Falsely accused of sexual harassment- help

[Evay123!]

6 hours ago, Manxman in exile said:

As unclebulgaria says (#21) any accusation of sexual harassment has to be taken seriously by the employer.  This does not mean that the employer automatically has to believe it.  It means the employer has to investigate it properly and not assume guilt or innocence

 

I am perhaps a little surprised that your BiL hasn't been suspended on full pay(?).  Again, suspension does not mean that the employer thinks your BiL is guilty, it helps them to be able to show that they've investigated the accusations fully and your BiL has had no opportunity to affect the investigation - not that he would.  Is the person making the allegations still at work or are they currently suspended?

 

I think you've only mentioned a disciplinary meeting for your brother?  Hasn't he also been invited to an investigatory meeting for him to put his side of what did or did not happen?  They can't discipline anybody until they've investigated, and any investigation must, I would have thought, be incomplete until your brother (and any witnesses he may have) have had their say.

 

When it comes to a disciplinary meeting (if it does) I understand he is entitled to be accompanied by a union rep or a work colleague.  If I'm wrong, someone will correct me.

 

As you've not answered the question, I assume he's not in a union.  After this is over, he should join one.  (Well I would...)

The accuser submitted the information last week and hasn’t had her formal hearing yet 

 

With regards to suspension- I have read  it can be seen as an non neutral act and can be challenged - is this correct ? He is desperately trying to keep BAU as is very worried if he is suspended his reputation. Will damaged without repair ( guilty until prove innocent) 

 

Unfortunately not part of a union and my advice will be to join one. I assume you can’t join one half way through ? He has only been told off the record , not formally  I don’t think - so could he still join if he hasn’t been invited to a grievance hearing yet. 

[honeybee13]

I would say that joining a union part way through the process is like taking out insurance after you've had a car accident. I believe unions usually have a waiting period before you can ask for help.

 

HB

[Evay123!]

5 minutes ago, Emmzzi said:

 

If you don't want to listen - I don't want to respond. Good luck.

Sorry I posted that in error - I am not great with my phone !! I have been using your advice as a guide and really do want to listen !

please don’t cut off comms as I feel your really supporting - I’m still learning how to respond individually to people and somehow copied that to reply to my last comment ( you will see in how I replied I think ? ) 

hope you can agree

my question. About non neutral act of suspension - I would love your opinion 

[Evay123!]

2 minutes ago, honeybee13 said:

I would say that joining a union part way through the process is like taking out insurance after you've had a car accident. I believe unions usually have a waiting period before you can ask for help.

 

HB

That makes sense - similar to taking out holiday cover prior to travel in this market ! 
 

hope I can still get responses from the HR expert after my error ! ( genuine mistake - I have shelved the idea of counter grievance and defamation following this advice ) 

[Emmzzi]

Reasons a business may legitimately consider suspension are:-

a.there is a risk to an employee’s health or safety

b.the employee could tamper with evidence or we believe they may try and influence witnesses

c.property, or the business of the organisation, may be damaged

d.working relationships have broken down

 

If it is mooted, he should clarify which of these is being suggested.

 

Then, alternatives should be considered..

- temporary transfer

- working from home

- change of duties/ role

- change of work schedule to eradicate flashpoints 

 

Under current circumstances, working from home should not even raise an eyebrow, case wise (possibly health wise, but people are going to speculate)

 

[Evay123!]

1 hour ago, Emmzzi said:

Reasons a business may legitimately consider suspension are:-

a.there is a risk to an employee’s health or safety

b.the employee could tamper with evidence or we believe they may try and influence witnesses

c.property, or the business of the organisation, may be damaged

d.working relationships have broken down

 

If it is mooted, he should clarify which of these is being suggested.

 

Then, alternatives should be considered..

- temporary transfer

- working from home

- change of duties/ role

- change of work schedule to eradicate flashpoints 

 

Under current circumstances, working from home should not even raise an eyebrow, case wise (possibly health wise, but people are going to speculate)

 

 The accuser works in a different office and is already under remote working due to the current situation .

 

the accuser has already been given a diff line manager whilst this is being looked into 

 

would that suffice to mitigate the risk in point a ( the accusers health and safety ) 

and the other key points potentially could not apply as there are no witnesses to confirm or deny allegation ? 
 

I will know more today as it unfold 

 

thanks again 

 

[Emmzzi]

I personally would not suspend under those circumstances. Although, I do only have your second hand account of events, so no guarantees!

[Emmzzi]

So, what happened today?

[Evay123!]

7 hours ago, Emmzzi said:

I personally would not suspend under those circumstances. Although, I do only have your second hand account of events, so no guarantees!

As an update , they have yet to confirm when the grievance hearing  to take place - they think it’s Friday 

 

However  when my BIL asked for the  allegations against him , and the grievance /allegations in writing he was told he wasn’t able to see them until the day of the investigation- is this allowed ? He has no time to collate any evidence  or Defense . 

