Rights at a disciplinary hearing

Blitzer

New Member
Messages
8
Can my employer take 12 months after an investigation final report to call me to a disciplinary hearing where I can be immediately sacked.
To note it was a dignity at work investigating and none of the bullying allegations were up held, but as I made a complaint about the investigator they claimed I had a retaliatory personality disorder and this was a very serious matter for my employer to consider.
 

Peanuts20

Registered User
Messages
141
Normally instant dismissal would only apply in cases of gross misconduct. That could include theft, assault, endangering lives etc. Without more detail of the issue here however I'm not sure anyone can give a clear answer
 

Purple

Frequent Poster
Messages
9,434
I made a complaint about the investigator they claimed I had a retaliatory personality disorder
That sounds very strange. What process did they put you through with mental health professionals in order to come to that clinical diagnosis?
I've heard of paranoid personality disorder but that's a new one to me.
 

kingvagabond

Frequent Poster
Messages
71
I've heard of different personality disorders but not that one. I agree with Purple was there an official assessment and it does sound very odd? Obviously someone will 'retaliate' by objecting to allegations and claims if they feel that they have not done something wrong. Also, are you in a union? If so then call them for advice. If not, then perhaps you should consider joining one if you are to stay in that Co. If you are not in a union then I would suggest you getting the advice from a solicitor that deals only with employment law before going near a disciplinary meeting.
 

Blitzer

New Member
Messages
8
Hi and thanks for replies
No there was no assessment by the investigator. She is an ex union official turned private investor. I was with SIPTU but found them to be useless.
I've contacted a solicitor and am meeting them today. Their initial response is why has it taken 12 months to call a disciplinary hearing and what medical training has the investigator as she's way off the mark making allegations about me having a personality disorder.

I'll keep thréad updated

Thanks again
 

Leper

Frequent Poster
Messages
1,066
I realise you cannot supply full information. Were you sacked or are you about to be sacked? You've employed a solicitor; what in entirety do you hope to gain?
 

Blitzer

New Member
Messages
8
Perhaps Blitzer is looking for a bit of support and a bit of clarity as to what is going on?
Yes... I am hoping to protect my reputation and my livelihood as a father to two young children.
During this protracted process I was forced to make a protected disclosure to the media. This forced a separate external review that found my employer breached its own code of conduct and its statutory responsibility.
I'm a public sector employee. Yet I'm now the only person being called to a disciplinary hearing some 7 months after the findings against my employer in the external review report.
That's why I have to go down the legal route.
I believe we as a country need to look at how whistleblowers are treated
Two of my disclosures were reported in a Sunday newspaper.
 

kingvagabond

Frequent Poster
Messages
71
Blitzer I would weigh up everything and even would not rule out looking elsewhere for employment (if you are young and not nearing pension age that is) if possible or a transfer especially if you have to continue working with people who are involved in the dispute. You have to weigh up the toil this can take on your overall health/marriage - whole life. It can seep into every aspect of your life. Yes going through with the process may be fruitful and you may or may not get a result. From a chess move point of view considering a job move may be the quickest, cheapest (unless you have free legal support via your job) less stressful solution. Start shopping around (just to keep your options open) so you don't feel so engulfed by all of this. You may never decide to make a job move however it may just give you a few options.
 

Blitzer

New Member
Messages
8
I am no expert on this, but is it normal that protected disclosures are made to the media
I made one to Minister for Health in the first instance but it was ignored so I went to the media this forced action and an external expert was commissioned by the HSE, the report was damming for my employer. But once attention died down the came after me.
 

cmalone

Frequent Poster
Messages
321
While we don’t have full facts here - it appears the ‘disclosure’ was nothing exceptional that rocked the nation. Every organisation has faults and how they rank in the scheme of things varies - for example an organisation might have a data breach or procurement issue but this is just a small slap on the wrist compared to some health and safety issue ...

Technically you appear to have been correct with your disclosure - but you might have used better judgement in your approach (on reflection at this stage).

unfortunately a lot of disclosures are not actually important or significant - but are related to some misjudged attempt to victimise or demonise a colleague or manager one has ‘fallen out with ‘ or one has a disagreement. We are all human - I fully understand we don’t see eye to eye all the time.

there are so many informal and formal channels available- including unions etc -

notwithstanding that we can’t know the full particulars of your case here - it might be time to reflect / let go - and move on. Learn from the experience. Most organisations are bigger than any of us, despite how important one might feel their role is. Look what happens when we get sick or die - someone new comes to our role and life goes on

family first always - work and career are second - in my humble view. And especially during the current world health crisis.
 

