciplinary officer, you're the investigatory officer. Your job was to investigate and to gather the facts. You've done that and you allowed each party to put across their recollection snd position. It doesn't appear egregious to me to have asked the victim that question.

You've haven't pre-empted or prejudiced anything, or introduced any bias, merely by gathering information, because you are not the decision maker. The disciplinary officer is, and that person works wholly independently to you. The investigated person and/or their union rep can put across their objections at a disciplinary. It doesn't lessen the misconduct though, and I cannot see how it should impact a disciplinary outcome.

If your personnel team think they're so shit hot that they can pick holes like this, maybe they should be offering a bit more support before letters and notes go out.

saveforthat · 05/02/2025 22:57

Surely if someone has been violent at work that is gross misconduct and instant dismissal. What the victim wants is irrelevant.

Mielbee · 05/02/2025 23:10

I have experience in this area and I'm struggling to see what the big issue is. At worst it's just an irrelevant question.

27pilates · 05/02/2025 23:14

A violent attack at work; colleague on colleague-why aren't the police involved OP? Why are you investigating?

CantHoldMeDown · 05/02/2025 23:20

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Mirabai · 05/02/2025 23:38

27pilates · 05/02/2025 23:14

A violent attack at work; colleague on colleague-why aren't the police involved OP? Why are you investigating?

This.

What is your company playing at?

Did the victim say they didn’t want to report it? Is that why the company is dealing with it internally?

Have you been trained to investigate a violent crime? Has anyone in the company? Why are they putting you in this position and not calling the police to do the job they’re trained to do?

whynotwhatknot · 05/02/2025 23:50

i dont unerstand why they havent been sacked already its assault

cstx89 · 06/02/2025 01:12

If referred to disciplinary hearing the chair has the final say. Following that, he will have the right of appeal however, that doesn't mean he will return to work. He can still be dismissed and appeal not upheld.

Could u speak to HR and make them aware of how this is impacting you?

Greenbottle123 · 06/02/2025 01:56

What did the police say when they were informed?

what training have you been provided with re investigation violent assaults?

Apigcalledsue · 06/02/2025 02:19

Why on earth are you investigating. Surely that is HR job

Spirallingdownwards · 06/02/2025 02:39

Are you not in the UK?

in the UK it would be gross misconduct and a summary (instant) dismissal. Even if the victim does not want the attacker sacked the company can sack them.

Doloresparton · 06/02/2025 02:51

I think your personnel dept are being whipped up into a panic by someone who is thinking too rigidly.
I don't think you've done anything wrong.

Sweetiedarling2024 · 06/02/2025 03:42

If your HR team are that worried, they should have proof read the notes etc and redacted that before it got sent out. I don’t think you’ve done anything wrong. You’re not fettering your discretion you just want to understand the victims ideal outcome. This is not the main consideration in this whole investigation. You are fine x

YesThatsATurdOnTheRug · 06/02/2025 04:15

You didn't send the pack and weren't responsible for sending the pack. Don't let them land this on you. If they had specific points that couldn't be in the paperwork they clearly should have read it!

Reginald123 · 06/02/2025 05:42

In most firms I think they would say the question should always be asked as it helps to show the complainant's motivation in making the allegation. It doesn't sound like a malicious complaint if she didn't want him sacked.

BUT whatever the complainant wants as an outcome, the firm has a duty of care to all its employees so if any other person is at risk of assault the attacker should be sacked.

The only situation I would say your outcome question would matter is if it was an ex personal relationship situation so the guy isn't thought to be a risk to others but the company want rid of him for performance issues and want to use this to do so.

However, everyone makes mistakes ( if yours actually was a mistake as I think there was merit in the question ) but have a look at the policies you are given in your role and check the actual guidance.

I agree with all the other comments about your firm needing safety checks in place before disclosing stuff - this "mistake" may be a learning exercise for their procedural failure

JustMyView13 · 06/02/2025 05:53

Whoever sent the pack is arse covering and deflecting.
At the end of the day, as someone mentioned, the employer has a duty of care to all employees. If anything this question evidences lack of bias because the situation has been assessed on its merits and it isn’t a case of ‘x wants y sacked’.

Theextraordinaryisintheordinary · 06/02/2025 06:01

Despite working for so long you are still allowed to make a mistake. You’re only human, not a bloody robot. You haven’t done anything to be ashamed about. In fact, you can learn from this and accept the learning. Other team members can see you accept this as a learning point too for when they make errors in the future. It’s all going to be ok. Be careful it’s not a menopausal negative voice because they are scary and would make you think you’re a terrible person for farting in the wrong direction. In 6 months you won’t think of this in the same way but will remember the learning.

MrWise · 06/02/2025 06:02

Yep, whoever sent it to perp screwed up.
However, if it says in it X doesn't want to share same shifts as Y, that's not a done deal for Y to argue they've done nothing sackable. All it means is that they can argue it isn't a problem for X for their contract to continue. If they have assaulted a colleague, surely that's not a final warning offence, is it?

MagnoliaGirlie · 06/02/2025 06:28

You must be so stressed out! However, from what I understand, that you'd ask the question or not, that'd the victim said their preferred outcome or not (which they could have said without you asking the question anyway) doesn't change the course of investigation and if the culprit deserves to be sacked, they will be regardless of that. Because even if the victim said they just want to change shifts and not see the culprit ever again, that doesn't mean the workplace won't sack the culprit still, in order to protect other/future employees.

BitOutOfPractice · 06/02/2025 06:32

I’d say HR is trying to deflect the shit a bit.

Startinganew32 · 06/02/2025 06:33

Personnel? Is it 1989? Also if he’s violently assaulted someone he should be fired - doesn’t matter if the victim wants him fired or not. Such a weird scenario.

Cadenza12 · 06/02/2025 06:38

You haven't messed up. This is HR deflecting, what the victim wants is not relevant. If gross misconduct has been committed then they are dismissed in line with procedures. Keep calm and confident. You did a good job, what they do with the information is up to them.