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With this being my first post on the forum I hope you will forgive any over detailing and try to get through the whole message
Dear Forum users,
Having been referred here by a friend I would like to request comments on an uncomfortable situation I have been placed in at work.
I have recently fallen under accusations of impropriety in the workplace, specifically relating to acts of bullying and harassment towards a female coworker in the same department as I. While I feel all allegations are either factually incorrect or misrepresented, the circumstances have left me extremely stressed and thus I am here looking not only for a bit of support but primarily to seek advice on how to bolster my counter argument case.
On Wednesday 15th October I received an internal phone call from our HR person who typically does not work from an office on our premises. They were on site specifically to initiate an investigation into the allegations presented by my colleague. I was invited to immediately attend a meeting comprising three people: HR, myself, and my manager's manager (aka 'upper manager', as my immediate manager is away with a long term illness). There I was presented with two copies of my colleague's accusations in diary format and a copy of the company's Dignity At Work and grievance Procedure policies, the former containing definitions of harassment and bullying that I had supposedly contravened and the latter spelling out the processes HR will follow in order to investigate. I was in such complete shock at the document placed before me that I could make no initial comments. I was alone and, despite the accusations being untrue or misrepresented, highly embarrassed that they should even be alleged thus subjecting me to immediate suspicion.
Due to my inability to comment, my upper manager offered time to allow me to consider the situation and gather my thoughts for a response. HR proposed a follow up meeting on Friday 17th October. I returned to my department to continue working in the company of the alleging colleague. Awkward! I received an email from HR requesting I confirm the Friday meeting to which I declined citing the need for more time to investigate my legal rights. By this time I am fuming inside and figure attack is the best form of defense. Before my response is acknowledged by HR, who is now off site, I am invited into an unarranged meeting with my upper manager and the site director simply because I happened to be passing their office. Here I was quizzed on my response to HR, but this so-called informal chat was to inform me I would now be moved into a separate department to distance myself from the accuser. This was apparently "for my protection" as well. A story had been fabricated and a colleague from the other department would trade jobs with me for the near future, effective immediately. HR was now telephoned from the private office to confirm the appropriateness of job switching. During the call, HR received my email correspondence and, upon reading my concerns for my rights, assured me that the next meeting would be informal and will not "in any way determine the outcome or assumption of guilt" on my part. I highlight that, according to the Grievance Procedure policy, I would not expect the participation of the site director or HR representative during any part of an informal investigation and ask why I have not at any point been invited to be accompanied to any meeting up until this point. HR reiterate that we are still in the informal stage, that they are acting in accordance with the policies, and that I may be accompanied to the follow up meeting where I will make my first responses to the allegations. I am offered five working days from the initial meeting which pretty much sets a date of Wednesday 22nd October. I am currently preparing for that.
At this point I am not sure how much information to provide on the allegations so I will initially summarise both the accusations and my response.
My colleague has filed a grievance as they feel I have recently been over interested, over bearing, and over critical of their work. We are of an equal position at work in a regulated scientific capacity where all work must meet quality standards and one way to ensure this is all work is checked by a second worker; for our most highly regulated parts of work up to four levels of checking are performed. Upon finding errors in my colleague's work I have highlighted it to my immediate supervisor and, if applicable, other parties further up the checking-chain who were involved. In the two cases cited by my colleague I did not include the accusing colleague when highlighting errors for one of two reasons 1) they were away from work on holiday or 2) they weren't even involved with the work in question (but as they have historically worked on something similar they claim they should have been associated as an owner of this work). Here begins the accusation of bullying.
Now, in an effort to create a background to the bullying, the accuser cites historical actions of 'unexpected kindness' on my part and in effect fabricates the story that I pursued the colleague romantically. Apparently I was over persistent, that I never got the message they weren't interested despite them telling me to my face, thus putting my colleague in an uncomfortable postition. The story goes that as I eventually realise my lost cause I become hostile.
The accusations of bullying date back two years, claim that all of our supervisors from then until now have been consulted, and even that our upper manager knew about it one year ago!
I categorically state that I have never been informed in any way, by anyone, that any of my actions have made my colleague uncomfortable. I also reason that any acts of 'unexpected kindness' should not be unexpected: an innocent reciprocal offer to join me for a dinner break in a nearby cafe, flowers to boost someones mood because a family member is ill, cakes because we actually have a 'gift culture' at work where people do this. All on top of the fact that throughout my career at this workplace, which began years before the accuser, I have fancied the pants off, been associated with, bedded but eventually lost to another guy, a different colleague in the same department as us both. Everyone knows I was after a different girl all along and have had no romantic interest in the accuser!
Thank you for reading this far; please offer your comments.
