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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44944
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A work colleague who's poor performance I had to have

Customer Question

A work colleague who's poor performance I had to have reviewed by HR has now made false allegations against me including that I was drunk at work. I have not been suspended. This has resulted in an investigation at which I gave my evidence. I was told that I would hear back by the end of the following week. It is now three weeks since the investigation interview and I have heard nothing. Living under these conditions has made me ill to the extent my doctor has now signed me off work for 2 weeks with work related stress. I have had no support or communication from my employer and have been expected to work as normal with a serious allegation hanging over my head. I have let my boss and superior know that I have been signed off and the reason why. What else should I do?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello how long have you worked there for?

Customer: replied 1 year ago.
16 years full time. I have an exemplary employment record including being promoted several times. Only 2 weeks off sick (major surgery) in 16 years.
Expert:  Ben Jones replied 1 year ago.

Whilst the employer should deal with his without unreasonable delay, I am not aware as to why the actual delay has occurred and there could be reasons for that. For example, witnesses may be unavailable, those who would be expected to deal with this may be away or otherwise engaged, etc. So there could be a reason, or more, which can explain the delay, although I of course understand it is not ideal just to be left hanging.

As you cannot force the employer to expedite this process, you could consider making your own complaint against the employee who made the false allegations. You have the right to raise a grievance against them because they have acted maliciously and made a false complaint against you so you can complain to the employer and let them deal with this. In the meantime they should hopefully resolve your investigation. If necessary you may also include this delay as part of your complaint.

The other option, which would be a drastic one, I to resign and claim constructive dismissal. However, it would be too early for me to recommend that and it should only be used as a last resort so go down the grievance route if needed first, before you consider the constructive dismissal route.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Thank you for your reply. I was first informed of the complaint made against me on 27th August, so it has been a long time without resolve. I obviously understand they have a job to do and it can take time. Should I request a meeting with HR to resolve this or just let it take its course?
Expert:  Ben Jones replied 1 year ago.

Sorry my connection dropped last night. You have nothing to lose by requesting a meeting to try and speed things up. The worst that could happen is the meeting changes nothing and the time taken to resolve this remains the same. Hope this clarifies things for you a bit more?

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