Unfair bullying allegations against clothing boss

Many supervisors will tell you they strike the right balance between being firm and fair, so being accused of bullying and dishonesty can be deeply distressing.

Josie found herself in this position and facing a desperate fight to save her job after eight years as a supervisor for a clothing manufacturer.

She was distraught when she contacted our Employee Support Centre, just hours after being informed of the allegations against her.

It was alleged that Josie had bullied a female member of her team and had been deliberately dishonest in her assessment of the employee’s performance.

Josie, who insisted she was firm but fair, was suspended from work by a company director and warned that the allegations were so serious she could face dismissal.

Shocked by what she had been told, Josie considered resigning on the spot rather than risk being dismissed, but ultimately thought better of it.

This was because Josie knew exactly where to turn for the right support.

She had previously been assisted by one of our trade union representatives, who helped her challenge an unfair redundancy process she was subjected to by her former employer.

When Josie first spoke to our trade union representative, she had not yet undergone the disciplinary investigation process or received an invitation to a disciplinary hearing.

Our trade union representative contacted the employer on Josie’s behalf to enquire about the status of the process.

He was assured that Josie would be updated within 48 hours, which she was, receiving an invitation to a formal disciplinary hearing.

The ACAS Code of Practice requires employers to provide employees with any evidence supporting an allegation.

Josie was simply given what was described as an investigation report, which summarised the complaint against her and witness evidence.

Understandably Josie, although she denied any wrongdoing, was worried, but our trade union representative assured her that he would do everything he could to support her and ensure she was treated fairly.

Firstly, he wrote to the employer requesting a copy of the complaint and full witness statements stressing the obligation on the company to provide such information.

The employer initially refused to supply the requested information, suggesting it was confidential.

This was rubbished and successfully challenged by our trade union representative and the requested evidence was eventually provided.

This presented an opportunity for our trade union representative to go through and discuss the evidence with Josie and plan the best way to respond to it and prepare her case.

The employee’s input is always vital at this stage. Josie was able to provide our trade union representative with information and details, which he could use in presenting her case.

Josie explained that the employee making the complaint was fairly new and she had limited interactions with her.

The complaint simply said she had felt bullied by the way in which Josie speaks to her, but there were no specific details about what was allegedly said.

Crucially Josie did not assess the employee’s performance and had instead only provided negative feedback included in the assessment, which she was able to evidence was accurate. The part of the performance assessment said to be untrue had actually been completed by someone else.

Our trade union representative documented this and other significant points in a prepared statement of case, which was shared with Josie ahead of the disciplinary hearing.

At the disciplinary hearing, the comprehensive document was used to present Josie’s case and detail all of the evidence to refute the allegations.

The company director hearing the case asked Josie a number of questions that she was able to answer, with support from our trade union representative emphasising key points.

After the hearing, Josie had to wait a few days before receiving a letter informing her she had been cleared of the allegations.