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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50191
Experience:  Qualified Employment Solicitor
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my manager made a complaint against me, i was not allowed to

Customer Question

my manager made a complaint against me, i was not allowed to get statements personalny from my witneses , i have been asked to write my questions And forward to the office so they would ask on my behalf; what happend was : they asked my witnesses different questions And person who was asking questions on my behalf was the person who made a complaint- is that acceptanle, legally right?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Is the employer taking formal disciplinary action against you?

JACUSTOMER-ojvzym6e- : yes, I was given the date for disciplinary meeting 2 weeks ago , they send an e mail saying bring you evidence and supporting papers so I responded - " how can I get supporting statements if you didn't allow me to contact my work colleagues , since the. they asked me to write questions I wanted to ask my work colleagues and they said they would ask on my behalf , they wrote they would set up new date for disciplinary hearing- they asked different questions o. my behalf no the one I sent them , and I was informed by my work colleague that the person who asked them was that manager who made a complaint about me
JACUSTOMER-ojvzym6e- : can somebody respond Please ! i paid the money i have no response
Ben Jones :

Apologies for the delay in responding, the system had not informed me that you replied to my initial query. Are you still in need of help as I am happy to continue this discussion with you? Thanks

JACUSTOMER-ojvzym6e- : yes i need the answer to my question ? if You could kindly respond
Ben Jones :

Thank you, please find my response below. What you have been told so far is more or less correct in a sense that if the person who is involved in this wants to take part, they should not be doing so to avoid any potential bias. This may not be possible in small companies where the management structure is very limited and one person has to deal with everything, but in bigger companies where there are other managers who can do this, someone independent should be assigned to deal with the procedure.

In order to fairly defend yourself you need to be given the opportunity to see the allegations against you and prepare your own defence. This could involve asking witnesses for information and whilst you may be prevented from seeing them face to face, they could be forwarded your questions and allowed to provide an answer. The employer should not change the questions you have asked of the witnesses and you have the right to expect them to be given the actual queries you have sent to them. The employer could ask these people different questions as part of their own investigation but you should also be allowed to ask your own. If the employer thought that they were in some way inappropriate then they should have told you in advance and given you the chance to amend them if necessary but they cannot just change them without consulting with you first.

All of these points can allow you to lodge an appeal following the outcome of the disciplinary and challenge the matter that way.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-ojvzym6e- : on Friday I have been dismissed without notice, so I am going to appeal as I was provoked by floor manager, he made a complaint that music was to laud , which was not ! he ordered to turn it off , the music was comming from the kitchen, I am managing the kitchen , why was he interfering ? in the statements nobody says the music was to laud, I was upset as to me manager was being a nuisance and had no reason to complain , I said piece off ; it was more like a give me a break as floor manager it's very bossy , anyway i have been dismissed And the music was a reason fot all of this ! imagine ! did You have similar cases? can i win an apeal??
Ben Jones :

Hi, sorry to hear about that, can I just check how long you worked there for please?

JACUSTOMER-ojvzym6e- : 7 years