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i have been accused by a member of my staff that i have bullied…

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i have been accused by...
i have been accused by a member of my staff that i have bullied him for 8 months in the work place .this came the day after he refused to follow my instructions at work which led to a threatining incident towards me in the form of kicking in a door and plunging towards me at which point i told him to f**k off out of the work place and go home .
this has been fully investigated by my employees and no action was taken against me .i have had no access to to the interviews of 5 other staff who witnessed the incident the member of staff has been invited back to work and paid for his time off.
i have since put in a grievence to my directors which relates to disciplinary action been taken against him for false information and had heard nothing in return.what should i do next
Submitted: 8 years ago.Category: UK Law
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Answered in 5 minutes by:
6/17/2010
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,991
Experience: Award winning lawyer with over 15 years experience
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Hiya,

 

I am sorry to hear of your difficulties.

 

There is no strict timeline as such for an investigation to be concluded by an employer.

 

The ACAS Code of Practice, which employers and employees should follow as a guide in disciplinary procedures, states that the nature and extent of the investigation should depends on the seriousness of the matter and the more serious it is the more thorough the investigation should be. So there is no defined timescales as long as the employer keeps the employee informed of the progress and does not take an unreasonably long time in the circumstances.

 

I would recommend that you keep records of everything that happens and every conversation - on the basis that you may need to bring a claim to the Employment Tribunal.

 

I hope that helps

 

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Customer reply replied 8 years ago
if the alligations were false and proven to be malicious which the investigation have proven ,and i have since put in my greivence do i have the right to read all of the statements .my salary payment was made 8 days late after this incident ,and i wish also to claim hardship and additional stress over this matter ,i regularly work over over 60 hours a week ,some 10,12,and even 14 hour days without a break and without opting out of the directives relating to the 48 hour working week and have been written too that this is my duty
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Hiya,

You do not have a specific right to read all the documents which relate to a separate investigation - but you can of course request these statements. I am not convinced that you can claim the additional stress because the company is obligated to investigate these matters and would be breaching the law if they failed to follow this process - and a salary payment being late sadly is also not a cause of action.

In the situation which you are in I would be minded to have a face to face confidential and free meeting with ACAS to discuss the prospect of you bringing ultimately a constructive dismissal claim as this appears to be the way in which this matter may well be heading.

I feel very sorry for you

Please remember to PRESS ACCEPT
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Customer reply replied 8 years ago
am i able to prove in a court that this indivual is guilty of deformation of charecteur .regards XXXXX XXXXX out of 48 hours a week i have refused to sign this off and i was told to go there and now and have since been written to stating that i must work 54 hours aweek in order to do my job is this correct
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago

Hiya,

 

It is quite difficult to pursue such a case and also very expensive. As to working more than 48 hours a week - you should make a formal complaint to the Pay and Work Rights Helpline - http://payandworkrightscampaign.direct.gov.uk/

 

I hope that helps

 

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