Help with investigation under disciplinary procedure

[hedgehog62 10]

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Disciplinaryprocedures/DG_10028111

 

Thanks for that Grandad Malky:)

[MobileB 10]

Can I just clarify?

 

He has been suspended since August, there has been an investigation but now there is going to be another investigation meeting?

 

Also, has he been sick since August or has only just become sick after been notified of the suspension?

[hedgehog62 10]

Can I just clarify?

 

He has been suspended since August, there has been an investigation but now there is going to be another investigation meeting?

 

Also, has he been sick since August or has only just become sick after been notified of the suspension?

 

Hi

yes to your first

 

Been suspended from August not just notified of suspension and yes been on and of with bouts of depresion from the suspesion he feels that the company has let him down, after many years of working there and putting in many hours of his own time (without pay) looked after some one who's family did not care about until he died and the managment turned round and said why would they leave you a gift (which he was unaware of) this is against company policy we are a buisness and you should not get emotionaly attached to your (as they quote) service user.

[H_Hounds 10]

Was this person a client? Or a colleague? I'm guessing they were a client and that it is company policy to not accept gifts as it may influence your professional judgement/decisions...

 

What an awful situation to be in. Really sorry for your nephew. I think big companies just want robots working for them.

 

Your nephew will have to face the investigation at the end of the day but I don't think they can penalise him if it is postponed due to sickness. He needs to prepare for this and get some facts down on paper which he can have with him at the time. He needs to look at what exactly they are accusing him of in the letter and plan to either prove them wrong or go on something that will make it an honest mistake if he has gone against company policy, like lack of training on their behalf.

 

He is allowed to adjourn at any point and so is his witness. Has he been in an investigation before? The note taker has to write everything that is said down so it is advisable for him to take his time and think his answers through before speaking. If he is struggling he should ask to adjourn so he can have a break and more time to think. He must stay professional.

 

Remember it is HR that make the final decision so in essence they should unbiased. So whatever feelings his manage has towards him should be irrelevant. If he can keep that in mind he will be able to answer better.

 

Good luck!

[MobileB 10]

I think after this length of time, they could still go ahead with the investigation even without the input of your nephew. Remember an investigation is not a disciplinary, it is exactly what it states. However, your nephew is also entitled to take into the meeting with him a witness even at the investigation stage. To deny him that could, if it ever went to tribunal, potentially be seen as unfair.

 

Remember the ACAS code is just a guideline and if the company do not follow the procedure then it will not automatically be unfair like it used to be. However, a tribunal would want to know why they have reasons for not following the code if that turns out to be the case.

 

I think an important point is whether he has presented sick notes to the company during this period or not. If not, then then it is potential that they think he now only going sick to avoid the investigation and so they may continue it without his input. Not good practise, though and I think they should look to medical record/occupational health before proceeding if they are wishing to look fair.

 

If he has been submitting sick notes then they should certainly look to medical records/occupational health before proceeding.

 

Sorry for asking lots of questions but it is quite complex area with lots of its and buts and it is hard to provide advise without knowing the full story.

[H_Hounds 10]

Hi Hedgehog

 

Did you manage to get any advice from ACAS/Citizens advice bureau?

[jamesogt 11]

If he was unaware of the gift then how could it have been accepted?

 

It all sounds a little odd.

[MissChatter 10]

Hi best thing to do is get in touch with acas, find a collegue who can help you put a case together. Look thrrough all the investigation notes with a fine tooth comb, and make notes. If there is people who have made statements you can call them in as witnesses if you feel the need to re question the witness. Make sure you have access to all policies and proceedures relvent to your investigation. I am not sure what you do for a living, in some jobs (or most jobs) accepting gifts of anykind is not allowed unless ok'd by your manager however if you can prove you were not aware of this, then maybe its a management issue. Good luck.x