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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47413
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have issue of an investigation that's taken place by a 3rd

Customer Question

I have issue of an investigation that's taken place by a 3rd party investigators but think the investigation has been done but think it was do done correctly and is sort of fixed on my employers side any advice ?
Submitted: 1 year ago.
Category: 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. Can you please explain in more detail what has happened?
Expert:  Ben Jones replied 1 year ago.
How long have you worked there for?
Customer: replied 1 year ago.
2 years 3 month appx
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
My employer I think has it in for me is one , I have been accused of moaning because I put a stop card in about mess of workshop but she ripped it up in from of my face . She has shouted in my face told me get out of her face and she doesn't want to see mine . I get minimum training one guy gets all training also one colleague was told he would not be getting awa as much as one guy has a mortgage now to pay think I'm been targeted and driven to leave also indeed a rep for my meetings as I think they don't give me much time and that people holding investigation is on one side only .
Expert:  Ben Jones replied 1 year ago.
Hi, the first thing to note is that an investigation is only the first step in the process. It does not mean that you are guilty or that anything else would follow afterwards. However, the law does require the employer to conduct a reasonable investigation before they take any formal action.
The main issue here is why you are being targeted and if it id because you have raised health and safety concerns then it could amount to detrimental treatment after you have made a protected disclosure (i.e. been a whistleblower). Whilst you could potentially make a claim for this now, you may wish to wait and see where the employer takes all of this. For example if they decide to discipline you or even dismiss you then you may have a case for unfair dismissal and you could claim against them for that, making a claim for protected disclosure as well. If you feel forced to leave because of the way you have been treated then you may also consider resigning and claiming constructive dismissal, although that is a more difficult claim to make so you should try and see if they will dismiss first and claim unfair dismissal which would generally be easier.
You may also want to know that if you are unhappy with anything at work you always have the option of making a formal complaint by raising a grievance. The employer will have to investigate and deal with it and you can appeal it if necessary. So you can either raise that now or wait and see what happens after the investigation.
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
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have nobody backing my case , getting very little time am not a member of a union but had meeting yesterday relating too first investigation I don't think it was fair as my ops manger was reading out my concerns in front of investigators one left early my ops manger kept arguing as I tried to reply the investigator never said nothing but I did feel I need a rep to help and that already feel investigators are on employers side the whole meeting was not finished I don't have a lot of money but require someone to help or represent my concerns and case I believe I now have please help how I can get help or a rep .
Expert:  Ben Jones replied 1 year ago.
You are not legally allowed to be accompanied at investigatory meetings, this only applies to disciplinary hearings so only if this goes to a formal disciplinary will you get the opportunity to be accompanied and assisted by a union rep. Also you would need to be a member of a union so if you are not at present it may be an idea to try and join now so that you may use their help if it it is needed in the future. So this is the only way you will get union help and there is no other free help for employees really, apart from maybe the Citizen's Advice Bureau but they are limited in what they can do. So the best option would be to join a union ASAP and try to use them as much as possible. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
They said I could take in a rep to investigation meeting , during second meeting my boss was reading out the concerns with two investigators present and answering thenm to me , it was more her arguing and making signs that stewing my head accuse img me of being crazy etc etc , if I tried to answer the investigator took her side by backing her one note keeper left early other kept looking at her watch the meeting was not finished I felt insecure and that was unfair I emailed the USA side saying I thought was unfair but told its professionals done . Bit confused .
Expert:  Ben Jones replied 1 year ago.
they may allow you to take in a rep but that is entirely down to them, it is not a legal right. At this stage as I mentioned it is just an investigation. There is not much that can be done until this goes to a formal disciplinary, and there is no guarantee yet it would go that far. Only then can you formally defend any allegations and challenge the process, such as the investigation. Of course there is nothing stopping you from raising a formal grievance now to complain about what has happened
Customer: replied 1 year ago.
Hi , today we had customers in speaking with a tech I walked past and put forward an idea what they were asking for the tech congratulated me for great idea , few mins later the ops manger who complaint came storming through and pulled me and another colleague that was near at time told us not to talk to customers unless invited in investigation she expressed her liking to constructive ideas think she is using any excuse she can to have a go at me ??
Expert:  Ben Jones replied 1 year ago.
This could amount to bullying, which is unfortunately something that happens all too often in the workplace. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it. You are able to raise a grievance about this if needed.
Customer: replied 1 year ago.
Hi Ben ,
If I was to report it what process must I go through and to whom do I report it to ?
Expert:  Ben Jones replied 1 year ago.
Check if there is a grievance policy and follow it. If not you write up your complaints and approach your line manager (or the next person higher up if the complaint is about your line manager) and tell them you wish to raise a formal grievance
Customer: replied 1 year ago.
Hi Ben thanks ,
Also we and my colleague who we both travel to work together was the two of us that comment was made to , also we all had sets of keys to the building but after this investigation, all our keys were handed in , then she realised we wouldn't get in so called back one other employee and gave him keys to open up last week , but he is off on Monday . So it was mentioned today by guy with keys who was going to open up on Monday , now that guys is just a technician same as me and guy I travel with he was told to tell us that the guy from the other firm will let me and the other colleague in . Think she's dragging in him as I travel with him and she said I'd be made no difference to any employee, why not give him keys and why we both not getting think this is ridiculous. Think she is still against me and has it in for me .
Expert:  Ben Jones replied 1 year ago.
Hi this is diverging a bit now from the initial query so it is not really a connected follow up query unfortunately. More than happy to continue assisting but if you need further help on these issues then please post as a new question for my attention, many thanks
Customer: replied 1 year ago.
I also think that some of the things she has said in investigation is lies and not the truth . If I bring this up I'd get into more trouble ?
Customer: replied 1 year ago.
Do you think I would have a case ? For she has accused me of always moaning said in meeting only 1/10 of my moans are genuine , she has accused my of being jealous of other employees, s""t stirrer and a bully ? If so what ?
Expert:  Ben Jones replied 1 year ago.
I would say that you are more likely to be the one being bullied so as mentioned above the best way to pursue this would be through a grievance
Customer: replied 1 year ago.
What would happen , as I think I would be ignored and nothing would be done again as he said that the president whom I complained to said he was annoyed I put in a complaint. So bit confused that looks like I'm getting all blame for reporting the issues but nothing gets done regarding them but the say they will , I think she has lied as well but I feel it's going to get worse if I complain but can't carry on like way it is . Which Union should be best to join if you have any links or numbers be great thanks Ben .
Expert:  Ben Jones replied 1 year ago.

You have the legal right to raise a grievance - the employer has a legal obligation to deal with it, investigate it and come to a formal conclusion, which you can appeal if you are unhappy with. In terms of unions it really depends on whether there are any recognised unions in your workplace and you can join that one. If not then you could use this union finder tool to select the most appropriate one for you:

https://www.tuc.org.uk/about-tuc/union-finder