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Informal investigation at work


StewieGriffin

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Team leader should not in any way be passing info on to another member of staff. Get the other member of staff who overheard to write a witness statement.

Although (tired, sorry...) I think you said you had a text... BOOM. Do no delete that. Handy. Could be seen that you are being victimised and if the person is indeed talking to other people, it is a good thing to keep (the text).

I've been away for a little, so I missed it. Did you take a witness in? If it was indeed an informal chat, how can they go from that to where you are now? Did they warn you in the meeting that it was going to proceed in that manner and were notes taken, did you have a witness who also took notes?

If it was informal, it makes no sense that the next step is to put you on full pay but an investigation.

I'm so tired but have experience in this. I will try to help as much as possible.

Sorry for the ramble.

Obviously i have kept the text message.

I didnt take a witness in, as i read "informal meeting" as 'you're getting a bollocking when you come in' - notes were taken by the 3rd party present in the meeting, and as yet those notes nor copies of the posts I was confronted with have been made available to me. I haven't had any official confirmation that Im currently suspended either - just my manager telling me that that is the case.

I asked the staff member who texted me to talk to the store manager about what she had overheard and to ask her to call me

I work for a very unionised company, and any disciplinary that even slightly doesn't meet the correct procedures will be thrown out at tribunal, so unless we are certain we have done it by the book it won't end in dismissal. Do you have a union?

If they haven't given you a copy of the notes, didn't allow you representation, and haven't formally notified you of suspension then you're already on good ground. I certainly wouldn't request any of this, just make sure you keep a written log of all communications with anyone from work, however small it may seem. If you can show they are acting unfairly and that you haven't had formal notification, at the very least they might dismiss you but pay you off at tribunal and you end up with a nice bonus before starting a nice new job with a company not filled with word removeds!

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Im not in a union sadly, so I won't have anyone with a brain in there with me.

Had a letter today to say my disciplinary hearing is next Wednesday (so its dragged from Saturday 11th when i had my initial letter to Weds 22nd and presumably beyond if im not sacked at the end of Weds) it contained a copy of the notes. I had no official letter to say I was suspended.

Resigned to losing my job now tbf

Edited by StewieGriffin
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Although it may not seem it now, you'll be much happier elsewhere. You can get bogged down surrounded by emotional vacuums in any job and before you know it these mood hoovers suck every last ounce of pleasure from every day of your life and you didn't even realise.

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Im not in a union sadly, so I won't have anyone with a brain in there with me.

Had a letter today to say my disciplinary hearing is next Wednesday (so its dragged from Saturday 11th when i had my initial letter to Weds 22nd and presumably beyond if im not sacked at the end of Weds) it contained a copy of the notes. I had no official letter to say I was suspended.

Resigned to losing my job now tbf

You are now going to take someone in with you (as it's now a formal disciplinary hearing), though, aren't you?

Take anyone - they won't be able to speak on your behalf but they will be able to ask questions to clarify things* (and if they do that correctly and show up any failures by your company in their procedures or elsewhere) it may well make your hearing more pleasant than it would otherwise be.

*That's unless things have changed in the last ten years or so.

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Yes, taking a respected colleague in - fairly sure he's been a "friend in the room" before.

My main line of argument is that their most recent post (i.e the one that caused the issue to be raised) is dated 29th June, but whoever gave them the 'history' of posts has gone back to May 2014 - clearly these were not an issue at the time, as they were never raised (which in itself breaks the social media policy as it clearly states an employee must report anything they see) and they will have been seen by store managment as I had/have the Assistant Manager who is currently on maternity leave, both current team leaders and a team leader who has been on maternity since october on my friend list, yet none of those deemed things offensive enough to report. Also, whoever collated the posts has ignored the positive work-related posts and printed things off to suit their claim - so i will be using the words "agenda" and "victimised"

I also intend on calling the current assistant manager as a witness (he my line manager before he was promoted) because unless he lies then he will attest to how stressful my role can be and that i had raised concerns about some things that have been ignored by management which has raised my stress, and i may also call one team leader so i can ask why my previous postings from May '14 onwards were never highlighted if they are such an issue now

Edited by StewieGriffin
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Yes, taking a respected colleague in - fairly sure he's been a "friend in the room" before.

