There is sadly no guaranteed way of proving your innocence. In the end you can only use what is available to you and if there was nothing more than character statements that you could put forward, then you will only be able to rely on your own evidence. The issue is that in allegations of bullying there is often not much neutral evidence and it is the accuser’s word against the alleged bully’s. In some circumstances here simply won’t be any further evidence that can be provided. So you will not be able to do much more apart from to reiterate your position, try to look for holes in their version of events and basically attempt to persuade the employer that their evidence is inconsistent.
Also note that an employer does not need hard evidence to be able to make a decision, including dismissal. 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.
So 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.
At this stage your only option is to appeal and if that fails, you will have to start thinking about whether to make an unfair dismissal claim in the employment tribunal.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you have to take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you