The accuser and I have worked at adjacent desks in the office throughout our careers.
Our office forms a reasonably tight group of friends which stretches as far as hanging out in each other's company during work related events, e.g. when out celebrating a colleague's birthday at a pub or restaurant, but none of us otherwise associate outside of work.
The accuser has, after accepting a lift home after work, invited myself and a fellow male colleague to tour her house and bedroom at a point which fits within the dates citing me as a harasser. As no mention of this is made in their notes I would submit this as a reference for my defense that nothing has ever been going on.
I am known to be picky, but fair, when reviewing others' work. Compliance issues have been set as one of my work performance objectives for this year.
My performance appraisals, undertaken by the same superiors the alleger claims to have informed of my harassing behaviour, have been 'superior' in the category of teamworking for the last few years. People know I am unbiased and, as I keep informing my manager at these appraisals, my work actually suffers as a consequence of the time and effort I impart to make my colleagues' work a success.
The accuser often gets assigned projects involving techniques and equipment they know I am better with. The accuser frequently solicited, up until this grievance notice, my advice and assistance with their work. This is more likely to be known by the rest of our group than by our manager.
Too good to be true? No, I'm a science geek and often find that other people's projects are more interesting than my own
I'm going to clarify the second point of my previous message in that none of us otherwise associate with the accuser outside of work.
All of the other males in my department I would consider to be friends as well as colleagues. Depending on which person that is we either hit the pubs for a few beers, catch movies at the cinema or partake in sports activities together. These present the kind of situations where one speaks a little more freely and candidly about one's lifestyle and thus these people in particular know more about me with respect to whether or not I was ever pursuing the girl in question.
I'm not quite sure after reading all that what youre asking, or in fact if you are actually asking anything?
Is it the company's procedure youre questioning or whether your actions towards a fellow worker (flowers, cakes, offers of lunchetc) are inappropriate?
You're right, I didn't pose any specific questions.
It could be said that everyone I have thus far discussed the situation with is almost as shocked as I am that these allegations have come up. What I would like to know is, assuming what I've written is true,
do others concur that I should be going through this seemingly-formal process already - questioning the company procedure which says that systems are in place to nip anything in the bud and additionally protect people from malicious claims.
whether I'm likely 'to be going down' - have I been out of line?
what avenue of recourse I could follow if the company doesn't agree with the accuser.
I'm not sure if anybody is interested in the progression of this topic, but my request for advice still stands. Here is an update:
22-Oct-08
Attended an 'investigatory meeting' chaired by a HR representative; no management people present.
I put out my responses to all allegations, asserted my opinions on the root cause. Stated that the grievance is misrepresented and in some parts fabricated or unsubstantiated.
22 to 24-Oct-08
Three* of the seven remaining colleagues in our small department are questioned by the HR representative in individual 'investigation meetings'.
* The first of these, who has been acting in a supervisory position due to the long term sickness of our manager, stated to me that "they have seen nothing" and, contrary to the allegations made, were never consulted by the aggrieved in relation to my supposed bad behaviour. The second gave me a full copy of their statement and, as nothing ever happened, gives the HR rep no dirt on me. The third is a friend of the aggrieved. After I consulted with those who weren't interviewed it is readily apparent that the HR would gain no supporting evidence against me and in some cases those colleagues are as enraged as I that their opinions have not been considered - mainly because they share the feeling that I am receiving unfair treatment.
29-Oct-08
Invited by telephone to meeting where the upper manager conveys the company's intention to invoke formal disciplinary proceedings beginning 04-Nov-08.
I enquire on what grounds and ask for clarification on the allegations which have been supported in the investigation stage.
Company declines to immediately elaborate and informs me that I will receive written invitation to the disciplinary meeting.
I request full copies of the supporting evidence.
Company reiterates that formal invitation and full documentation is forthcoming before close of business that day.
30-Oct-08 Morning
Very early this morning the upper manager approaches me for an 'informal chat' and conveys, in a "I'm your friend" manner, that the HR representative has not provided the company with the supporting documentation with which to develop the disciplinary proceeding**.
The upper manager assures me that he personally feels the issue will not go to disciplinary and that, if it did, I "should not worry or lose sleep over it" in the mean time.
30-Oct-08 Afternoon
Invited by telephone to meeting with upper manager and informed of the company's decision to not progress disciplinary proceedings based on their inability to provide me with copies of the statements**. To elaborate, the statements are considered confidential and, upon requesting permission to provide me with a copy, more than one person declined. The upper manager draws an analogy to a court of law and the necessity for the defense to be properly briefed of the reasons for attempted prosecution.
