Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is XXXXX XXXXX I am happy to help you today. How long have you worked there for?
2 and a half years
so are you saying that your colleague is now facing a disciplinary as a result of your (and the statement) of others?
I do not know or have any information regarding this
Ok thanks, XXXXX XXXXX effect you do not know what the 'hearing' you are asked to attend is about?
No and know no one who has any idea of the terms of reference of this meeting they have just been asked to attend. I presume I may also be asked but as yet have had no contact.
Ok understood. Generally speaking if an employee is asked questions in the course of an investigation meeting, they do not have the right to assume their statement is confidential. If the employer says it would be treated as confidential or the employee states that it is given in confidence then this would be different and the use of your statement could be classed as a breach of trust/ breach of confidence. As you feel sure that you were told that your statement was made in confidence then you have the right to feel aggrieved if your statement is later used and the correct process is to raise a formal grievance about this. You will be able to get a copy of the grievance procedure from your HR department.
Given that you do not know what exactly is going on I would suggest you raise informal concerns in the first place. Hopeuflly this will lead to your mind being put at rest.
If you have any further questions about this please do ask.
Can Mencap insist that I attend the meeting? Is it a legal requirement? Am I putting my employment at risk if I refuse to attend? Are they required to give me information regarding what the meeting is about? Surely I should be able to prepare myself if attendance is mandatory.
Hi you should be told if a meeting is mandatory what it is about. Theoretically you could get into trouble if you refused to attend as the employer may class this as a refusal to follow a reasonable management instruction. Ultimately this could put your employment at risk as this could be classed as gross misconduct.