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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48772
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have received a grievance against another employee due to

Resolved Question:

I have received a grievance against another employee due to serious derogatory comments being made about the individual in question. Words I would not care to write down !!
As part of my investigation meeting invite shall I include the letter to whom the grievance is related to in order for him to able to defend his words at the investigation meeting. I have stated in my invite that due to the serious nature of this issue I would ask that he doesn't discuss it with his work mates....
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you just holding a grievance investigation at first rather than a disciplinary one?

Customer: replied 1 year ago.

yes we are

Expert:  Ben Jones replied 1 year ago.

You may involve the alleged perpetrator in the grievance investigation to allow them to present their side of the story before you make a decision on the outcome of the complaint. Yu cannot take direct disciplinary action just as a result of what has come about in the grievance but it can allow you to start a formal disciplinary process separately once the outcome has been decided. To ensure that any disciplinary matter is fair it must be investigated separately to the grievance so you may have to run another investigation should you decide that the employee has a case to answer.

There is of course nothing stopping you from making a specific request that they are not to discuss this with anyone else – this is a reasonable managerial request.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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.

My fear is the grievance has the employees name on it and I don't wish the matter to escalate, however if the person who the grievance is against doesn't see what has been said against him he will not be in a position when I sit down with him to have prepared himself - am I right

Expert:  Ben Jones replied 1 year ago.

At this stage he does not need to be told what was said against him - you can just investigate by asking him questions and getting his side of the story. However, if it was to proceed to a formal disciplinary against him he should be given the allegations formally be able to defend himself. Hope this clarifies?

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