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Invited to a "hearing" regarding my conduct

93 replies

Ronaldinhio · 05/01/2010 12:29

I have been given a number of bullet points that I am supposed to defend? but no idea of context or examples etc
Am I entitled to be supplied with this information and also the witness statements to these facts?
No idea even who my accuser/accusers are??

Help anyone if you can please!

OP posts:
juneybean · 05/01/2010 12:32

I'm not sure, is it the investigation as apposed to the disciplinary hearing?

If it was the disciplinary hearing you should have copies of witness statements.

Ronaldinhio · 05/01/2010 12:36

It's an investigation but it's incredibly hard to give answers to the statements

for instance
uses hostile body language or ignores staff members
I simply don't know what to say...?

OP posts:
juneybean · 05/01/2010 12:40

Maybe for ignores staff members you could say you're not ignoring them, but trying to concentrate on work? And that this can be misconstrued as hostile body language.

Ronaldinhio · 05/01/2010 12:50

thanks
I don't know what to do at the investigation

I want to simply state no or that is a gross over exaggeration or whatever but I've already been told by one of the investigators that he doen't see how it will be possible for me to continue in my role

It feels entirely like a kangaroo court

I have never previously had any allegations made against me in 10 exemplarary years of working and now I have 5 made at once by a group of underperforming people who share a house and v close social circle together.
Anything I say sounds so ridiculous in defence

Given the investigator's comments though I know the lie of the land
They have suspended me for the last month I am the only employee that this has ever happened to...
Should I simply resign?

OP posts:
juneybean · 05/01/2010 12:51

Ooh sound awful think I'll leave it for one of the more experienced MNers to come along and advise.

Hope you get it sorted though

StealthPolarBear · 05/01/2010 12:55

sorry you're going through this
do you manage them?
has this been brought up informally in the past?
can't imagine your hostile body language (unless you were sticking 2 fingers up!)
are you in a union?

StealthPolarBear · 05/01/2010 12:56

i think responding no is reasonable

Hassled · 05/01/2010 12:59

I don't think you should simply resign. Is there any way you can get a free half hour with an employment lawyer? Or join a union so you can access their advice service.

pandora69 · 05/01/2010 13:00

You are entitled if there is the threat of any kind of disciplinary action (and I would say your employer has initiated this by suspending you,) to have accompaniment at formal hearings. Does your job have any possible links to a professional body or union, eg TGWU? If so, call them asap and get someone to go along with you. If not, do you have any friends who work in the legal profession, or know a solicitor? I would be asking them to come along if you can't get a union involved. Or try the CAB.

If someone at work is out to get you, don't try and struggle through alone.

Lulumama · 05/01/2010 13:01

nothing constructive to add except, i'm really sorry you are going through this, sounds like a personal vendetta at work, esp., in light of 10 years exemplary service and the fact these people live together

nancydrewrocks · 05/01/2010 13:01

No you absolutely shouldn't resign.

Who is investigating and what is their realtionship with the people who have made complaints? It concerns me that he already seems to have made a judgement without knowing the facts.

You need to be as calm and cooperative as possible. If you are asked if you are hostile you should reply that you don't believe you are but is there a specific example that could you respond to etc etc.

What sort of company do you work for (big/small etc)?

Lulumama · 05/01/2010 13:02

can you call ACAS?

Ronaldinhio · 05/01/2010 13:06

I manage them and many others. I asked if the company would take statements about my management from other members of staff to strengthen my case or at least provide a more balaced view and they have refused to do so.

I'm so very disappointed in the way that this has been dealt with and know that this is an opportunity to finally dispose of me (everyone else at my level has been demoted or not returned without explanation)

I don't feel that I should have to defend or justify myself as all of this is exaggerated to the point of comedy (well gallows humour)
I'd just like an opportunity to know who my accusers are (although I do) and see their witness statements to give a full answer for my hearing

Bottom line though I know the outcome so is it even worthwhile?
Thanks for your answers

OP posts:
fishie · 05/01/2010 13:08

ron this sounds atrocious. 10 years of service and now they are trying to bully you out of there.

have you been just dealing alone with this for the past month? what representation have you got? when is hearing?

investigator's comment is good ammo for you. record it.

