Falsely accused at work - advice sought

grenache

I've had a false accusation made against me at work. There is no hard physical evidence against me. They do however claim to have circumstantial evidence that apparently leads back to me The company has summoned me to a meeting later this week.

I've been advised to seek a 'purpose of meeting' written statement from them, a copy of supporting documentation for purpose of meeting and a copy of the company's internal dispute procedure. My advisor has said that without being provided with these first, I am not legally obliged to attend any disciplinary meeting.

Is this correct?

Bird Brain

what did ye nick?

grenache

Bird Brain wrote: »

what did ye nick?

Nothing. It's not theft I've been accused of.

Bepolite

grenache wrote: »

I've had a false accusation made against me at work. There is no hard physical evidence against me. They do however claim to have circumstantial evidence that apparently leads back to me The company has summoned me to a meeting later this week.

I've been advised to seek a 'purpose of meeting' written statement from them, a copy of supporting documentation for purpose of meeting and a copy of the company's internal dispute procedure. My advisor has said that without being provided with these first, I am not legally obliged to attend any disciplinary meeting.

Is this correct?

It is correct that the disciplinary meeting would be incorrectly held but I would still show up. In addition it's perfectly acceptable to hold a 'investigation meeting' with very few of the rights that would be part of a disciplinary meeting.

If you seek a purpose of the meeting and they say it's a disciplinary meeting and they refuse to give you evidence ahead of time show up with a witness and explain you were not given the evidence against you, you now request that time to examine it and if they again refuse I would remain but refuse to answer questions.

That said you really need proper legal advice on this and should make sure you're well covered (know what type of meeting it is, that your advisor is on the ball etc.).

tallaghtmick

grenache wrote: »

I've had a false accusation made against me at work. There is no hard physical evidence against me. They do however claim to have circumstantial evidence that apparently leads back to me The company has summoned me to a meeting later this week.

I've been advised to seek a 'purpose of meeting' written statement from them, a copy of supporting documentation for purpose of meeting and a copy of the company's internal dispute procedure. My advisor has said that without being provided with these first, I am not legally obliged to attend any disciplinary meeting.

Is this correct?

I feel for you, a complete and utter lie by a jealous workmate in one of my old jobs could have gotten me the sack, there was not one bit of evidence only her word against mine but they investigated for a month and even after she leaked the accusation to the office nothing was said. If there's no evidence don't worry just attend and smile through it.

Bepolite

grenache wrote: »

I've had a false accusation made against me at work.

Just to add, you really do need proper advice on this point in particular. Depending on the circumstances you may be allowed to call the accuser and engage in some good ol' cross examination. Faced with this possibility people sometimes cop on.

However I may add that there might be a certain amount of gun jumping, in that it might just be an investigation to get your side of the story.

Corkbah

from reading this thread I'm guessing that the advice given to the OP about the employment handbook etc is basically information coming from an old union head….and this kind of inaction is likely to get you fired and forced to goto the employment appeals tribunal.

my advice OP - is to engage those that accuse you.

goto the meeting and if they ask you to say or do something just say you'll take what they have said on board, answer what you want to answer and whatever you don't want to answer say you don't know or would need to check that out and would get back to them….this allows you to find out whatever you are accused of and allows you to investigate what information they have which points to you.

if you are 100% innocent and the company find you innocent of these accusations - don't be afraid to ask the bosses what happens to your accuser, would you be willing to work with them in the future, explain that you are offended by the accusations and have lost confidence in the accusing colleague.

(don't forget that if you are proven to be innocent you can ask for disciplinary action against the accuser or for them to be removed from interaction with you…and while you are at it you could also say you need to take some time off or extra money to compensate you for the damage of reputation amongst your co-workers…..a decent solicitor could get you 15-20K….again this is all assuming you are proven 100% to be innocent and the accuser is proven to be wrong - false allegations in the workplace is a serious issue.)

PropJoe10

Not sure about the documentation, but make sure you bring a witness with you to the meeting. Dont go in there on your own.

notharrypotter

The company has summoned me to a meeting later this week

What is in your contract?
Is there a published workplace disciplinary code or procedures?
Do you have a union?

but make sure you bring a witness with you to the meeting.

If you can bring a friend/colleague/other should be in the contract or policy and procedures.
That's assuming the company actually has any published procedures.

Dont go in there on your own

This I fully endorse.