Blitzer

New Member
Messages
8
Blitzer I would weigh up everything and even would not rule out looking elsewhere for employment (if you are young and not nearing pension age that is) if possible or a transfer especially if you have to continue working with people who are involved in the dispute. You have to weigh up the toil this can take on your overall health/marriage - whole life. It can seep into every aspect of your life. Yes going through with the process may be fruitful and you may or may not get a result. From a chess move point of view considering a job move may be the quickest, cheapest (unless you have free legal support via your job) less stressful solution. Start shopping around (just to keep your options open) so you don't feel so engulfed by all of this. You may never decide to make a job move however it may just give you a few options.
I hear what you're saying however as I work at a certain level there are few posts in my field. A simple Google search of my name and current employer would bring up my disclosures to the media. While a potential employer my empathise with me they'd be reluctant to take on a whistler blower. I had no choice to make a disclosure as the issues were too serious to ignore and have resulted in significantly recommendations being forced on my employer, a large religious order.
My legal representatives have now threatened my employer with a high Court injunction as the see this as harassment for the actions I've taken. This has consumed 5 years of my life, but I have to protect my ability to provide for my family.
 

cmalone

Frequent Poster
Messages
321
I am on your side - one can sense your pain and the genuineness of your complaint. Unfortunately - such matters can ‘consume’ us - we are only human after all. Look after yourself and your well-being. Move on. It appears what you did had some effect in changing / improving the world for the organisation / clients therein.

However , the organisation will fight you - tie you up in paperwork. Solicitors and other professionals love a complicated mess like this - and often the best advice is not forthcoming.
 

Blitzer

New Member
Messages
8
While we don’t have full facts here - it appears the ‘disclosure’ was nothing exceptional that rocked the nation. Every organisation has faults and how they rank in the scheme of things varies - for example an organisation might have a data breach or procurement issue but this is just a small slap on the wrist compared to some health and safety issue ...

Technically you appear to have been correct with your disclosure - but you might have used better judgement in your approach (on reflection at this stage).

unfortunately a lot of disclosures are not actually important or significant - but are related to some misjudged attempt to victimise or demonise a colleague or manager one has ‘fallen out with ‘ or one has a disagreement. We are all human - I fully understand we don’t see eye to eye all the time.

there are so many informal and formal channels available- including unions etc -

notwithstanding that we can’t know the full particulars of your case here - it might be time to reflect / let go - and move on. Learn from the experience. Most organisations are bigger than any of us, despite how important one might feel their role is. Look what happens when we get sick or die - someone new comes to our role and life goes on

family first always - work and career are second - in my humble view. And especially during the current world health crisis.
My disclosures were important as they relate to the protection and safeguarding of vulnerable children.

From my experience of 20 years in healthcare management 12 of those in the UK, what goes on in this country is beyond belief. If you're interested pm me and I can send you the articles, they're in the public domain anyway having been published in a Sunday newspaper
 

cmalone

Frequent Poster
Messages
321
sorry if I sound a bit insensitive - I am just concerned for your personal wellbeing.

I do not take from the Importance of what you discovered and had to report.
 

Blitzer

New Member
Messages
8
I am on your side - one can sense your pain and the genuineness of your complaint. Unfortunately - such matters can ‘consume’ us - we are only human after all. Look after yourself and your well-being. Move on. It appears what you did had some effect in changing / improving the world for the organisation / clients therein.

However , the organisation will fight you - tie you up in paperwork. Solicitors and other professionals love a complicated mess like this - and often the best advice is not forthcoming.
Thanks for your words of support and hear where you're coming from. Unfortunately I was faced with a decision keeping my head down and saying nothing or standing up for the people I service. I'm fortunate to have the full support of my family and friends. And yes this organisation is going to fight to the end, but as I chose a caring profession I feel duty bound to see this through. If other people in my organisation see me forced out what hope is there.
Thanks again
 

kingvagabond

Frequent Poster
Messages
71
Blitzer, always remember you have a choice and if it does begin to take over your life and you've had enough you could exit easily. Life is too short and you should try to enjoy it. Weigh everything up and perhaps there may be other options that aren't clear to you right now but may become apparent as time ticks on. I understand you wanting justice but at what cost will it come? Best of luck with whatever path you choose.
 

Blitzer

New Member
Messages
8
Blitzer, always remember you have a choice and if it does begin to take over your life and you've had enough you could exit easily. Life is too short and you should try to enjoy it. Weigh everything up and perhaps there may be other options that aren't clear to you right now but may become apparent as time ticks on. I understand you wanting justice but at what cost will it come? Best of luck with whatever path you choose.
Thanks very much, to be honest I decided to start looking at other jobs might take a while but I have to consider my young kids and the time this is taking me away from them.
 
Top