Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** i am happy to help you today. What would you like to know about this?
This accusation came about after I had an issue with the person who made the complaint ,I did not say this I am quiet sure ,however they have done an investigation and have said it will go to disciplinary this has been nearly I month now ,to say I am very worried is an understatement I feel they may be fabricating evidence to get me out .. as in our team there have been a number of things not done correctly and no one else has been disciplined I have worked there for 17years with nothing on my record
Were there any witnesses to the alleged statement?
Not that I am aware off how ever I guess there must be something as they are going to disciplinary ,
you mentioned that there was an issue between you and the person who has made the allegation is your employer aware of this? Can you explain what the issue is?
On the day in question there were not many of us in the office when we are on the phones its very difficult to hear what each other is saying Yes I do extra security checks ,this person is the worse offender for leaving her laptop open I have said to her she will get the gold star,on the day I had a conversation with a guy who wouldn't wear his ID badge properly after giving him a new holder to which he said he didn't like it I joke and said oh Luke if you don't Ill have to report you to which she said OMG its like working for the gestapo
Ok so you think she has got it in for you? Have you mentioned this in the course of the investigation?
I did in the initial consolation but only to say that I knew where this had come from and it was after this incident ,as she wanted to remain anonymous, how ever she had given it away ,as when I came back from lunch she was with our team leader and another manger as ours was on AL
Ok well have you been told that your disciplinary is an allegation of gross misconduct and a potential outcome could be your dismissal?
No I'm sat waiting for my letter ,on my initial suspension letter it said unacceptable Language ..
Can they change this
Unacceptable language can potentially amount to gross misconduct.
Your employer must have reasonable belief though that you have carried out the act of gross misconduct and must have carried out a fair investigation.
If there were witnesses you should have been told prior to the disciplinary hearing.
The employer should also consider your evidence in mitigation, which is that the employee has a grudge against you and your length of service in determining the outcome.
If you have not been in trouble before it would seem unfair to dismiss you for this.
If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer.Thank you and all the best.
Thanks can this be from hear say as this person sits behind me and could no way have heard anything I said, I have not been told that they have witness's..is the onus on me to try and prove I never said it
It is hard to prove reasonable belief on hearsay in the absence of any other evidence. :With 17 years service I would suggest that it would be unreasonable for disciplinary action to be taken against you on that basis.
No problem, please do remember to rate my answer and good luck with it. Do come back to me in the future if you need to.