Employer re-investigating an old complaint with disciplinary proedure.

Question

A colleague was accused of a minor assault on a client despite having 2 witnessess that this was not the case. The colleague immediately informed his line manager and the manager investigated and took advice from their manager. Nothing was resolved and no action was taken.

Now a different manager has decided to re-investigate the same incident as a fresh complaint and has suspended my colleague pending an investigation for gross misconduct.

My thoughts are that if this incident has been investigated and no action taken, even if the investigation was flawed, is it OK for this to be re-examined months later. Surely the fault of not invstigating properly lies with the employers and not the employee who complied with all the policies.

Answer 1

If your so upset......quit........someone would love to have your job.......

Answer 2

An employers investigation is just that, not a trial in a court of Law where once dismissed it is not normally reopened.

For a new manager to re-open the matter he/she obviously considers the original investigation flawed and is worried about the potential for the [alleged] incident being repeated.  

I have to say though, that i have never heard of this happening before and as the [alleged] incident happened months before memories of it will be getting hazy or influenced by the 'accused's' subsequent conduct.  For that reason alone I personally would be very wary about re-opening it. I rather feel that the manager is treading on thin ice here.

  

Answer 3

If you are in the UK tell your colleague to phone ACAS

Answer 4

This is not a criminal investigation. I wonder how much pressure the new manager is under from that client. If I was you I would stay clear but advise your friened to get in touch with his union or ACAS. An assualt can become a criminal investigation and their is no time limit for that in UK. In any event I think the new manager is treading on very thin  ice. I would like to know is their any previous incident causeing bad blood between to two.

Answer 5

www.acas.co.uk. If it wasn't done at the time it cant be done months later.