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Author Topic: How long is a disciplinary/dismissal process really meant to take?  (Read 19631 times)

Preacherpauly

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Apparently it was through what’s app it all happen I did not touch her at any point and I didn’t make her uncomfortable

LOL

Obviously you did as you are going in to a disciplinary meeting.

« Last Edit: 13-06-19, 05:54PM by Preacherpauly »

lucgeo

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Please don't use that rude excuse as your defence in the investigation and certainly don't agree you think it's rude! At any time during the text exchanges, did she indicate that she was offended, upset, asked you to stop texting her, or ceased to reply. You said she just laughed...was this LOL, laughing emoji ,both, or other forms of abbreviations to indicate she found your texts funny? Did she reply in the same vein, with suggestive remarks or encourage you in any way??
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BounceyBall

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No every time I crack a joke she literally has a laughing emoji I did not touch her at any point I’ve been nice to her. I wouldn’t hurt anyone

BounceyBall

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And she’s the one who kept on texting me

Preacherpauly

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No every time I crack a joke she literally has a laughing emoji I did not touch her at any point I’ve been nice to her. I wouldn’t hurt anyone

You don't have to touch someone to sexually harass them. Here are some instances:


Sexual harassment includes many things...

· Actual or attempted rape or sexual assault.
· Unwanted pressure for sexual favors.
· Unwanted deliberate touching, leaning over, cornering, or pinching.
· Unwanted sexual looks or gestures.
· Unwanted letters, telephone calls, or materials of a sexual nature.
· Unwanted pressure for dates.
· Unwanted sexual teasing, jokes, remarks, or questions.
· Referring to an adult as a girl, hunk, doll, babe, or honey.
· Cat calls.
· Sexual comments.
· Turning work discussions to sexual topics.
· Sexual innuendos or stories.
· Asking about sexual fantasies, preferences, or history.
· Personal questions about social or sexual life.
· Sexual comments about a person's clothing, anatomy, or looks.
· Telling lies or spreading rumors about a person's personal sex life

Obviously she has shown the text messages to the manager and they feel they have a strong case to investigate. Take a rep in with you.
« Last Edit: 13-06-19, 06:09PM by Preacherpauly »

NightAndDay

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And she’s the one who kept on texting me

If you can prove with the texts that they aren't sexual in nature of if was that it wasn't rejected or unwanted, it will throw the investigation out/being a significant mitigating factor on disciplinary given.

BounceyBall

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I understand that but with my one it wasn’t just me in the group chat it was 6 of us and I’m the only who gets investigated I don't know why everyone else in the group chat where literally roasting her but I’m the one who gets reported.
I’ve been told if it’s not that serious I could only get a warning or even a final warning that’s why I’ve got the investigation meeting soon

lackofinterest

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if other people in the chat have made sexual remarks and you are the only one she has reported then it's obvious she's not worth talking to or going anywhere near. bit late for that now though. just learn from your mistakes

BounceyBall

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Ye mate thanks for the advice
I am learning from this never to trust anyone again

lackofinterest

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in my store there is only one person i can trust to say anything to and it won't go further. the only people you can really trust are true friends and family. tosco is rife for people trying to drop others in it and not being able to mind their own business. if you lose your job over this it could be a blessing in disguise mate. in future i advise you not to get involved on social media, etc with work colleagues. that's all they are work colleagues, nothing more nothing less!
« Last Edit: 13-06-19, 06:49PM by lackofinterest »

BounceyBall

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I have learnt my lesson keep things to myself unless I’m really close to someone

lucgeo

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A group chat should result in a group investigation.....if, what you say is true, then you need to be asking them why you are being singled out for the investigation? If you have the texts, and her responses, and they're all as you state, then really she could end up in a lot of trouble...just because you have been accused and are being investigated, does not mean you have no rights.

Do you have representation in this meeting?
Have you spoken to a rep?
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NightAndDay

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I understand that but with my one it wasn’t just me in the group chat it was 6 of us and I’m the only who gets investigated I don't know why everyone else in the group chat where literally roasting her but I’m the one who gets reported.
I’ve been told if it’s not that serious I could only get a warning or even a final warning that’s why I’ve got the investigation meeting soon

If the others made remarks equally as "roasting" as yours on the chat, and you're the only one that's getting investigated for it, then the investigating/disciplining manager will be in a very legally dubious position if you do get dismissed, unfair dismissal will be a valid claim due to yourself being subject to harsher disciplinary measures for the same act of misconduct as others in your store, you just need to make sure it is documented that others in the chat made equally serious remarks.

lucgeo

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Are you certain nobody else involved in this chat, are being investigated??
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BounceyBall

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Yep I’m certain like literally I’ve got a mortgaged to pay so if I lose this job that’s it I’m finished

BounceyBall

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I have a colleague representing me and it’s only a investigation meeting not a disicplinary hearing. I can’t afford to lose this job because I have a mortgaged to pay. If I lose this job I will commit suicide.

lucgeo

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If you are a union member, I urge you to take a rep in with you...if your colleague is to be your representative, then that colleague should be recognised as your chosen representative, and therefore, under ACAS ruling, has the same rights as a shop steward. The manager will state that your colleague is unable to speak, this is incorrect...they can speak and ask questions and adjourn the meeting, but they cannot answer questions in place of you.

Do not undermine the importance of this investigation meeting, state your case clearly, show your evidence by way of the texts. Question why you are being singled out for investigation. Read all notes thoroughly, the slightest omission should be rectified. Do not answer or ask any questions until they start note taking....the note taker is not allowed to ask you any questions, or make any comments or opinions regarding the accusation during the meeting. If they do, clearly state that you object to their speaking and ask for their comments made and your reply to be recorded in the notes....do not sign them if it is not included.

I sincerely hope that your suicide comment, is a knee jerk reaction statement and not true intent.
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NightAndDay

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Look at it from 2 positive angles, either as a result of this investigation, you'll either keep your job, or you get fired with which you can pursue an unfair dismissal claim which, if you win will get you enough money to last you for a long time while you find another job.

Overworked1

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What’s happening bounceyball?

BounceyBall

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My meeting is at 14 and I’m literally stressing over this situation like I didn’t do anything wrong. OK I said things I shouldn’t have said, but it’s not like I attacked her in anyway and she’s making out that I attacked her really.

Overworked1

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We all say and do things we later regret any reasonable person would just give you an earful and send you back to work. No need for endless investigations or disciplinary.  Let us know how it goes.

BounceyBall

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I will do mate

BounceyBall

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Apparently they have like 3 witness statement saying I did some of the things I’ve denied majority of it so fingers cross everything will be alright

lucgeo

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And did you ask for the names of these three witnesses? What do you mean "did" some of the things, was it texting or did you actually "do" something to this person ???
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BounceyBall

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No I didn’t and I did ask for there names
I was just texting