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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46808
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Where a grievance has been made against me, should i be entitled

Customer Question

where a grievance has been made against me, should i be entitled to a. have details of the claim before i have an investigation meeting and b. am I entitled to minutes of the meeting to agree the content prior to a decision and any action
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
It is my wife I am writing on behalf of. Approx. 10 years
Customer: replied 1 year ago.
By way of background. She is a community pharmacist for a company and it is our opinion she has been bullied out of her shop by her staff who have made grievances against her. She was called to an investigation meeting and so she asked for the grievance papers but hr refused to give her them claning data protection. She had no prior knowledge of the grievance before the meeting. She received a letter yesterday giving the decision of the grievances without my wife and her representative having a copy of the minutes to confirm they were correct. For all we know her answers may have been misconstrued, twisted etc.
Customer: replied 1 year ago.
Should have said no prior knowledge of the content of the grievances
Customer: replied 1 year ago.
not sure if this has gone back to you - can you confirm please ?
Expert:  Ben Jones replied 1 year ago.
Yes sorry I am still here, I was offline for a short time by the time you had replied. I am preparing my response for you now.
Customer: replied 1 year ago.
ok thank you
Expert:  Ben Jones replied 1 year ago.
When a grievance is raised against someone the employer will have a duty to investigate the allegations and decide if any further action is necessary. So if your wife is being investigated she would be subject to the beginning of a potential disciplinary procedure. This is dealt with under the ACAS Code of Conduct, which states the following: “It is not always necessary to hold an investigatory meeting (often called a fact finding meeting). If a meeting is held, give the employee advance warning and time to prepare.” There is no specific mention that the full allegations or details of the complaint need to be disclosed. The employer should give her some information as to what is being investigated but at this stage she would not have the right to demand the full details. She will have more rights if she was taken through a formal disciplinary hearing, not just an investigatory one. The Code states that in this case: “If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.” In terms of the minutes taken, there is no legal requirement to pass these by her beforehand but she has the right to see them at any stage. So she could request a copy now and see if they reflect what was discussed. If there are discrepancies then she should raise these with the employer and provide any corrections. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
understand they don't have to provide full information but the letter said"we re in receipt of letters from the staff at x in which they have raised a grievance against you " How can my wife prepare for the meeting based on that information ? the decision letter states what the grievances are based on e.g. lack of communication, lack of consistency etc - i would have expected this to be in the original letter because after all ACAS does ask all parties to be fair
Expert:  Ben Jones replied 1 year ago.
Yes but it is quite wide and open to interpretation. Generally, in investigatory meetings the employee is not provided with the full details f the claim. This is just an opportunity for the employee to gather more evidence and decide if there is a further case to answer. Only if they proceed to a formal disciplinary should they provide full details of the allegations. But in an investigation, there is no strict legal requirement to do that. Hope this clarifies?
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46808
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks it does
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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