StealthPolarBear · 05/01/2010 13:08

when is your disciplinary?

kif · 05/01/2010 13:09

don;t resign

it'll prey on your mind regardless

do look into employment law. doesn;t sound like the HR is being handled very well... and I've seen a few examples where HR don;t follow procedure, and it ends up with £££££ to the employee as a 'payoff' to prevent the employee suing the company over breaches of employment law.

Lulumama · 05/01/2010 13:10

sounds like constructive dismissal

can you get legal advice`? do you ahve legal cover on your household insurance

this seems brutally unfair

Ronaldinhio · 05/01/2010 13:15

my hearing is on Monday.

Before I received the email detailing the areas that I had to answer I was called repeatedly telling me to prepare for how terrible it was..?
I was in such a state

I know that I am a difficult employee for them, as I no longer fit into their management structure but have remained v successful so impossible to move sideways or demote as has happened elsewhere.

I was layered in management which I was unhappy with and felt was unfair and I flagged it as such and was told I could accept it or go
Now this

They have made a very wide ranging bunch of accusations, honestly none of them with more than a passing nod to the truth some don't even make logical sense
However bullying is the hardest thing to defend especially given investigators comments before the hearing

sorry this is so long..

OP posts:
fishie · 05/01/2010 13:18

bastards. is there a policy they are following here? are they sticking to it?

StealthPolarBear · 05/01/2010 13:21

if you resign or are diosmissed you need to try for constructive dismissal. As I'm sure you are - get everything in writing somehow and keep note of dates and times and content for any phone calls you do receive.

Ronaldinhio · 05/01/2010 13:23

they are following procedure during the entire time I have worked in the company they have never suspended anyone
they sent an email to my staff saying that I was ill following the suspension

they are also now asking me where I was on certain dates throughout the year but have disable my blackberry and email so that I have no way of knowing
queried my expenses

all horrible I'm a complete workaholic and have lots of examples of expenses not claimed etc

I saw a counsellor who told me not to take it personally etc but v hard not to do so...

OP posts:
StealthPolarBear · 05/01/2010 13:31

What exactly are they claiming you have done?? I don't think they can send you a list of this sort of crap (but could be wrong, please check) - they need to find a story and stick to it. At the moment they are trying to trip you up for bullying and harrassment, fiddling expenses and going AWOL without any evidence as far as I can see. Bastards!

Ronaldinhio · 05/01/2010 13:34

the counsellors point was the same stealth

sort of they have to make a case against you...be very to the point
you have no need to justify yourself etc
bottom line is that I will be out of a job v soon though and I fear without notice!

OP posts:
Miggsie · 05/01/2010 13:35

Get a copy of the company policy for such hearings.

You should be entitled to have a witness with you, for the hearing.
If you belong to a union you can take the union rep along.
Otherwise take a very competnet and cool friend or even a solicitor.

Write down everything said at the meeting.

Don't agree to anything at the meeting either verbally or on paper.

Do not get angry or upset at the meeting.

Ask for specific examples of everything that comes up. If they disabled your email and blackberry so you cannot ansewr the questions, make this quite clear and do not agree to anything they suggest.

You must insist on getting at least archived copies of your mail and calendar. Although the information may belong to the company you are entitled to view it if it is being used as evidence.

If they prove intractable at the meeting say you cannot answer certain points until you get legal advice.

I would advise ringing ACAS or a solicitor dealing in employment law.

You also need to raise the issues with HR for the areas where you have been asked to supply information but have been denied access to your calendar so cannot confirm.

write it all down and maintain a full paper trail.

ilovemydogandmrobama · 05/01/2010 13:35

So, you have a list of the charges?

You have the right to be accompanied if it's a disciplinary hearing, either by a union rep or by another employee.

You also have the right to have sufficient time to prepare your case, so for instance, if records aren't available, and is a major aspect of the allegations, then you should ask for more time to get the records. If there is a tech department, then could they reassemble the Blackberry so you can view your old diary? If the allegation is about expenses, and all the information is on it, then think it would be reasonable to ask that it is put in a state where you can defend yourself.

But please please don't go down the constructive dismissal route without legal advice. It is really difficult to prove.