Hi All

I have been called for a disciplinary for alleged racism (completely untrue) and have a few questions.

1.) At my investigative meeting i was simply asked to explain events of day of incident which i did, was then asked if i said something which i said i did not. I was never shown any evidence at all. Today i have received a letter saying its going to disciplinary and shown original complaint and a statement from someone who wasn't present at the time along with my minutes and minutes of complainant. No evidence at all from people who were there at the time of incident. How would this stand as its hear say except for the one statement from someone who wasn't there but is now claiming to be.

2.) How do i obtain evidence from staff who were present when I'm not allowed to speak to them about it and HR are refusing to do so on my behalf. If everyone that was present have refused to give evidence then how can my employer proceed with a disciplinary.

3.) Work are not suspending me and are expecting me to work with the people who have clubbed together to put in this complaint. However they are claiming that what i have done could amount to Gross Misconduct and could lead to dismissal which don't appear to go together, surely if its as serious as they allege i would be suspended? The person who was the accusation was moved so we didn't work together at first but that appears to have stopped now and we are again expected to work together.

Majik

Majik,

If I have understood you correctly you are alleged of making a racist remark. No one who was actually there at the time this remark is alleged to have been made has complained, but someone who was not there has submitted a complaint.

Is that correct?

DJ

Yes that is correct.

However someone who was not there claims to have been and it is his statement being used as proof of the offense.

Hi majik

As this is a Disciplinary Hearing you do have the right to ask for any witnesses you wish to be present for the meeting i.e. those who actually were present and witnessed the events.

If you do this you need to remember to put this request in writing to the Chair of the Disciplinary Panel with as much notification as possible (as they may need to adjust shifts etc for them to be present).

Have a look at this link for ACAS useful info their: www.acas.org.uk/

These ACAS PDFs may be of use:

I have requested the statements from HR from everyone that was present and have been told that they do not exist as some staff have asked not to be involved apparently . That is what I find so strange although there is part of the minutes where the complainant asks someone who was present if he heard anything and his reply was no and the person he was with who wasnt present then verbally informs him that I said what was alledged.

Don't worry. Someone has complained, and they have to be seen to be investigating.

While I do hope that is the case it is very concerning that I am having a disciplinary where I have been informed it could be classed as gross misconduct and the investigation hasnt gone as far as speaking to the staff present. I have now got a statement from a staff member who was present and hr have accepted a scanned copy of this to be added as evidence.

Hi

Does the statement stating you said xyz say where they were and who was beside them when they heard said xyz?

Please read the statements very carefully take your time but think of the events of that incidents while reading those statements then pick holes in then so to speak

i.e.

If they say they were on a break - where is the evidence they were on an authorised break or

If they say they were beside joe bloggs when they heard it - why is their no statement from joe bloggs to confirm this

Just examples of things I would be looking for.

It is very stressful for you, but if you are innocent, then it is unlikely there is any collusion by your colleagues. If you think something you said might have been taken the wrong way or misunderstood, then it might be trickier, because it will be judged from the point of view of the person making the claim.

If it was something that a reasonable person is likely to be offended by, they might have a case. If it is pure malice, then your colleagues will know you well enough to be able to weigh up the probabily it is vindictiveness. Has anything happened to make this person have a grudge? Try to think of possible motives.

If you did say something that could be offensive, then it might be worth sincerely apologising as soon as possible, explaining that it was not meant in the way it was taken. Quite often, a simple apology goes a long way.

If they were really worried you'd be suspended.

If you said nothing, and people are refusing to give statements, you are probably ok. Unless the reason they are not giving statements is beause you are a huge bully and people are scared of you. You'd know if that were the case though!!

Best just keep you head down and a calm temper.

Hi

 

Does the statement stating you said xyz say where they were and who was beside them when they heard said xyz? No it just says that i said it.

 

Please read the statements very carefully take your time but think of the events of that incidents while reading those statements then pick holes in then so to speak

 

i.e.

 

If they say they were on a break - where is the evidence they were on an authorised break or

 

If they say they were beside joe bloggs when they heard it - why is their no statement from joe bloggs to confirm this

 

Just examples of things I would be looking for.

Many thanks for the above advice, I have now got a written statement from 1 staff member present confirming that a) the person who claims to be there was not and b) i did not say what was alledged.

I also have a audio recording from the other person who was there of his meeting which they have not provided to me again confirming that a) the person who claims to be there was not and b) i did not say what was alledged.

I find it very worrying that they have failed to provide me with the minutes from a staff member who completely backs my verson of events and have decided to proceed to disciplinary based on a statement from someone who they have already been informed was not there by myself and 1 other staff member.

It is very stressful for you, but if you are innocent, then it is unlikely there is any collusion by your colleagues. If you think something you said might have been taken the wrong way or misunderstood, then it might be trickier, because it will be judged from the point of view of the person making the claim.

 

If it was something that a reasonable person is likely to be offended by, they might have a case. If it is pure malice, then your colleagues will know you well enough to be able to weigh up the probably it is vindictiveness. Has anything happened to make this person have a grudge? Try to think of possible motives. The person making the complaint i have no issues with, the person who alleges i said it there are on going issues with and he is in the process of being moved which he does not like and that in my opinion is why he has said what he has in the hope that i get moved or dismissed so that he can carry on as it. This is something my line manage is aware of but the complaint was made to Head Office bypassing him so i do not know if they are aware of the issues etc.

If you did say something that could be offencive, then it might be worth sincerely apologising as soon as possible, explaining that it was not meant in the way it was taken. Quite often, a simple apology goes a long way.

If they were really worried you'd be suspended. I too thought this and my Union are very surprised they have not suspended me.

 

If you said nothing, and people are refusing to give statements, you are probably ok. Unless the reason they are not giving statements is beause you are a huge bully and people are scared of you. You'd know if that were the case though!! The only people who are refusing to give statements are the ones who have verbally said i have done wrong and started the whole thing, the ones who clarify my version of events have either given a statement which has not been provided to me or were not spoken to at all by the company.

 

Best just keep you head down and a calm temper.

cool head. you could easily blow this out of all proprtion by having hissy fits everywhere - where there's smoke there is fire etc.

At the disciplinary CALMLY make the points you have made here.

If the person who said they were there but was not has behaved in a malicious way, you might want to consider a grievance against them.

Your employer doesn't have a right to tell you not to speak to people at work.

Regarding the person who has the problem with you, calm and constructive dialogue will be the best way to resolve the matter.

If the person who said they were there but was not has behaved in a malicious way, you might want to consider a grievance against them. I will be taking this action but at this moment in time i want to just clear my name, once that has been done i will then start action against the malicious members of staff.

 

Your employer doesn't have a right to tell you not to speak to people at work. They appear to think that hey can, many thanks for the clarification.

 

Regarding the person who has the problem with you, calm and constructive dialogue will be the best way to resolve the matter.