Good.

As for the rest, I guess it becomes a bit subjective. Like others and I have said, if you can nail down anything that they have done that doesn't tie in with their procedures (and I hope you've got a copy of them by now) then you'll have more of a case than trying to persuade them to look at the situation about the posts in the way that you may want.

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The main one there appears to be that the social media policy states that if employees see anything on SM then they must bring it to someones attention, and 4 in-store managers did not do this, so how can they be deemed unacceptable?

I'm not sure that will help you as that's surely just a negative mark against those managers?

I don't think it's an effective argument to say that you haven't been stopped for speeding before...

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The main one there appears to be that the social media policy states that if employees see anything on SM then they must bring it to someones attention, and 4 in-store managers did not do this, so how can they be deemed unacceptable?

I'm not sure that will help you as that's surely just a negative mark against those managers?

I don't think it's an effective argument to say that you haven't been stopped for speeding before...

 

 

Drag as many down with you as you can. That will teach them.

Edited by AndyM3000
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Does the social media policy state that it can count as gross misconduct? I still think it would be very harsh to sack you and the more just punishment would be a written, possibly final written warning. If you take a friend in with you who can stick up for your character, possibly the one that texted you about the team leader gossiping about the situation, acknowledge you were wrong and have deleted your account even before the disciplinary process came about, then I think they'd be more lenient. Having sent them that letter/email the other day I think you have done the right thing and I wouldn't necessarily go in all guns blazing to start with.

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SMP doesn't specifically say it's classed as gross misconduct, but it still says you can be sacked for violating it.

I don't intend on going in ready for a fight, as I need to show my regret, but obviously im going to defend myself as best i can now I finally have a proper chance to do so.

Still just feels like the decision has already been made

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The main one there appears to be that the social media policy states that if employees see anything on SM then they must bring it to someones attention, and 4 in-store managers did not do this, so how can they be deemed unacceptable?

I'm not sure that will help you as that's surely just a negative mark against those managers?

I don't think it's an effective argument to say that you haven't been stopped for speeding before...

 

I definitely wouldn't mention this and other managers etc as it sounds petty and you are just trying to drag others into your mess. Also all they have to say is they didn't see those posts. You cannot prove that they have seen them so it is pointless mentioning them and may jeopardize any friendships

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Yes, taking a respected colleague in - fairly sure he's been a "friend in the room" before.

My main line of argument is that their most recent post (i.e the one that caused the issue to be raised) is dated 29th June, but whoever gave them the 'history' of posts has gone back to May 2014 - clearly these were not an issue at the time, as they were never raised (which in itself breaks the social media policy as it clearly states an employee must report anything they see) and they will have been seen by store managment as I had/have the Assistant Manager who is currently on maternity leave, both current team leaders and a team leader who has been on maternity since october on my friend list, yet none of those deemed things offensive enough to report. Also, whoever collated the posts has ignored the positive work-related posts and printed things off to suit their claim - so i will be using the words "agenda" and "victimised"

I also intend on calling the current assistant manager as a witness (he my line manager before he was promoted) because unless he lies then he will attest to how stressful my role can be and that i had raised concerns about some things that have been ignored by management which has raised my stress, and i may also call one team leader so i can ask why my previous postings from May '14 onwards were never highlighted if they are such an issue now

Snowy has nailed the take someone in stuff perfectly.

 

So.....  things to say/do.

 

1) Don't blame anyone else

2) Don't say "That one was tame - you should see what else I've said about the company on the internet"

3) Don't claim an agenda or victimisation you just look like a nutter. 

4) Apologise. 

5) Play up the stressful stuff. You were very busy. You were venting frustration. Out of work pressures (make some up if there are none) had an impact and clouded your judgement. 

6) Highlight previous good character - quotes from appraisals or performance reviews will assist you here.

7) Plan what you're going to say and your "defence" in advance. Write it down. Don't walk in and wing it.

8) Wear a suit - look smart. 

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