Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Requested to attend an investigation while off sick

    I was suspended from work for an allegation of gross misconduct.I went to 2 investigations and was presented with various statements and evidence.I concluded the second hearing by instigating the company grievanceicon procedure against the investigating manager as i felt they were victimising me in that they were ignoring conflicting statements,ignoring others procedural errors that led to my charge,going back to the same people for further statements which were becoming more detailed despite the passing of time, and asking sensasionalist questions,i.e. what would have happened if?,during a meeting designed to gather facts.
    I am now off with depression.I have now received a request to attend a further investigation,while off sick,to be chaired by the same line manager stating that whilst i have been signed off from normal duties they would expect me to be available to attend.
    Any advice?


  2. #2
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    Default Re: Requested to attend an investigation while off sick

    Hi Cracker. This must be tough for you.

    I'm sure someone with more knowledge than me will be along, but do you have a copy of the firm's grievanceicon procedure? If you do, is having your line manager chairing the meeting following their own procedures?

    It sounds wrong to summon you when you're depressed, could make you worse, couldn't it? I hope someone else will know the answer. I think this may have cropped up recently on the forum.

    Remember that being picked on because you've made a grievance is victimisation.

    Have you spoken to the ACAS helpline? They should be able to advise you.

    My best, HB


  3. #3
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    Default Re: Requested to attend an investigation while off sick

    You shouldn't be required to attend such a meeting whilst signed off from work with depression. You are in no fit state to deal with these matters at present, indeed doing so may well exacerbate your condition.

    Respond to this request as I have stated above. If they continue to contact you regarding this matter, write a formal grievanceicon letter, stating that you are being harassed.
    Are you still suspended? Or on SSP?
    They should deal with a disciplinary matter without undue delay. If they've investigated the matter, it should go to a disciplinary hearing, decision made, finished.


  4. #4
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    Default Re: Requested to attend an investigation while off sick

    Elpulpo, is it normal to make the employee part of the investigation? I thought someone separate was meant to carry it out.

    I wonder what this meeting would be for, when it eventually happens.

    Cracker, don't be pushed around, you have rights.

    HB


  5. #5
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    Default Re: Requested to attend an investigation while off sick

    An employee can sometimes be questioned at an investigatory meeting, yes.
    That's what it is though, an investigation, questions to establish facts - not a witch trial, kangaroo court, KGB interrogation etc.


  6. #6
    Basic Account Holder Cracker1 Novitiate

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    Default Re: Requested to attend an investigation while off sick

    I am still suspended and have provided a doctors note,i am still on full pay.I have had a doctor write a letter specifically ponting out i am not fit to appear at any work related meetings as this could have an adverse effect on my recovery.I still suspect they will hold the meeting without me present.
    I find it surprising that an investigation without my input would be held and wonder what effect this could have further down the line i.e.disciplinary/appeal/unfair dismissalicon?

    Any help would,again,be appreciated.


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    Default Re: Requested to attend an investigation while off sick

    I still suspect they will hold the meeting without me present.

    You could be right.
    Perhaps you could email them and suggest that (as a compromise and to demonstrate that you are making every attempt to assist them in their investigation) they could send any further questions they have for you in writing.


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    Default Re: Requested to attend an investigation while off sick

    I'm amazed that they're continuing to pursue this matter even after receiving a letter from your doctor.

    What size is this company? Do they have an HR Dept?
    May I ask, do you have a history of depression/stress related illness?
    How long have you worked for there?

    I don't agree, Mariefab.
    I don't think this matter should proceed at all until this person is well enough to return to work.

    You're not well enough at present to address this. If they hold a hearing in your absence it will be unfair.


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    Default Re: Requested to attend an investigation while off sick

    I don't think this matter should proceed at all until this person is well enough to return to work.

    Nor do I. But Cracker seems to think they might and they know their employers.
    I just thought that, in case they did go ahead with the investigation without Cracker, it would be a good idea to be able to demonstrate that Cracker went out of their way to try to co-operate.


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    Default Re: Requested to attend an investigation while off sick

    Nah. They shouldn't be holding a disc. when someone's suffering from depression. Cracker doesn't have to co-operate.


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    Default Re: Requested to attend an investigation while off sick

    I work for a large retailer with instore/regional/divisional h.r.I've been there over 10 years and have never had a days sick 'til now.The companys letter to me(inviting me to the investigation) suggests 'progressing with the investigation may help alleviate your symptoms'.
    I suspect not.The financial year ends soon and it's time to tidy up the p&l's.The handbook states 'it may be possible for you to continue to attend...in which case we require you to do so'.

    I am in a union but they can't appear at an investigation.

    To go or not to?


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    Default Re: Requested to attend an investigation while off sick

    Do you think attending would help your symptoms? Does your doctor?

    It says, 'it may be possible'. It's not.


  13. #13
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    Default Re: Requested to attend an investigation while off sick

    Forgive my ignorance, Cracker and everyone else. Why can't a union attend a meeting with you? Going alone is the last thing you need.


  14. #14
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    Default Re: Requested to attend an investigation while off sick

    Quote Originally Posted by honeybee13 View Post
    Forgive my ignorance, Cracker and everyone else. Why can't a union attend a meeting with you? Going alone is the last thing you need.
    I think the meetings so far have been investigatory meetings, held prior to a disciplinary hearing.
    One doesn't neccessarily have right to be accompanied at these.


  15. #15
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    Default Re: Requested to attend an investigation while off sick

    Quote Originally Posted by honeybee13 View Post
    Forgive my ignorance, Cracker and everyone else. Why can't a union attend a meeting with you? Going alone is the last thing you need.
    Agreed as you should be able to have some one with you at the inetrview. I woudl approach your union and question this as it sems wrong. If you go to the meeting while off sickicon, they may use that against yu and state that if you are able to attend the interview you are fit enough for work. This sounds like it could be one of the major stores that sell electrical goods.


  16. #16
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    Default Re: Requested to attend an investigation while off sick

    I can only have a fellow company employee with me at an investigation.Union rep's are only allowed in to disciplinary and grievanceicon meetings. As per company handbook and confirmed by union.

    Not an electrical retailer!!



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