If your employment has a union and you are a member ask for their help/assistance now.

If there is no union or you are not a member go to a solicitor who deals with employment law immediately.

I have seen occasions where the owner and manager have effectively ganged up on staff when they call them in for a friendly chat.
Its a 2 to 1 tag team and the results are not pretty.

grenache

Hi folks,

Firstly, thanks to each of you who replied to my question. Fortunately, the matter has been sorted, well 80% of it anyway. I spoke with my HR manager today and she 100% believes my version of things. She is led to believe that my area manager does too. I'm being told I'm no longer "on their radar" and there will be no meeting. But my area manager had to confront me last week to see what I knew or if I would admit to anything. It was his accusing tone that I didn't like, and the fact that it was done on the shop floor, in between me serving customers!

So what I've decided to do is ask for a written statement from them, stating that they have 100% trust in me performing my role as an employee. I feel it is necessary should this episode be dragged up in the future. I'm meeting the HR boss later this week to iron things out.

tallaghtmick

grenache wrote: »

Hi folks,

Firstly, thanks to each of you who replied to my question. Fortunately, the matter has been sorted, well 80% of it anyway. I spoke with my HR manager today and she 100% believes my version of things. She is led to believe that my area manager does too. I'm being told I'm no longer "on their radar" and there will be no meeting. But my area manager had to confront me last week to see what I knew or if I would admit to anything. It was his accusing tone that I didn't like, and the fact that it was done on the shop floor, in between me serving customers!

So what I've decided to do is ask for a written statement from them, stating that they have 100% trust in me performing my role as an employee. I feel it is necessary should this episode be dragged up in the future. I'm meeting the HR boss later this week to iron things out.

Are you in retail management? Request to move to a different area saying you are not happy with the conduct of the area manager and that you feel he has no confidence in you.

Esoteric_

tallaghtmick wrote: »

Are you in retail management? Request to move to a different area saying you are not happy with the conduct of the area manager and that you feel he has no confidence in you.

Second this.

When I was in my last retail management role, I was falsely accused of three things by my area manager, all of which were proven to be false. As I felt my area manager was trying to undermine me, I requested a transfer and was so much happier after that.

tallaghtmick

Esoteric_ wrote: »

Second this.

When I was in my last retail management role, I was falsely accused of three things by my area manager, all of which were proven to be false. As I felt my area manager was trying to undermine me, I requested a transfer and was so much happier after that.

Area Managers....Arseholes :pac: Mine wasnt too bad but he had eyes that would pierce ye like a laser! plus he was about 6f6 and would get right in your face:P

Irish_Elect_Eng

tallaghtmick wrote: »

Are you in retail management? Request to move to a different area saying you are not happy with the conduct of the area manager and that you feel he has no confidence in you.

That sounds a bit over the top.

"But my area manager had to confront me last week to see what I knew or if I would admit to anything. It was his accusing tone that I didn't like, and the fact that it was done on the shop floor, in between me serving customers! "

It looks like the area manager had to investigate and speak with you by HR policy.

But he could have done it in a more sensitive manner, perhaps he simply owes you the common courtesy of an sincere apology.

tallaghtmick

Irish_Elect_Eng wrote: »

That sounds a bit over the top.

"But my area manager had to confront me last week to see what I knew or if I would admit to anything. It was his accusing tone that I didn't like, and the fact that it was done on the shop floor, in between me serving customers! "

It looks like the area manager had to investigate and speak with you by HR policy.

But he could have done it in a more sensitive manner, perhaps he simply owes you the common courtesy of an sincere apology.

Lets just say the accusation was of stealing money,right in front of customers who may easily know him and go home saying hes a thief etc, its hardly over the top.

grenache

tallaghtmick wrote: »

Are you in retail management? Request to move to a different area saying you are not happy with the conduct of the area manager and that you feel he has no confidence in you.

Esoteric_ wrote: »

Second this.

When I was in my last retail management role, I was falsely accused of three things by my area manager, all of which were proven to be false. As I felt my area manager was trying to undermine me, I requested a transfer and was so much happier after that.

Yes i'm in retail. When i say he's the "area manager", that's just what we call him for ease of reference. He is actually the 'operations manager', the Alex Ferguson of the machine. He oversees the company's operations throughout the country. And he's very close to the company directors. Better chance of getting blood from a turnip than an apology from him. If i did ask for one, he'd just laugh. He's that kind of person.