Help with disciplinary hearing please

[colgate01]

I was suspended 3 weeks ago pending investigation into my alleged conduct. I have just received the details of the allegations and a request for a disciplinary hearing and could do with some advice from your experience.
Having read the witness statements they are largely falsified. They contain so many obvious errors and misrepresentations of situations I don't know where to start. I was seconded to a branch office to help restructure and manage the business which was failing. The manager there had lost the confidence of the company owners and I was asked to see if I could rescue him and the business. I worked in good faith with this person for 6 months, when the owner came to the office and decided to demote the manager and asked me to manage the business in the interim whilst they decided how to proceed. Since then (over a two week period) my relationships with a lot of the office staff suffered and when I recently took a vacation, four of the staff collectively issued complaints about me including the former manager.
The statements all recount the same incidents and are clearly false and slanderous. They haven't provided any evidence, because there often isn't any. They have basically said I have said things which I would never say and have behaved in a cruel way towards them - which I haven't. People are clearly lying in the reports. I believe I can prove a lot of this but how to do you prove yourself correct, when the two other people in a situation are lying?
I am really shocked (and perhaps have been a bit naive). I can't believe anyone would write so many lies and put their name to it.
I am seeing my solicitor this afternoon but would appreciate some help and advice from you.

[tiglet]

Bump

[breeze1996]

I had a lot of lies told about me when i was 16.
The script of what happened written out by the company secretary was so diffrent from the things said in the room it made me cry.

I even took a union rep in with me and he lied to, because he wanted to save his own job.

Unless you can get one of these people on tape saying it's a lie it really is a case of who they think is telling the truth. Are there no tapes of the right time or someone who will speak on your behalf?

Lucky for them.... I took them to court and they paid my boyfriend £15,000 in 1988 as redundancy so long as I dropped the case.

[colgate01]

Hello,

Thanks for the response. I kind of feel hesitant to even ask anyone else. I am not allowed to communicate with any staff so I would have to ask HR to do this. Given the false nature of the statements taken, I am not confident that anyone would speak up. I can't believe that the allegations have come from the people who complained - I thought they were my friends..... I don't know who to trust right now. It is a big life lesson for me!

I am preparing my response for the hearing now and will include some recommendations for people they should interview. I feel the writing is on the wall though and nothing I say will change their minds.

[Sidewinder]

Sorry to hear that you find yourself in this position. It would certainly seemed that something has gone on behind the scenes which has triggered this incident.

No doubt your solicitor has already started to help you build a defence - hopefully this will be good advice which will clear your name.

In what way did your relationships with the staff suffer? What exactly are you accused of? Anything which could be construed as Gross Misconduct? Anything less than that and at least your job shouldn't be at risk. Far better though to clear your name altogether though. From what you have said it should be relatively straightforward to knock down whatever has been said about you. List the facts of the case as a starting point for your defence - the office failing, and you being given a position of trust and authority to turn it around. A previously unblemished record and no similar allegations ever made about you. A categorical denial that the alleged conversations and incidents ever took place. Resentment on the part of the complainants that the Manager had been demoted? Seen as upsetting the applecart? New broom? The manager himself would have grounds to undermine you due to his demotion anyway - why should he be believed? Leave your employer in no doubt that you consider the statements libellous in their content.

Simple questions to ask (but maybe difficult for them to answer). Why having given you the authority and being sufficiently pleased with your work to consider you worthy of managing the office, are they now inclined to believe such obviously false statements, made solely (it would seem) as a result of the backlash of the manager being demoted. What has happened to the support of the company in circumstances which might have been predicted? Is the office working efficiently and has it improved since you were put in charge? Do they want popularity or profitability?

[colgate01]

Hello,
Thanks for your response. The statements are very critical and contain what my spolicitor described as very low level back stabbing. They are trying to make out that I am some sort of tyrant in the office and have been bullying and manipulating people. My solicitor only pulled out about two allegations out of over 40 pages of statements, which he said were potentially serious and could be taken as bullying. He said the rest was petty. I had a very good working relationship with these people, particularly the office manager prior to his demotion. We socialised outside of work - we even socialised with my boss and his wife. I believe that this has started with someone else in the office who is the office manager's best friend. He has always had the ear of my boss and owner of the company for some reason and I think his word seems to carry further than a lot of people. I have an unblemished record and performance record but there was one other incident caused by the office manager's friend, where I was called into my bosses office and I felt reprimanded. Basically, this person had claimed that I was dismissive of him when he asked for help. The truth is that if he wants anything he will bully you until you drop everything and help him and I refused to do this. When my boss asked to see me, I felt as though my opinion didn't matter and so I am not so hopeful it will carry much weight in the hearing. This person threatened to leave and this seems to be the core of it all.

My solicitor told me that although the statements are clearly false and written with malicious intent, the fact is that there are 4 statements all relating to the same events and if the company wants to get rid of me, they will.

The questions you raise in your last paragraph are exactly the ones I have been asking myself. My boss stated in the meeting regarding the suspension that my work was in question and they understood and appreciated everything I had done for them. A week previous to this he was talking about my return to the UK and how I would be promoted to a Director....? It doesn't make any sense to me and has caused so much stress and anxiety that I am now on medication for the first time in my life. This isn't me at all. I suspect that they are now doing this to discredit me and stop me from working within the industry.

The truth is I do think that my boss does put popularity before profitability. This has always been the way of the business - he hires his friends and relatives into senior positions.

I feel that if they wanted me there, they should not have suspended me because it would be very difficult for me to go back now. There were no warnings, help, training - nothing. I have another team of people who report into me and they are fully supportive - they can't believe what is going on.

