accused at work

[boabauld]

Was asked very nicely into the office today. I was off one day during the week with pain in my side followed by sickness. Went to the doctors and im taking tablets and im scheduled for a blood test next week. I thought this was why i was taken into the office when i was hit with the words (Right this is an investigation; ive been getting complaints that you have been smoking cannabis out the back of the shop on your break and it has been drifting into the shop) well imagine the shock since i dont smoke cannabis. Does anyone know what i can do about this?

[tonyav]

Ask who is supposed to have witnessed it.

[boabauld]

As far as i know its a little like prejudice m8 they wouldnt tell me

[tonyav]

Ask them for proof then.

[lcg]

tell them you'll do a pee test to prove it wasn't you. and, they have to prove it's you - hearsay isn't good enough.

[dotty.]

did they suspend you on full pay pending the investigation process to establish the facts from any witnesses and for you to be interviewed and notes taken to enable the investigator to decide whether it should go to a disciplinary hearing?
if not they have not followed a proper procedure as it is a seriosu accusation which if unfounded you must challenge and put in a grievance if there is no grounds for the allegation.

[bert_h]

Keep your cool. They've got a troublemaker somewhere, that's their problem, don't make it yours as well.

[Eve]

I'd want to know what kind of proof they have and, as part of a reasonable investigation, be asking for a test to prove I hadn't smoked it (I assume it is detectable for a while but maybe depends how long so time may be a factor here).

Do you have a union or formal HR department? ACAS may be able to give some guidance and you can look up the kind of procedure that should be followed in their guidance booklets. Make a written record of everything!

[boabauld]

thanks everyone and dotty how would i go about challenging this

[dotty.]

not that straight forward though bert, it is a very very serious accusation and it would mean instant dismissal for gross misconduct if there is a statement from a witnesses which cannot be challenged with any difinitive proof it hasn't happened. ARE YOU IN A UNION?

[dotty.]

well at what stage is the investigation at? Jenna can tell you that it isn't a quick process as all the statements have to be gathered under a formal process with an investigating manager or chair and an impartial note taker who is not allowed to make comment.

[Eve]

How long have you worked there and what kind of contract are you on? Full time/temporary/agency etc...

[dotty.]

if they only have someone else's word against yours they may take the line of probability initially but you must challenge it all if you knwo it wasn't yourself, you will have however many investigative interviews as it takes for your manager to decide from the fact gathering exercise whether it should then go to a disciplinary meeting with a manager who is not your line manager and another none participating note taker,

[dotty.]

Unless you were advised in advance that it was an investigatory meeting and a note taker was present then you have not had an investigation BTW

[snags]

^ What a long winded waste of time. Do the urine test.

[dotty.]

snags who is going to pay for that?

[snags]

If I was in boabauld's position I would pay for it. Get it done. Move on.

[dotty.]

and anyway, the OP needs to know that there will not be any reference to the allegation on her file, and so the procedure has to now be followed , even if they have a test disproving the allegation, my grandfather didn't stand on the picket line to win rights for workers for someone to say what a long winded waste of time employment legislation is

[lcg]

that is one way of solving it quickly!

[boabauld]

No union. The investigation is right at the start as far as i know, ive not been shown any other statements im on a permanent contract with part time hours i wasnt suspended they kinda just said after i read what the noter took down thats it and i said im due a break

[dotty.]

so at some point you will be aclled back to be told what the investigating managers decision is, whether they are escalating to a disciplinary meeting or whether there is no further action, if no further action then they cannot keep any record in your file about the investigation and all notes have to be destroyed and never referred to again, if they do take it futher you can have a representative with you at the meeting who can take notes for you and support you. Jenna will know more about any grievance process on the back of a decision not to procede.