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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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can my manager lie about me to her manager and in that way

Resolved Question:

Hi can my manager lie about me to her manager and in that way get me dismissed form work? I cannot prove othervise because she is a manager and she will be believed more thank me, simp,e healthcare assistant. Thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

Hi, 7 years

Customer:

Hello Ben

Ben Jones :

what is she lying about?

Customer:

She is saying things I didn't do at work: today she said she saw me reading newspaper, then I realised if this continues I can get fired because it's really scary

Customer:

the fact is- I'm. It being like at work and this workplace is sought after by many people and my manager is being coltish for some time to me

Ben Jones :

ok thanks let me get my response ready please

Customer:

Sorry for grammar mistakes, I'm very stressed

Customer: Hello?
Customer: I cannot see you, are you talking to me or not?
Ben Jones :

Misconduct, such as the allegations you have described, is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.

However, in order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:



  • Conducts a reasonable investigation;

  • Follows a fair disciplinary procedure;

  • Has reasonable grounds for believing the employee was guilty; and

  • Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.


In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:

1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.

3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken. They should not just take the other person’s word, some more evidence will be needed and that is what the investigation is about.

If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.

I hope this clarifies your position, I am sorry to have to rush off but I was just going offline as I have a very early start tomorrow but thought I should give you some advice before I go. If you have follow up queries I will respond to them tomorrow on here, thanks

Customer:

Thank you yes please I have more questions, my colleagues can 'give' evidence too to support my manager. I guess I'm not being like there simply because Im a bit. Ore serious and ***** *****ke talking arrond. Today one of my colleague complained that I locked the doors in the room wheres

Customer:

Thanks

Customer:

(sorry pressed to soon) : today one of the colleagues complained about me that I locked the doors for privacy while I was changing to work clothes, though when she knocked, I opened them. This colleague works on the computer in the room where I was changing ( there's no changing rooms in unit where I work, only examination rooms). Another colleague complained that I was on the phone during working hours ( I'm purchasing the property and was with my mortgage adviser in the phone for a minute). The same colleague though herself speaks on the phone everyday because she has family in Africa and London, and I can see her everyday hiding in the corner on the phone but never told anybody.

Customer:

My manager saw me before having iPad at work, she talked to me about this - 3 months ago- and I never brought this iPad to work again, but this can be added to the things about me. Another thing: how can I deal with rude communication? say a colleagues is rude to me and nobody can see it and I respond in rude way to her, she goes to manager and complains about me. Manager talks to me about that ant

Customer:

.. and confronts me and puts me on a trail period. i was advised not to talk rudely back but rather talk to manager about rude colleague. I did so as well- my colleague was interrupting my talk on the phone while I was at work, she wanted to speak to me. I asked her to give me a free minute. She started speaking in loud voice and telling me something I could not hear as I had to leave the room while still on the phone, dealing with my mortgage adviser. So I asked manager to speak to my colleague about not being rude and giving privacy. But this colleague responded that because I was at work, I not supposed to use any phones ( even though as I mentioned above - she is on the phone everyday and even ignores me if I want to talk to her about the patient. what can I do to protect myself?

Ben Jones :

if someone talks rudely to you then just as they have complained about you, you are able to complain about them. You can do this informally or by raising a formal grievance with the employer. At this stage I cannot see anything serious enough to justify dismissal so you may be worrying a bit too much over this

Ben Jones :

Can I clarify anything else for you?

Customer:

Hello Ben, glad you back. I have 3 questions: can my manager build case against me from small not serious misconducts that can lead over prolonged time to my dismissal, can she make up stories about me to have me to disciplinary meaning that can further contribute to my dismissal? I was told that if bosses want somebody dismissed, they can do it easily, they don't need any reason, made up reason, covered with lies of other people can produce nice story againste me and I will be dismissed. Say if manager gives me constant notifications about something I have not done properly at work or done improperly ( something that others do the same as me but manager overlooks them). Can my manager then 'build' for a case after prolonged time from all these not serious 'misconducts' of mine and prepare me for dismissal? I mean can she make everything look serious just because she want to get rid of me? Another question: if my manager talks to me in front of other colleagues in authoritarian demanding voice but in friendly voice with other colleagues of mine, can I respond to her in the same manner withouth anxiety of her taking any action against me that may lead me having problems at work?

Customer:

I'm a person who is an easy target to bullying : very quiet at work and nottice that those stronger just picks me up, but I'm afraid to stand for myself as I don't know how strongly I can stand for myself as I can be taken to line manager and recorded for inappropriate behaviour. Others do that withouth smallest fear being taken action against and nobody does to that bully person- she bullies even doctor consultants and is simple healt agter assistant and I really amazed that she can literally get away with such behaviour

Ben Jones :

potentially yes a case can be built but we are talking about a long period of time where the employer has found you guilty of the alleged offences then issued you with warnings and over time the warnings top up to result in dismissal. I would not advise that you respond in an authoritarian manner to your manager – do not rise to the bullying, if you have been the victim then raise a complaint with the employer, do not fight fire with fire in that way

Customer:

You say found me guilty of these alleged offences, but what if she did not? What if she's is making it up? There's no one to prove her wrong because she is a manager and everybody will believe her not me. She will say: you were seen talking on the phone/reading newspaper, when in fact it didn't happen. Case build from these allegations. And how can I protect myself or disprove them? She will build the case from those untrue allegations who can prove that they are untrue?

Customer:

What can I do to prove her wrong? Other colleagues do this, not me but she closes her eyes on them. I don't care about others dong that but how can I protect myself from her accusing me of something i did not do?

Customer:

Sh is new manager, started last month. I been at this workplace for 7 years with 2 previous managers and no real problems with them, only with this it all started and its really unpleasant

Customer:

my guess she is like that because she does not like me complaining about my colleague who are rude, I asked her few times to ask my colleagues to communicate in friendlier way. Since then she started instead picking up on me. By then if I don't complain - they will complain for being rude to them. One colleague already apologised to me for being rude and changed her taking style 180%, but another one is very stubborn, she is bully to me and to others too. What can I do?

Ben Jones :

please take a look back at the initial response I gave because employment law only requires an employer to conduct a reasonable investigation and then form a genuine belief that someone is guilty - so it is possible for someone to be found guilty of an offence they have not committed just because a few people get together and corroborate the evidence against that person - it has happened before and can happen again. All you can do is to take detailed notes of all incidents - some people even record certain conversations, that is not illegal.

Customer:

Thank you

Ben Jones :

you are welcome, all the best

Customer:

I tried to give you a smiley but nothing happens.. Also happy to pay you.

Ben Jones : Sorry there may have been some issues earlier, system should be working now please try again. Many thanks
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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