employment law

[paddiez]

I have a friend who has a problem. Something happend at work Just over a YEAR ago. The friend informed the employer at the time and was told not to worry these things happen. Over the last year the employer / employee relationship has deteriorated badly and now a year later he is considering diciplinary action for the alleged offence which happened a year ago. Is this allowed now after such a long period even when he had know about this at the time??? Urgent respone needed.

[boxtops]

Was anything put in writing at the time of the incident? If it goes to disciplinary, there will need to be evidence of the incident (whatever it was), to show that your friend did whatever it was. Any witnesses, either to the event or to the employer's statement that it wasn't important at the time?
Is your friend in a union?

If there is nothing to support either side, I suggest (as I often do) that they ring the ACAS helpline - impartial and free, and very helpful and supportive.

[buildersmate]

Pretty much agree with Boxtops - if nothing was put in writing at the time, it is going to be hard for an employer to undertake a fair investigation (that might ultimately determine that the employer decides to take disciplinary action) 12 months after the alleged incident.
That doesn't stop an employer who is either unscrupulous or doesn't know much about good employment practices trying it on, of course.
Try ringing ACAS to get their view also, but my advise would be to state clearly to the employer at any investigatory interview that you are invited to attend 'this allegation is too long ago for you to untake this disciplinary process'. Keep notes yourself of what is said (bring a friend with you to take notes) and also state 'I wish you to minute what I have just said'.
Then see what happens.