Malicious claim of physical assault by junior employee

[ona_mika_2004]

Issue 1: Hi, I work for a big retail company. Some months back I been subjected to a malcious grievance/claim of physical assault by a junior employee that I manage. All because I held her to account for stock totals in the Warehouse not adding up. To corroborate her claim she has managed to get her friends (2 other people that I also manage) who are more than happy to support her allegations. Investigation now taking place by a male manager in another department who by the looks of things has fallen for the "female waterworks". (This is despite fact that the alleger has a history of losing her temper whenever she is criticised).

Issue 2: Throughout HR have also fallen for her story. To make matters worse, they have not complied with basic procedures which has made it very difficult to defend my case. i.e. the alleged did not happen. Infact this has been more than one occasion, eg expecting me to attend an investigation hearing without even providing me with a copy of the allegation. Also inviting me to an investigatory meeting with only 3 working days notice (which meant there was no way I could have arranged for a rep to attend with me). I almost feel that they have an issue with me? ie. My race.

Issue 3: The allegation was made very public by the alleger and her friends and this made my job unbearable. I became so stressed and fed up with the malicous claim, the handling of the internal investigation and the racism of the HR department that packed it all in last month. I could not bear it any longer. i.e. I'm no longer an employee and obviously without a job. Investigation still going ahead.

 

However, quite frankly, I feel an injustice has been done on me. I'm jobless and fighting a malicous claim. Given that I am no longer an employee (and not a member of a union) do I have any rights for the injustice that was done on me.

[tiglet]

Bump

[ona_mika_2004]

What does that mean Tiglet?

[zazen.warrior]

Tiglet was trying to help you by putting your thread back to the top of the list so people would notice it. Personally what I noticed most about your original post was the jibe about ‘female waterworks’.

[becka]

You say it's an issue about your race rather than behaviour - what leads you to believe this?

[ona_mika_2004]

Sorry, have never used this site before and not that good on computers.

 

Other people that I know of have, until proven guilty, been provided with support from HR. That hasn't happened in my case. I wasn't even given sufficient notice of the last hearing. I say female waterworks because the investigators keeps on mentioning that in the meetings I have had as opposed to at least hearing my side of the story. I really do feel I'm at a disadvantage by being a male manager in an industry where many of the junior members of staff are female.

[p_cas]

But why is it a race issue? All you've said is that your HR Dept hasnt handled your case the way you feel it should be. I cant see why that makes it a race issue?

 

And you feel disadvantaged because youre a male manager where most of your junior staff are female? It sounds more like it should be the junior female staff who should be feeling at a disadvantage.

 

Sorry, but it comes across like youre clutching at straws here.

[ona_mika_2004]

Every female and white person that has gone through a similar process has been helped by HR throughout the process. And given that HR have not complied with natural justice and correct procedures, leads me to assume that it must be because I am male (HR and the shop floor is dominated by women) and I am Black. Just coz I'm a manager, doesn't mean I haven't got feelings. I too have a mortgage to pay, kids to feed.

 

When the stocks don't add up the manager would have held me to account as I'm the supervisor and I have to explain unexplained reductions in stock. I was just doing my job. If that then gets twisted into becoming a malicious claim of assault where's the fairness in that? Just coz I'm in a a position of authority as far as staff reporting to me are concerned, doesn't mean I have no feelings. I too have children to support, a mortgage to pay. And in the present climate, I'm not going to get another job easily either.

[tiglet]

You could try to claim for constructive dismissal, but it may be hard if you don't have evidence of being treated unfairly.

 

Were there any other episodes of racism/sexism before this? Has another black employee been discriminated against?

 

Unless you have proof, or it was overt, you may find it difficult to prove.

 

With hindsight, perhaps you should have started a grievance whilst you were there.

[ona_mika_2004]

They did the same to another supervisor but as she has the Unions behind her, they backed off and couldn't treat her as badly as they treated me. You are right Tiglet, I should have raised a grievance while I was still there. I guess I wasn't thinking straight - infact it was unbearable continuing to work within the ridicule. Is it too late to bring a grievance now or is it too late as I'm no longer an employee?

[tiglet]

I think it's too late - how long did you work there?

[Nemesis_Drake]

It sounds like you aren't having much fun!

 

I take everything you've said as being gospel...so here are my thoughts.

 

The practice of deflection and transference of fault ie claiming physical assault falsely...Very hard to defend against....And a classic attribute of kids....Why then after a physical assault by a male upon a female were the Police not called?

 

Did they not follow company procedure to the letter? I'm assuming that you as a manager would have seen the company handbook and undertaken disciplinary actions in line with your position within the company?

 

3 days notice to attend an investigation meeting seems fair enough, My policy is an immediate investigation...While it's fresh in everyone's mind.....Nobody loses a job at an investigative meeting...Usually the problem is solved or gets progressed to full disciplinary.

 

Who made the details general knowledge? the accuser or co conspirators/management?

 

You mention in a post

They did the same to another supervisor but as she has the Unions behind her, they backed off and couldn't treat her as badly as they treated me

Who did the same the group of employees or the employer?.....After witnessing that you should maybe have joined a union.

