Think I've seriously eff'd up

[Scaredofet]

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? ☹️

Is there not a puppy you can stamp on somewhere?

It's a turn of phrase, I thought it was fairly common.

I know you're trying to get a rise out of me, it won't work. I've had a lot of support on here and the person has got all the support they can get, and I'm sure the right thing will be done. I made a mistake but it doesn't seem like I've ruined it for the victim, or my job as selfish as that might sound, so I'm not quite sure what you're poking at. I won't be replying to you again.

I work in employee relations, have carried out lenty of investigations and disciplinaries, and can hands down say that asking this question hasn't prejudiced the disciplinary hearing at all.

The decision to dismiss is for the business to take based on factors such as the seriousness of the misconduct, risk of further harm to employees, loss of trust and confidence in the employee, whether they have shown remorse. Whether or not the victim wants them to be dimissed is of very little relevance and isn't grounds for appeal.

Surely that would only be the case if there were witnesses, CCTV etc? What if someone just claimed xyz assaulted them and no evidence?

This is such a non point. I have no idea why HR are making a fuss, because even in this context, you still asked a valid question (albeit didn’t get the best answer)!

Let’s say they’re right and he appeals because the employee he assaulted didn’t expressly say he wanted him sacked - that doesn’t mean the decision to dismiss him was wrong or unfair. It also means there would be an administrative burden in scheduling shifts where there could be no crossover between them. And it doesn’t detract from the fact that he physically assaulted someone, which is clear gross misconduct, even if the victim didn’t want him sacked!

Mountain out of molehill, honestly.

I really don’t see the big deal?

It is insane to read ‘personnel’ on here 🤯

This really.

Agree. If he's dismissed he's going to appeal anyway, right? What would he have to lose?

Hey babe, you are human!
Lay it all out and just be honest. It's a mistake anyone could have made.
If work value your 37 years then they'll be fair.
If not, they aren't worth working for and you are destined to be elsewhere.
You can't change it so try not to make yourself ill over it.
Face the music and apologise.
You sound like a lovely person!

Honestly what's wrong with asking the victim what she wants the outcome to be anyway? Why is that only for grievances? I really don't think you should leave over this, OP.

Imo your personnel team are over reacting. What the V has offered is an alternative solution. The company can consider this and decide they still want to sack the Perp and for loads of reasons that would be fine like they have form of behaving badly or they've done it before or they're already on a disciplinary warning etc.

The perp can appeal tgars tgeir right and if the perp has been there for more than 2 years, they can go to tribunal. I can't see how asking a good reasonable question is wrong or makes any of those rights stronger.

Your processes sound very strict and imo necessarily so.

Stop worrying and carry on doing a great job. X

So what's your grievance? What's your ideal resolution?

So sorry that you’re feeling stressed but think you’re giving away too much information x

HR jumped the shark when it started calling itself 'Talent'.

What training and guidance have you had for being an investigator?
If none, which is likely, and they try to discipline you, create a grievance for yourself.
And get union support if you have some.

What the heck has that got to do with anything?!

Sorry didn't realise people had still been posting!

A positive update - after all that they've resigned and left pretty much immediately

Nonsense. They can be instantly dismissed for gross misconduct

Wow! Victim of sexual assault "managed" out. I don't care how big the settlement was this is disgusting.

I'm not sure at this stage, but they've cancelled the hearing so assuming not with the person going straightaway?