Jump to content
hardworkingmum

Putting in a Grievance against Investigating Manager

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3639 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

Can any1 tell me if at the end of an Investigation Meeting the Investigating Manager is allowed, legally, to tell you that you will have to attend a Disciplinary Meeting? I was under the impression that you can only inform the person being investigated through a Formal letter.

Please can someone let me know asap, as I am putting in a grievance against the investigating manager for this and other things he did wrong at the Investigation stage.

Ta.

Share this post


Link to post
Share on other sites

There is nothing 'legal' which binds the employer to act in a certain way at an investigation meeting. This differs from the more formal framework for a disciplinary hearing, but at the investigation stage, if the facts suggest that a DH is warranted, there is nothing to say that the investigating manager cannot tell you of this.

 

A DH hearing should be notified in writing, you should be given the right to be accompanied, and you should be given the right to appeal and everything should be communicated in writing, however there is nothing that says that they have to do any of these things. Only if you were to be dismissed unfairly would the fact that formal procedures were not followed, and any award made by a Tribunal could be increased as a result. The ACAS Code is only a framework for Best Practice, not law.

 

The exception would be that if your contract states that you are entitled to a specific process in terms of investigation and disciplinary hearings, then you may have a case to complain about a breach of contract, but in terms of legal rights, you have few, unfortunately.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

Hello,

 

Thank you for your response.

I understand what you are saying, but also can you tell me in an Investigating Meeting is the role of the Investigating Manager to investigate ALL

avenues and speak to ALL relevant witnesses, as I have been told one of my witnesses will not be spoken to, which I feel is unfair. Also, the Investigating Manager asks questions that are as if they are taking the side of the person who take out the grievance against me. I was under the impression, that the Investigating Manager should just collect facts, information and evidence and not ask questions that would back a person into a corner.

Please help.

Share this post


Link to post
Share on other sites

...and equally I know exactly where you are coming from. Whilst all of these things should happen in the interests of fairness, the employer can basically do what he wants knowing that there is nothing you can do at this stage.

 

Procedural breaches can only be acted on either where they represent a breach of contract, or if the matter were to go to a Tribunal after dismissal. Whilst there is a Code of Practice, it is not legally enforceable, so whilst ACAS recommend certain practices with regard to disciplinary and grievance procedures, employers are not bound by them. They are 'Best Practice' rather than the 'only practice' that should be used. If you were to be dismissed for an unfair reason, then you could bring the matter of procedural irregularities before a Tribunal and this could influence the size of any award made, but until that stage, your only remedy would be a complaint (grievance) alleging their mistreatment of you, prejudicing any subsequent disciplinary hearing, and procedural (or contractual) breaches.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...