 

My opinion (for what it's worth) is that you "could" make a claim of constructive dismissal after your treatment (if it was indeed contrary to company policy) placed you in an untenable position, I see no reason to suspect race being an issue or primary reason for your treatment and in fact abhor it being bandied about without evidence...If however it's true then screw them into the ground and start your own business on the compensation.

[ona_mika_2004]

Tiglet's question: I've been in the post for just over a year.

I've only recently found out (through a friend of a friend) about the way they had treated another supervisor - but she was from another store. In my 20 years of working, have never been in this situation before.

I'm not against an investigation. Its just that on the face of it HR seemed to have already made up their mind that just because I was male with 2 females against me, I was automatically guilty. The investigation itself was just a show. They were/are rushing through it without even considering my right to representation and a fair hearing.

 

I definitely do think that had I been a female manager, or even a white manager they wouldn't have treated me so badly.

[tiglet]

I have to ask, why do you think a white manager would make a difference? What happened or was said to make you believe your colour had anything to do with it?

[ona_mika_2004]

HR are going outy of their way help Ms Aggrieved. Yet with me, they are breaking rule after rule throughout the investigation. Aggrieved, FEMALE, WHITE. Me, MALE, BLACK. I feel discriminated against. What other logic is there? There can't exactly be two qualities of treatment for 2 people who work in the same shop floor of the same company in the same country?

[tiglet]

Well, to be honest, I really can't see how you have grounds for racism. They obviously have to believe her until proved otherwise do you think things would have been different if she was black and female?

 

I'm not trying to be difficult, but if you want to take this to an employment tribunal, you will need facts, not assumptions.

 

Has anyone there been overtly racist towards you?

[ona_mika_2004]

Surely, they have to explain why HR department have not given me some of the basic rights such as right to representation etc.....Taking a grievance seriously and investigating it is not the same as believing the complainant. These days few people are overtly racist. Its how we are made to feel that makes us feel like 2nd class citizens. From my perspective, my employer have breached their duty of care towards me.

[Nemesis_Drake]

Tiglet's question: I've been in the post for just over a year.

I've only recently found out (through a friend of a friend) about the way they had treated another supervisor - but she was from another store. In my 20 years of working, have never been in this situation before.

I'm not against an investigation. Its just that on the face of it HR seemed to have already made up their mind that just because I was male with 2 females against me, I was automatically guilty. The investigation itself was just a show. They were/are rushing through it without even considering my right to representation and a fair hearing.

 

I definitely do think that had I been a female manager, or even a white manager they wouldn't have treated me so badly.

What about my questions! I may make a claim of racism if you don't answer.....

 

A manager should know the procedure and be able to offer their own defence in a case like this.....Maybe you could claim a lack of training led to your not knowing how to make your defence......By your own words you appear to refute the claim of racism as it is just your opinion with no evidence.

 

Is the internal investigation still ongoing or have the Police been involved?

[Nemesis_Drake]

Surely, they have to explain why HR department have not given me some of the basic rights such as right to representation etc.....Taking a grievance seriously and investigating it is not the same as believing the complainant. These days few people are overtly racist. Its how we are made to feel that makes us feel like 2nd class citizens. From my perspective, my employer have breached their duty of care towards me.

The right to representation is for you to assert....Can you post copies of the invitation letters (edit your/their details out) for appraisal?

[ona_mika_2004]

It was made public by the conspirators and management. Police were not involved. Infact complaint not brought until 2 days after the so called incident. Investigation still going ahead - it is some 5 months since the so called incident.

I definitely feel DISCRIMINATED against. I can't think how I am different from the claimant other than being of the opposite sex and being black.

[ona_mika_2004]

My employer aside, is there anything like a counter claim that I could bring against the malicious allegations? Don't get me wrong. In the interest of justice all grievance should be taken seriously and investigated. But surely malicious allegations need to looked into?

OR HAVE I LOST ALL RIGHTS BY VIRTUE OF NO LONGER BEING AN EMPLOYEE.

[tiglet]

I think the only rights against the other employee would be to consider suing for slander, but this is expensive and very difficult to prove and I would certainly advise against it.

 

You could perhaps see a no win no fee solicitor and see if they think you have a case against your former employers for constructive dismissal - that way you will finally know whether you can do something or should just walk away.

[seftonview]

You don't seem to have a basis for claiming constructive dismissal from the preponderance of information you have given, especially since you failed to raise a girevance before resigning. The actions you state you are unhappy with do not in my view meet the threshold for arguing an irretrievable relationship with your employer.

 

You may potentially have a claim for defamation against the 'victim', but this would be expensive (into hundreds of thousands of pounds) and time consuming. You would need to find a solicitor willing to act on a conditional fee agreement, and you would need to face the risk of losing, and being bankrupted by the other sides costs.

 

You also may potentially have a claim for malicious or injurious falsehood against the 'victim', though the burden of proof is on you in such a claim, and I doubt you could demonstrate that they have committed the tort in all the circumstances.

 

Next time, take legal advice before the charlie white hits the fan.

 

SV.

[ona_mika_2004]

THANK YOU to you all for all your constructive advice. I really appreciate it. Decision time now.

[tiglet]

Do let us know how you get on.