No mention of suspension , but odd behaviour from his boss , who he feels wants him to resign to save any headaches . Asking questions about previous meetings he has had  to corroborate where he has spent his time ( never happened before ) and scheduled a meeting tomorrow for 5.39pm which has never happened ( and BIL ) usually leaves at 5.30pm

as has childcare commitments .

 

His boss has also talked off the record about having to stop a guaranteed bonus that BIL has had for over a year but has positioned because of Corona. BIL has said previously he was worried about the his bonus ever being stopped as it would mean he need to look for another job to his boss  , he was assured that this wouldn’t happen unless of extraordinary circumstances ( this is now being classed as because of corona virus )  it all points to trying to exit him to save any payout to accuser

 

[Emmzzi]

It's an investigation meeting, not a disciplinary. Think of it as a fact find. He won't get details in advance as some people use the time to make up their story.

 

BIL may be reading too much into boss's actions. It really is an awful time to be in business! And easy to get paranoid over trivia. My boss has asked for late meetings today because of government announcements. She's too distracted to remember which of us have kids to collect! We will also have to have drastic cost saving measures. No bonuses isn't the half of it.

 

Don't look for malice.

[Evay123!]

4 minutes ago, Emmzzi said:

It's an investigation meeting, not a disciplinary. Think of it as a fact find. He won't get details in advance as some people use the time to make up their story.

 

BIL may be reading too much into boss's actions. It really is an awful time to be in business! And easy to get paranoid over trivia. My boss has asked for late meetings today because of government announcements. She's too distracted to remember which of us have kids to collect! We will also have to have drastic cost saving measures. No bonuses isn't the half of it.

 

Don't look for malice.

Makes Sense - he is in such shock that I think he’s thinking worse case scenario in everything - although when talking to his boss he did reiterate about “what do you think the accuser will do when this doesn’t go her way - she won’t go away quietly “

 

Will he be required to comment on  Record re the accusations at the hearing or will he get another chance to provide evidence / disregard accusers story ?

 

its not an easy time for anyone , so I agree pay-cuts/bonus reductions  will be necessary for businesses to stay afloat : 

 

thanks again - super helpful advice

 

 

 

[Emmzzi]

He'll be required to explain what happened from his perspective. The investigator will them compare statements and any other evidence, and decide if there is a case to hear. If there is reasonable doubt/ belief, there will then be a hearing.

 

He should dispassionately present the timeline, including conflict of interest/ meeting conversation, etc. 

 

Given today's news I would be amazed if anything happens this week.

[Evay123!]

1 hour ago, Emmzzi said:

He'll be required to explain what happened from his perspective. The investigator will them compare statements and any other evidence, and decide if there is a case to hear. If there is reasonable doubt/ belief, there will then be a hearing.

 

He should dispassionately present the timeline, including conflict of interest/ meeting conversation, etc. 

 

Given today's news I would be amazed if anything happens this week.

 
Will keep you updated 

 

thank you  

[Evay123!]

Hi

 

Still waiting on an outcome of hearing , but really keen to understand a diff perspective regarding changing contracts 

 

The company have changed a number of factors within BIL contract , without him signing anything ( to be fair the whole company has ) 

He has been moved from a months notice period to a zero hours contract without signing a new contract 

Also sick pay revoked and moved to SSP 

 

is this lawful ? Can they evoke any clauses without BIL  signing anything ? 
the company is in dire straits - so I appreciate the money situation is extremely tight, but I want to check if they can enforce this.

 

thanks 

[Emmzzi]

No, it's not lawful. The question is, if he sues, is there going to be anything which which to pay him?

 

More here

 

https://www.acas.org.uk/changing-an-employment-contract

Edited March 19, 2020 by Emmzzi

[Evay123!]

I did think it was a risky gamble - announced to whole business they could invoke a clause in the contract.

 

With the knowledge that potentially in 1 or 2 months times that there will be no business . 
 

 

risky strategy but I suppose desperate times call for desperate measures 

 

he said he will contact ACAS tomorrow

 

thanks  ( as ever ) for the speedy reply

[Emmzzi]

No worries. I wish I could offer more but I’ve spent the week balancing ethics/cash/legal consideration at my own company.

 

i have no good answers. Right now, every option sucks.

[Evay123!]

9 hours ago, Emmzzi said:

No worries. I wish I could offer more but I’ve spent the week balancing ethics/cash/legal consideration at my own company.

 

i have no good answers. Right now, every option sucks.

You have been great and the support from

you and this forum has been so invaluable- thank you  

 

It’s a very tricky world to navigate and businesses have to make decision that may not always be ethical, but necessary to keep trading .

 

Hopefully we all make through this challenging time without too many awful decisions .