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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been informed that my boss has made a complaint against

Customer Question

I have been informed that my boss has made a complaint against me regarding "my conduct in the office" they have already stated interviwing members of staff and I have a meeting tomorrow . I have been given no information about the alleged "conduct in the office" other than that. Should I not be given a statement and details before I attend the meeting tomorrow, as I do not know what I have done!!?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

DearCustomer

 

Thank you for your question.

 

Employers are bound to follow a statutory dismissal and disciplinary procedure. If they do not it may prejudice the defence to any claim you eventually make against them

 

Before the meeting you could tell them (in writing preferably, possibly by email) that you are aware that under the Employment Rights Act 2002 your employer must set out in writing the grounds for the proposed action by the employer. You can view the steps they are obliged to follow here and you can print this out if necessary:-

http://www.opsi.gov.uk/Acts/acts2002/ukpga_20020022_en_10#sch2

 

They may say that it is not a formal disciplinary meeting and that they will initiate the procedure afterwards.

 

You could well choose to keep quiet about your knowledge of your rights. If they are not up to speed with the procedure, you can play dumb, let them mess it up the procedure they are statutorily bound to follow and then you will have one legitimate ground for basis for being treated unfairly (re- unfair dismissal, if you're eligible). Be careful to act civil, do not make any knee-jerk reactions in the meeting that you may later regret

 

For more information on your options for making a claim you can speak to ACAS free on

08457 47 47 47.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 6 years ago.

the wording in the letter says "we will be commencing a formal investigation into concerns raised about your professional conduct in the office. Please be aware we are not obliged to put anything in writing to you before we have completed the investigation, at which point we will specify the details of the case to you, if appropriate.

 

goe on formal investagation will commence 26/27th meeting with me tomorrow. then once the investagation is complete after review see if it warrants further investagation.

 

Is this a disciplinary action? can I have some one with me? I am not happy that this is going on in the office and if any action is taken or not, I feel as though evryone will think that I have done something wrong.

Expert:  Thomas replied 6 years ago.
Customer

No, it does not appear as if it is a disciplinary procedure yet. More of a fact finding exercise. It sounds as though they are aware of their responsibilities of as an employer and are making investigations prior to initiating the statutory procedure.

I would suggest attending the meeting and keeping your cards very close to your chest in the meeting tomorrow. If you can prove there and then that any of the that their allegations of your conduct are factually incorrect then do so but otherwise do not expose yourself to anything that could be raised against you at a later date.

Following the meeting tomorrow, they will then either initiate the procedure or not. If they do you will become entitled to be accompanied by another person to the meetings in the procedure.

People can have their own opinons, but you should not let that effect either your work generally or your response to this particular issue.



Kind regards,



Tom

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