Rights when being investigated by workplace

M

medo

Guest
I recieved a letter from my workplace stating that they are holding an investigation into something which they state I have done incorrectly. They do not state in the letter what it is that I am supposed to have done incorrectly, just that an investigation is taking place and I am required to attend a meeting and have someone present with me.

I have contacted the person who wrote the letter and asked what it is in relation to but have been told they will not discuss that until I attend the meeting. It also states in the letter that the investigation will include meetings with other staff members and witnesses.

Am I entitled to know specifics about what I am being investigated for before attending a meeting? It says that the investigation is being conducted in accordance with the workplace disciplinary procedure.
 
I'd recommend you contact NERA and they will give you advice about the situation when you receive your letter about the actual date / time and reason for investigation and disciplinary meeting. Its important that you take someone with you, it doesn't need to be a Colleague but can be a friend of family member. Do you have no idea about what it may be about? Basically Disciplinary meetings are beyond the scope of Employment law, but if a decision is taken at it or as a result of it, or your Employer advises you of a decision that has been taken about your position during this meeting you can then pursue action if you feel you have been agrieved.
 
You usually cannot bring in someone from outside the company as this in an internal procedure.
 
It really depends on what the company's disciplinary procedures manual says. Ask for a copy.
Every employer should make it's employees aware of the companies disciplinary procedures.
Ask if you can record/tape at the meeting.
If you are in a Trade Union you should contact them for advice.
 
It sounds crazy that you could be called to a meeting without any idea what it's about. I disagree with the above comment that disciplinary meetings are beyond the scope of employment law though. As mentioned above, the employer must have a disciplinary procedure in place, and you should have been made aware of this (generally within the first month of employment). Regardless of what is contained in this procedure, you are entitled to fair procedures, i.e.
1. The employer must fairly and fully investigate this issue
2. The employee should be made aware of the case against them and have an opportunity to prepare and respond
3. Employee must be given an opportunity to fully state their case before a decision is made
5. Employer should not pre-judge the issue.
6. The employee must be allowed to appeal any decision made

It might be a good idea to contact NERA, not they'll be a great help, but it'll rattle the employer.

Regarding a representative, definitely bring someone, even if only to take notes. If you have a trade union rep they should go. Just try and bring one who knows what they're talking about.
 
I would be inclined to say very, very little at an initial meeting. Listen carefully to whatever allegations are being made against you. Get your buddy to take good notes. Find out who has made these allegations (you have a 'natural justice' entitlement to know who is making allegations).

Then say you need time to consider your response.
 
If its a large company chances are they will record the meeting.

I would ask in writing for a full description of the case prior to the meeting.

I would ask for a copy of the recording for my legal representatives and also try if possible to bring someone of standing with you to witness the meeting. This could be very important later on should you have to take a case against the company later.
As per @Complainer say as little as possible during the meeting and revert to them later.
 
I would refuse to attend unless you are informed of the nature of the case being made against you as you have every right to know that in advance.
 
it sounds bizarre that you have absolutely no idea what it could possibly be about.

are you sure you have no idea?

You have to have some idea surely no?
 
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