The company holds that, due to submission of the statements, they still maintain reasonable grounds to believe I have acted inappropriately or exhibited inappropriate behaviour and for this reason, sanctions imposed on me earlier will remain in effect (job switch, avoidance of my original department where possible, no professional contact with the aggrieved).
I ask for clarification on the specific allegation which was supported and the reason for the company to continue to hold my behaviour in a negative light.
The upper manager declines to elaborate or explain.
I assert that the decision to withhold is not conducive to my correcting any procedural error or reforming any misbehavioural characteristic. I convey that I acted appropriately throughout the time span contained in the allegations and encourage the company to seek wider opinion from the extended list of references noted in my investigation statement.
Upper manager states that he and I will meet on a regular once-per-week basis to form an ongoing review (OF WHAT?)
I assert that the company is not supporting me and that I am displeased with the depth of the investigation.
** How many people declined to allow me a copy of their statement is unclear. One freely gave me a copy and has been supportive throughout, one has been away on holiday since their investigation meeting and one, as previously mentioned, is a good friend of the aggrieved. I subsequently discover, after being approached by the good friend of the aggrieved, that is was they who declined me a copy on the grounds that "it would cause further harm and discord" in the department. (emotions: lol, angry, sad)
Now I am really in a bind.
I have ill feeling towards the aggrieved for raising these issues in bad faith / misrepresenting / fabricating their allegations, and want to raise a counter grievance as the whole saga is in my opinion is contrary to the purpose of the grievance policy.
I am not at all happy with the actions of the company in the early stages where I feel that they were not sufficiently diligent to carry out a thorough investigation.
I am unimpressed by the company's refusal to adequately detail and explain why I am continuing to be held under sanction.
I understand that you are angry, embarrassed and probably downright furious that someone has made unfounded allegations against you, but I think you need to sit back and think about what it is that you now want to achieve. Revenge? Justice? Clear your name?
I actually know very little about employment law, but common sense would dictate that if you are receiving sanctions for something then you must have an absolute right to know what the something is. Would it be worth having a chat with ACAS to just check your rights? I'm assuming that if you were in a union, you would have spoken to them already.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
Reading through this, I too thought about the union.
Nothing constructive I am afraid, just that I hope everything turns out alright for you. I am sure someone with more employment knowledge can advise you further.
PLEASE DONATE ANYTHING THAT YOU CAN
A government that robs Peter to pay Paul can always depend on the support of Paul. George Bernard Shaw
Hello nclok;
Actually I am in a same situation like you and understand how you are feeling right now. But in my case I been dissmised from my work and I have appealed against there decission but still waoting for there reply as it is more than a week. I would recomend going to CAB office and consult with them. You can call ASCS but they can only tell you about what the law says. I think you do have right to clear your name. I wish you best of luck.
I am no expert on employment law, but I have had a great deal of experience in a large multinational company of once being treated unfairly and suffered a similar scenario to yourself in that of being wrongly accused of misconduct.
As long as you have over 1 years continuous employment with this company, here is my advice:
I would first try to understand WHY this situation may have come about – for what possible reason the company is apparently supporting unfounded accusations and what it is that they gain by doing so?
Secondly I would read, in thorough detail, all the rules and regulations the company publishes (they must do this by law) on the subject of disciplinary/bullying/grievance procedures and check to see if the company have followed them to the letter – if not then you have grounds for redress. (you may be surprised, as I was, how little HR departments are knowledgeable about their own rules & regulations!)
You MUST also keep a detailed diary of all events (looks like you have judging by your post here) for reference should you need to take further action.
If you are suffering any sanctions stemming from this unproven accusation, then I think the company is wrong to allow this situation:
Either the company has to provide you with written evidence to fully support their belief and action taken or completely dismiss your colleagues accusations as unfounded.
Your company has a complete duty to protect ALL employees whether they be the ‘victim’ or the ‘accused’. And a full, fair and unbiased investigation should be conducted in accordance with the companies strict rules and regulations.
From your post, I would very much question if they have followed these rules correctly in their ‘investigation’ – hence the reason that I stress that you MUSTread in detail the companies procedures for this and compare them to the event you describe.
If it is evident that they have not followed their rules and regulations properly, then I would suggest you negotiate with HR to come to an amicable agreement to resolve the situation (they will not want anymore trouble than they have already got themselves into by not conforming to their own rules and regulations).
Failing that – then you could always ‘counter attack’ with a claim of bullying and harassment by the management (including HR) in the way they have dealt with you over the matter – it may produce a resolve – if not then you will have all the ammunition you could ever want to sue for constructive dismissal.
Unfortunately, as I have learnt over the years, companies (or rather individuals in companies) think they can step outside of ‘process’ and conduct themselves in whatever manor they see fit for their own ends. At the end of the day, no one is outside the law of employment and the rules and regulations that companies set themselves. The answer to your ‘quest’ lye in these rules and regulations – read them well and you will be able to fight this and come out on top – believe me I’ve been there and done it (alone, cos as you will know, often fellow employees don’t want to get involved!).