[poppynurse]

How about putting in a grievance against those making false allegations? They obviously don't like the fact that you have been sent in to sort things out and are retaliating.

[Sidewinder]

My feelings exactly.

40 pages of statements Somebody has done a job on you in an effort to make something stick! Was the former Manager one of those providing a statement?

As for not being able to communicate with those who might provide statements to support your defence, you must go through whatever channels are neccessary to obtain these and can't have a disciplinary hearing until you have them. Do you not have any private e mail addresses for some colleagues who would provide a statement? You cannot be prevented from contacting people outside of work - who knows, they may be able to provide evidence of a smear campaign against you?

Concentrate on the four events which seem most serious, for as you suspect, the employer is likely to use the matching details as corroboration. Have you any response to these? Did the events actually take place? Is there any paper trail or e mail record which would add weight to your side of the story? You could if neccessary submit a request for e mails to be provided if you can't access them remotely.

[twoofus]

Firstly Sidewinder is pretty much on the ball.

I would put a formal request in for all evidence that is to be used against you at your hearing. That way they cannot throw anything at you that you haven't seen, it is their responsability to provide ALL info and failure to do so means it cannot be used. Also stay positive, they have to prove your guilt, you don't have to prove your innocence.

Also check the companies discipline proceedure to make sure they follow it to the letter, if they breach it they cannot discipline you.

[tiglet]

Or, if they dismiss you because of this, you may be able to automatically claim unfair dismissal.

one thing concerns me - you mention working abroad - would OP still be covered by UK employment laws? Is the hearing to take place in the UK?

[colgate01]

Hi everyone, thanks for the posts - it is very helpful and comforting! I didn't think I could write my statement today and was considering giving it all up. Your posts have really helped - thank you.

Yes, the manager is one who has made the most outlandish comments. His statement is about 7 pages of really poor criticism. He often doesn't actually refer to any particular incident, just makes nasty comments or where he does, the facts are completely wrong. I was so shocked to read it. Basically there is no proof either way for a lot of these things because they did not happen and I did not say the things he said I did. The only third party evidence he has is the say so of his best friend. I can provide emails and evidence which contradicts his opinions in the statement and suggest third party witnesses to things I have said which contradict what he is saying I said or did. One of these people isn't even an employee of the company so should hopefully be neutral and feel able to speak. The other complaints are easier to handle. They generally list specific events - some of which did happen but are now being used in a misleading and negative way - for example conversations had in a joking fashion are now being used as 'evidence' of me being demeaning to someone. Anyone can see the light in which the comments were made was harmless. It is the Managers report which is the most shocking and unsubstantiated.

As for the evidence. I am going to list requests for them to review certain emails and to interview certain witnesses. The evidence they have given me isn't very damning - just a few emails which don't really say anything.
I don't believe they are actually going to follow it up though. They did follow-up one of my grievances and all they did was show my report to the person I was complaining against - he has now submitted a complaint himself, which I have to answer to. His complaint is that I failed to say hello to him in the morning and 'glared' at him one time????? They didn't interview the five witnesses to this.....

I have now found out that one of my team in the UK has put in his resignation and another is planning to follow. They are scared about what will happen to them now I am not there to protect them....I don't blame them - I think they have cause to be concerned.

Yes Tiglet, it is covered under UK legislation.

[Sidewinder]

First of all you should suggest that the Manager's testimony be discounted as there is a clear conflict of interest and an ulterior motive in providing blatantly untrue information in order to discredit your authority. Your being brought in to turn the office around has led to his demotion - why would he not feel bitter enough to try and undermine you? Without his statement, many of the others should lose credibility, particularly with the suggestion and evidence of collusion. A little work to highlight specific lines within the statements, and knock them down one by one should make it very difficult for them to proceed.

As for members of your your team leaving, are any likely to provide exit statements in support of your position?

[colgate01]

Hi there,

Yes, I should think so. The one who has put his notice in will certainly.

Three of the four complainants all have fairly obvious motives.
- One is the manager who was demoted.
- The second is his best friend, who has managed to get three people fired in the past 6 months - all of whome threatened him in some way.
- The third was clearly unhappy about two new managers coming in above her (not including me) and her conduct and performance should have led to her dismissal.
- The forth is the best friend of the third - no reason to feel insecure about her job but I know she has money troubles and may well have been easily led in this direction.
I don't think they will dismiss the manager's statement but I will bring up the motive. The most obvious thing is that I was due to get a promotion from this assignment - it would therefore make no sense for me to behave the way they say I did would it?
There are several lines in the different statements which all use the same words - which are false - so collusion is obvious to me but it is proving that to my boss. He seems to be blinded by the number of complaints versus the actual content.

[colgate01]

Hi,

Just wanted to give you an update in case it helps anyone in a similar situation.

I submitted a lengthy statement and supporting evidence which pretty much discredited all of the claims. I attended the disciplinary hearing but it was clear that my employer didn't want to pursue it.

My boss clearly didn't believe the allegations and I don't know whether he was involved in their production but he didn't want me to pursue the disciplinary and the grievances I had raised. He gave me various options, including staying with the company but I could not work there anymore and we agreed a settlement on the basis that I would drop my grievances against the company and did not disclose anything of the compliants or my evidence against them. He gave me a glowing reference. We are still finalizing the details and it isn't nice but I am glad it is nearly over.

My employer put me through 8 weeks of hell, accusing me of the most cruel and ridiculous behaviour and causing me a great deal of stress and anxiety. My team have been very supportive throughout though, as has my previous employer letting me know that it is not about me.

I know I have more to come - my employer is known for being childish and vindictive towards former employees when they join new companies so I am fully prepared for that.

I got a lot of advice and comfort from other people's situations so hopefully mine can also be of assistance to someone else.