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Investigatory

Started by dfl, 04-01-17, 05:24AM

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MrK2017

Hi. I am currently waiting for an investigatory. Just wanted to ask a few questions on some things before I go into it.

Firstly my APM is note taker.... is this right?? Surely if I had a problem during the meeting I should be able to contact my APM??

Secondly on the letter I received it says it is an "informal" meeting..... so should there even be a note taker for it??

And finally during any adjournment should it be the investigators that leave the room?? And I don't agree that my area manager gets to discuss the matter with the APM during the adjournments as I do believe this is unfair.

Any help would be most appreciated

Expressdude2016

Yes APM can take notes and yes even informal meetings can have note taker and you have right to representation. When you say apm discusses with area manager is the area manager the one holding the meeting .But yes they can discuss it. It is quite normal during adjournments that other advice is taken whether from apm am or gpm. If Apm is taking notes and you feel you have an issue then you can raise this with GPM for advice.

Katvalo

Quote from: Katvalo on 12-08-17, 10:21PM
I'm in need of some clarity. I was invited to an investigatory meeting with less than 24 hours notice, I was then sent a WhatsApp message later that evening telling me the time of the meeting needed to be changed. I never received a letter for this. Now I know this is against investigatory process but what I'm unsure of is during a meeting when it's adjourned is it now the investigating manager and note taker that now need to leave the room as this also didn't happen. It's now gone to a disciplinary meeting and I feel that the whole process hasn't been completed correctly.

I forgot to mention I've been in my job role 4 months and have a blemish free record for nearly 12 years. I've owned up to my mistake and I'm completely remorseful for what happened so surely this would be taken into consideration?

terra

Yes but would depend on what your mistake was
Are you in express?

Katvalo

No I work in a Phoneshop in an extra store. It's for gross misconduct. The problem I also have is that the investigatory process wasn't followed correctly either, not given 24 hours notice of the meeting and then subsequent change of time which was sent to me through a WhatsApp message, also when the meeting was adjourned I was made to leave the room not the managers that were taking the meeting

Me2015

It all needs be done as per process for the outcome to hold any merit!  Letters inviting you to meeting must be 24hrs notice, any changes should be made in agreement with 2 parties and this should be noted.

You say Gross Misconduct; understandably you won't want to say what that is, however, this is deemed as 'sackable' so it must have been a pretty serious allegation being made against you!

Notwithstanding the allegation, if the process has not been followed to the letter, an appeal will always win!

MrK2017

Mine is technically gross misconduct as I posted a small comment on Facebook that they are claiming puts the company in disrepute. Even though the comment I wrote was firstly a joke and secondly hardly worth the hassle of an investigatory. So gross misconduct should surely mean suspension?? Could do with an extra couple of days off.

I am in express and a store manager. Hence why the meeting is being done by the area manager. I still don't agree that the personnel manager is the one note taking when in theory they should be there if I have a problem??

Katvalo

Quote from: Me2015 on 13-08-17, 10:38AM
It all needs be done as per process for the outcome to hold any merit!  Letters inviting you to meeting must be 24hrs notice, any changes should be made in agreement with 2 parties and this should be noted.

You say Gross Misconduct; understandably you won't want to say what that is, however, this is deemed as 'sackable' so it must have been a pretty serious allegation being made against you!

Notwithstanding the allegation, if the process has not been followed to the letter, an appeal will always win!

It's was for breach of code of conduct, I forgot to ask a question which ment a phone was upgraded fraudulently. I've heard my hands up to it and since the investigation I've been left in the shop on my own to carry on processing contracts which understandably I'm now uncomfortable in doing. It makes me wonder why I wasn't suspended?

terra

No someone from the personnel function has to take notes..this is were your advice would come from the union if you are a member. The APM is for the company in a disciplinary and you would be supported by a rep. And I once was given a first written warning and in the disciplinary they admitted they had totally not followed process I took it to appeal and lost...you one have one stage of appeal and the SD in my case just covered up for a Store Manager knowing I could do nothing about it.

terra

If you had been suspended you almost certainly would be dismissed. As you haven't it is more likely you won't and if you were you could also bring that into any appeal

Katvalo

Should I bring these points up in my disciplinary? I obviously don't want it to get to the point of being sacked and I'm truly remorseful for what I've done but if they've clearly not followed all parts of the investigatory process I shouldn't be dismissed? I deserve to be disciplined for my actions as if I were in there shoes I would do the same.

MrK2017

Ok cool thank you. I always do try and get one over on them when situations like this arise and I'm someone's rep. However seems like they are doing everything right so far which is a shame.


MrK2017

I would katvalo it seems like your no threat to the company otherwise you would have been suspended. Doesn't mean they still won't suspend you after the investigory. However seems like they can't afford to lose you in the phone shop which is usually why they don't suspend

Katvalo

[gmod]Please do not quote immediately prior post(s).[/gmod]

I've already had my investigatory and wasn't suspended after that. It was a stupid mistake, one which has never happened before in my career. Never been in an investigatory for anything performance based in the 12 years of working for them.

MrK2017

You'll be fine then. Your not deemed a threat. It'll be a slap on the wrist or a warning.

Katvalo

Obviously I'm just so worried, I've got a little girl to look after now and to be honest I'm so disappointed in myself for ever getting in this situation.

MrK2017

You'll be fine. You made an honest mistake and owned up to it which is why they've been ok. We all make mistakes.

MrK2017

Hi I'm in desperate need of advice. I had my investigatory and it's been forwarded to disciplinary. That's fine no problem. However I have been told that the rep I want cannot do it due to him investigating another member of staff for the same offence. Apparently if I decide to appeal the decision he would then be questioned.

Is this right??

terra

There is a potential conflict for the Rep but you are entitled to the Rep of your choice, another manager can do the investigation

MrK2017

This is the thing he has not investigated myself, and has not been in contact with regards to the investigatory he did on the other colleague. He is the only person in our group that I trust. I cannot think of another store manager that I do trust

Nomad

Quote from: MrK2017 on 14-08-17, 04:46PM
....... However I have been told that the rep I want cannot do it due to him investigating another member of staff for the same offence...
I must be having an off day because I just don't understand this, a rep investigating a member of staff ?
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

MrK2017

Lol sorry just angry at the moment.


He investigated someone else for the same reason I was investigated but I was investigated by someone else today and it's been referred to disciplinary. I want the person that investigated the other colleague to be my rep

Katvalo

I honestly don't see why he can't rep you, if he's the rep of your choice and hasn't been involved in this investigation then I don't see a problem

MrK2017

I know. But because he investigated someone else related to it he apparently can't. It's so frustrating as there is nothing within Tesco procedures that says he can't rep me. It clearly states anyone of my choice

Nomad

Is the rep you want also a manager ?
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

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