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Hi guys,

 

 

please advise.

 

 

Friend of mine was pulled into the office and told he is having a disciplinary. One lady took notes as the manager and my friend spoke. It was simple. My friend was accused of harnessing the 3rd party in store tea lady. Harassment was of sexual nature. My friend understood it as flirting.

 

 

Now my friend is very clear he has not and will not flirt with that lady. Nor has he spent any longer with the exchange with her then anyone else ordering a coffee.

 

 

This came to him as a shock and out of the blue. He was given the paperwork of the disciplinary same day.

 

 

Many months have passed and nothing has happened.

 

 

Same thing happened to him few weeks later. He was pulled into the office, out of the blue and was told this is another disciplinary. This time he is being accused of being rude to a customer. Infact customer was told to either spend more money or go else where.

 

 

Again my friend 100% disagrees that this ever took place.

 

 

Again all the paperwork of the notes and signatures were given to him.

 

 

No further word of any disciplinary have been uttered. No follow ups. No further meetings etc.

 

 

both were first level disciplinarian.

 

 

Am I correct in thinking these can be used against him if he was up for promotion into management?

 

 

Also was he not supposed to be given a warning, letter stating in 7 days you have this and that go seek legal help?

 

 

What is the correct procedure? What can he do?

 

 

Both of them are now close to 2 months old.

 

 

From my basic knowledge the way both hearings were conducted are illegal.

 

 

Now that his wife is pregnant, they need to move to bigger house and hes in a position where he can request SIM and move to another store, he is worried.

 

 

He works for one of the Dixon retail stores.

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I don't think they were disciplinary hearings, otherwise they would (should) have told him about it in advance and advise that he was entitled to a union rep.

These were most likely investigatory meetings and no news after them is good news, especially after such long time.

He can always ask, but I wouldn't wake a sleeping dog.

In malicious (bogus) sexual harassment cases my advice is always to go on the attack to clear your name by using grievance procedure.

Usually the malicious complainant backs off and states things along the lines of "maybe I misinterpreted his comment", exposing them as stupid at best.

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thank you so much,

 

 

however, from what i saw, the paper work was clear, they were hearings not investigation.

 

 

he was informed they will be attached to his employment record etc.

 

 

sexual harassment he is less worried about as quite frankly unless for the coffee almost everyone avoids her.

 

 

i was in pc world for 10 years. he has been there 4 years now i think. i will not be supprised if they are too stupid to presue any of the hearings.

 

 

thank you once again.

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Hearings...

Of what nature?

Investigatory hearings maybe?

Everything stays in your file, unless you prove that it should be out for a good reason.

He should be very worried about the sexual harassment allegation because in 15 years someone can make another allegation and this would be held as a precedent.

By then most likely the "lady", the manager and most of his colleagues would have moved on, so who's going to explain that it was a bogus complaint?

Better to sort it now.

I would sat human resources and ask for his entire file.

See what's there regarding the sexual harassment allegation (I bet they've given him a warning without telling him, memories from when I was a younger lad and a couple of my friends worked for the same company).

Once in possession of all the paperwork he can:

1. Use the grievance procedure to clear his name against the complainant

2. Ask hr to remove it from his file if grossly incorrect. This would go under the GDPR (dpa), however he would need to prove that this, his data, doesn't match reality.

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It is possible that they have decided to use a lower level of the ACAS code and give him a noted verbal warning. The lack of using the correct procedure wouldnt automatically discount this but would make it difficult for anything more severe to go unchallenged

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in store tea lady? In this decade??

 

 

Anyway. Can he not just ask his boss what the outcome was?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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In store tea person..... Equality act.

 

Ones persons flirting could be another persons sexual harassment.

 

Know your audience

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What paperwork has he been given? Has he had any written warning or verbal warning issued?

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