Help suspended false accusation !

[blogg123]

Hi this is a long story but will keep as brief as possible.

 

At the start of December my husband was called up to HR.

 

along with the rest of his team they had been random selected to all take a drugs and alcohol test.

they all pressed this buzzer if the light went red that person was selected for testing.

It was green for all of them.

 

A week later my husband is called to HR

someone had reported to them that he takes Crack cocaine and he had told this person he did so !!.

(my husband is 60yrs old full of arthritis not a likely candidate)

 

he took the test and both were negative for both drugs and alcohol.

 

He was on holiday last week and went back to work this morning

called up to HR again told it was an informal meeting

 

the person he took with him was told oh we dont normal have anyone else in for an informal meeting.

 

he was told that 3 people had said he had opened his wallet showing them tablets,

he had taken pics of them with his phone.

and he had made sexual suggestions to these people.

 

he asked what he was supposed to have said

the answer was I can't comment on that.

they asked him to leave the room and they would let him know what was happening

 

10mins later a senior manager came to him in the workshop and said due to the seriousness of the allegation

they would have to suspend him on full pay for 4 or 5 days they would be in touch within 48hrs.

 

1. so serious are these allegation's that apparantly it happened at the begging of dec (the same time as the drugs accusation)

2. he was accused of taking pics on his phone (which is a work phone) they didnt confiscate it !.

3.If it was an informal meeting how come they suspended him and wouldn't allow his witness to stay.

 

im out of my mind with worry, he will not get another job at his age really need some advice .

 

thanks in advance

[renegadeimp]

Unless it is a full on disciplinary, there is no right to have a witness present, unless he isnt of the ability to understand whats going on.

 

When an accusation as serious as this is brought to the management, they are obliged to take it seriously. This can and in your husbands case has, resulted in the removal of the alleged party from the workplace while the investigation is performed. This is purely to safeguard everyone and to ensure no harassment or story changes happen.

 

If he hasnt done anything wrong, then there will be no evidence, and as such no dismissal. if they do dismiss, then they should call the police as drug use is a criminal offence. If they are reluctant to call the police, as they know theres no evidence, then it can be challenged.

 

All you and your husband can do now is wait and see what the management find. remember, no disciplinary has happened yet. The management are purely in the investigatory stages.

[blogg123]

Thank you so much for the help. just sitting around waiting , and wondering is so worrying but thank you anyway much appreciated

[stu007]

Hi blogg123

 

A warm welcome to CAG and please be patient as I am sure our Caggers will be along to give you some good advice.

 

Now this link to ACAS will be of help: http://www.acas.org.uk/index.aspx?articleid=1461

 

At the inform meeting as has been pointed out you have now right to have a witness present but if it goes to a full Disciplinary you have the right to have either a Work Colleague or Union Representative.

 

Are they in a Union?

 

Have you asked for a copy of the companies Disciplinary Policy and Procedure? (if they refer to a handbook this may only contain a shortened version so always request a copy of the full original document)

[blogg123]

Hi Stu 007, my husband is not in a union as there isn't one in his workplace, however I am and I think im correct in saying he has access to free legal advice under my membership. I am going to call them tomorrow. I am also going to give Acas a call , as things have happened previously that he has been accused of and proven to be innocent, he did make a complaint to personnel and sent an e.mail saying he didnt want to cause any problems just wanted to do his job however he did want it kept on file in case of any further problems. and thank you for the Acas link .

[Emmzzi]

Just to agree with what others have said; the process they are following is normal and has to be done, even if management are sure the stories are rubbish

 

They'll spend some time looking at evidence if there is any

 

And in a while he'll be called for interview or a disciplinary meeting

 

If there is no evidence, there is none!

 

He could volunteer for a drugs test if that'd help!