Dealing with an unexpected and unwarranted allegation

It is not unusual for callers to our helpline to be upset, shocked and bewildered to be accused of performing poorly at work, with the allegation coming out of the blue.

Desperate Frankie was one such caller when she contacted our Employee Support Centre for help.

The recruitment manager had only ever received positive feedback for her work, so was stunned to be invited to a disciplinary hearing to face an allegation of poor performance.

The notification to attend the hearing warned dismissal was a potential outcome.

But as with many contentious work-related issues, there was some history which helped to make the matter a lot clearer.

When Frankie, who had been in her role for three years, first spoke to our representative it was after she had attended the disciplinary hearing and it had to be adjourned.

The meeting was stopped and later rearranged when Frankie was presented with evidence at the hearing said to show her poor performance, and she broke down in tears due to how she was being treated.

Our representative discussed the case with Frankie and asked her a range a questions to obtain information about it and the background.

It emerged Frankie had previously raised a grievance for bullying and harassment against the male manager conducting the disciplinary process.

That grievance was handed to the same manager for him to deal with it. He arranged a meeting with Frankie, spoke to her about the grievance, dismissed her claims and said it was the end of the matter.

The disciplinary case Frankie was facing followed a work-related disagreement with that same manager.

The next day he handed her the invitation to the disciplinary hearing, which he had arranged to chair himself.

Once that hearing had started the manager provided Frankie with evidence he claimed was confidential, so she could not have copies of it, and it was at that point she became upset and the meeting had to be adjourned.

Our representative felt there were sufficient grounds for Frankie to raise a grievance prior to the disciplinary hearing being reconvened.

The grievance was submitted on grounds that included bullying and intimidation by the manager and that Frankie was being put through an unfair disciplinary process.

Frankie was asked by our representative prior to the grievance hearing what her desired outcome was. She wanted her manager to be dealt with and to be able to transfer to a different office.

At the grievance hearing our representative presented the evidence to support that Frankie had been treated unfairly, and to back the assertion the disciplinary process should be reviewed and stopped.

He maintained that giving the previous grievance for bullying and harassment to the manager it was against for him to deal with, was highly inappropriate, grossly unfair and it merely empowered him to believe he could treat Frankie however he wanted without fear or consequence.

Our representative said this was evident in him taking charge of the entire  disciplinary process and putting himself in a position to dismiss Frankie when he would have known there was a clear and obvious conflict of interests in him doing so.

The fact the disciplinary process breached the ACAS Code guidance in failing to provide evidence prior to the disciplinary hearing and that there was no credible evidence of any previous or current performance concerns ever being raised with Frankie, informally or formally, was detailed in a comprehensive presentation to argue she was being treated unfairly and the disciplinary process should be stopped.

The grievance hearing chair asked Frankie about her desired outcome.

A couple of weeks after the grievance hearing she was informed the disciplinary process would be discontinued and her transfer to her chosen location had been agreed.

Frankie remained in touch with colleagues in her old office and learnt that her former manager had left unexpectedly following her grievance.

There were rumours, never officially confirmed, it was because of his treatment of Frankie and another member of staff.

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It is not unusual for callers to our helpline to be upset, shocked and bewildered to be accused of performing poorly at work, with the allegation coming out of the blue.

Desperate Frankie was one such caller when she contacted our Employee Support Centre for help.

The recruitment manager had only ever received positive feedback for her work, so was stunned to be invited to a disciplinary hearing to face an allegation of poor performance.

The notification to attend the hearing warned dismissal was a potential outcome.

But as with many contentious work-related issues, there was some history which helped to make the matter a lot clearer.

When Frankie, who had been in her role for three years, first spoke to our representative it was after she had attended the disciplinary hearing and it had to be adjourned.

The meeting was stopped and later rearranged when Frankie was presented with evidence at the hearing said to show her poor performance, and she broke down in tears due to how she was being treated.

Our representative discussed the case with Frankie and asked her a range a questions to obtain information about it and the background.

It emerged Frankie had previously raised a grievance for bullying and harassment against the male manager conducting the disciplinary process.

That grievance was handed to the same manager for him to deal with it. He arranged a meeting with Frankie, spoke to her about the grievance, dismissed her claims and said it was the end of the matter.

The disciplinary case Frankie was facing followed a work-related disagreement with that same manager.

The next day he handed her the invitation to the disciplinary hearing, which he had arranged to chair himself.

Once that hearing had started the manager provided Frankie with evidence he claimed was confidential, so she could not have copies of it, and it was at that point she became upset and the meeting had to be adjourned.

Our representative felt there were sufficient grounds for Frankie to raise a grievance prior to the disciplinary hearing being reconvened.

The grievance was submitted on grounds that included bullying and intimidation by the manager and that Frankie was being put through an unfair disciplinary process.

Frankie was asked by our representative prior to the grievance hearing what her desired outcome was. She wanted her manager to be dealt with and to be able to transfer to a different office.

At the grievance hearing our representative presented the evidence to support that Frankie had been treated unfairly, and to back the assertion the disciplinary process should be reviewed and stopped.

He maintained that giving the previous grievance for bullying and harassment to the manager it was against for him to deal with, was highly inappropriate, grossly unfair and it merely empowered him to believe he could treat Frankie however he wanted without fear or consequence.

Our representative said this was evident in him taking charge of the entire  disciplinary process and putting himself in a position to dismiss Frankie when he would have known there was a clear and obvious conflict of interests in him doing so.

The fact the disciplinary process breached the ACAS Code guidance in failing to provide evidence prior to the disciplinary hearing and that there was no credible evidence of any previous or current performance concerns ever being raised with Frankie, informally or formally, was detailed in a comprehensive presentation to argue she was being treated unfairly and the disciplinary process should be stopped.

The grievance hearing chair asked Frankie about her desired outcome.

A couple of weeks after the grievance hearing she was informed the disciplinary process would be discontinued and her transfer to her chosen location had been agreed.

Frankie remained in touch with colleagues in her old office and learnt that her former manager had left unexpectedly following her grievance.

There were rumours, never officially confirmed, it was because of his treatment of Frankie and another member of staff.

.