You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.
If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.
If you think I have been helpful PLEASE click the scales
Thank you to those who have contributed since my last message.
epman: I hope things turn out well for you and perhaps this thread helps you in some way.
31-Oct-08 First "weekly review" meeting
Discussion with the upper manager where I immediately, but calmly, convey my lack of understanding of the purpose of the review meetings due to the non disclosure of what I am guilty.
Upper manager tries to assure me that I should not concern myself with the past and look to the future with a positive state of mind. He tries to sell me my permanent secondment to another department as a benefit with respect to personal development - I am a scientist in the pharmaceutical industry and have been moved from a highly regulated department to a section where "rough and ready" is desired over "accurate and precise". In other words, the company is taking me out of my element and getting me to do easier, more routine work.
Due to not having attended meetings accompanied by a colleague of my choice I calmly enquire whether the notes taken are available on my employee record. At this point I am merely wanting to collect a full set of notes for my own personal records.
The upper manager senses a threat and retorts in an agressive tone the likes of which are, in my seven years of knowing him, totally out of character. He takes me by surprise and as part of the conversation states "you do not want to take this any further... If you wish to do so, we [the company] can consider reopening the disciplinary procedure".
The shock tactic works. He adjourns the meeting for one hour to "allow me to reconsider my approach". I run away and telephone ACAS.
ACAS initially advise me that my request for information is not inappropriate. They make no comment on the upper manager's use of positional power and agressive tone. They also state, however, that the company is under a duty of care to protect both the aggrieved and the person who issued the corroborating statement and I interpret from this that if the company isn't seen to satisfactorily resolve the situation then further action could be taken against the company by the aggrieved. What about my protection? I don't know.
I return to a meeting with the upper manager and "play dumb" for the time being.
07-Nov-08 Second "weekly review" meeting
I'm just going along with the company ideals and playing the game, or at least I'm trying to make them think I am.
No meeting on 14-Nov-08 as manager is off site.
Basically, my intentions were to acquire all meeting notes for my personal records. Currently, I still intend to take time off work and consult with CAB or attempt to talk with a no-win-no-fee solicitor with regard to my employment rights. This has been made difficult by colleagues using up their holidays and me having to cover. Ironically, I am currently covering for two weeks the work of a colleague from my former department even though the company intended me not to work with this group again.
Additional factors contributing to my indecisions relate to the fact the company has conveyed to all staff that "money is tight". To this end, nobody working for us on any European site will receive any pay adjustment this year, regardless of performance. Half of me says "jump" and get a new job, half says "stay and keep your head down" as our corporation is typically very secure 2008 performance has been strong and a lot of idle comments going around are merely that the company is being overly cautious.
Hello Ncjok;
I hope everything is fine with you. I am going for my appeal on Monday. I will update you as soon I have any outcome. Have a look at my new thread for further information on my case. Also big thanks to WebFerret for his advice. It will really help me through my case.
Sorry to hear of your troubles. As someone in a very similar situation you will need to keep a clear head and document everything. I would suggest that you compile a portfolio of all your dealings with the individual, and advise that you section them as follows:
1. HR correspondence
2. Correspondence with individual
3. Minutes of meetings with management
4. Minutes of meetings with individual
5. Company policies & procedures.
This will allow you to be armed when appearing at a disciplinary. At any disciplinary hearing, especially where there is a possibility of dismissal, an organisation has to prove beyond reasonable doubt that the offence took place (51% in your favour). They should demonstrate that they followed procedures, i.e. doing a simple investigation to establish the facts prior to a formal investigation.
If you are considering legal action via an Employment Tribunal, I would first advise that you consider what legal assistance is available through your trade union. Failing that, I would advise that you look at your home insurance policy; which should have a clause for legal fees including representation at an employment tribunal.
Best of luck. My advice would be to keep a clear head, calmly lay out the facts to demolish the accusations (and pour doubt on the credibility of your accuser) and make sure that you have good representation. European law changes now mean that where there is the risk of dismissal and potential consequences for your professional status as a result, you have the right to be accompanied in a disciplinary hearing by a solicitor.
Accused of Harassment & Bullying
from our HR person who typically does not work from an office on our premises. They were on site specifically to initiate an investigation into the allegations presented by my colleague. I was invited to immediately attend a meeting comprising three people: HR, myself, and my manager's manager (aka 'upper manager', as my immediate manager is away with a long term illness). There I was presented with two copies of my colleague's accusations in diary format and a copy of the company's Dignity At Work and grievance
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