investigatory interview

[acarpen9]

Hi all,

 

I've been 'invited' to attend an investigatory interview over an allegation of wrongdoing, along with other colleagues.

 

I have been told that I am not allowed to speak of the matter, or speak to any of my colleagues regarding this or there will be 'implications'.

 

Are my employers allowed to restrict my speech? I'm close to my colleagues both inside and outside of work, its kind of bizzarre all being under investigation, and knowing that each other is, but not being able to talk about it.

[pappsy7]

Hi

 

It's a difficult one, Because really you can't have the colleagues talking about the pending investigation, however you should be allowed to communicate ( outside working hours) socially and not about it.

If you have a colleague handbook or a company intranet site look for the "guides and polices" if thy are not able to do so, well I would then question there integrity on this issue and demand to know where hey got there advice on reaching that dicissuion.

 

Good luck

 

Tom

[acarpen9]

Article 10, Freedom of Expression of the Human Rights Act 1998, which is a qualified right, states everyone has the right of freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This guarantees the right to pass information to other people and to receive information that other people want to give to you. It also guarantees the right to hold and express opinions and ideas.

It is unlawful for a public authority to act in a way which is incompatible with a "Convention Right". A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998 may, if he or she is (or would be) a victim of the unlawful act either:

• bring proceedings in any appropriate court or tribunal against the authority under the Human Rights Act 1998; or
  
• rely on the Convention right concerned in any legal proceedings.
  

 

 

How does the above work in relation to it? The way I read it, I am allowed freedom of expression as a fundamental human right.

[lbruk]

Yes you are, but you are also bound by company confidentiality. Once the investigatory is over and you know what you are facing you will have chance to prepare your defence, which could include statements from colleagues that you didnt do it or other circumstances.