Hi
Please could I get some opinions concerning a dismissal appeal hearing that I have next week?
My employers dismissed me back in February on the grounds of a harassment charge made by my ex-girlfriend who also works for the same company. The harassment was based on sending a large volume of emails, mainly due to the fact that it was apparent that she had left me for for someone else in the company who was also a friend, and then tried to cover the whole thing up to protect her reputation.
As the investigation took place, it became apparent (and I have since proved) that the company weren't following correct policy or process. The company's misconduct policy specifically states that if bullying or harassment is involved then the bullying and harassment policy must be followed too.
My contract (and therefore my ex-girlfriends contract) also stipulates that any bullying or harassment complaints are submitted in accordance with this policy. Yet this policy and process were never followed. I was never informed of the investigation beginning, never invited to make a statement and never given a copy of the complaint.
During the whole time that the harassment had been alleged to have taken place and during the investigation, I had been suffering from (and was later diagnosed as suffering from) a mental health condition known as an adjustment disorder. I had actually started feeling suicidal and informed my employers of this in writing on three occasions but they took no notice.
I unfortunately got to the point last November where I did actually attempt suicide as a result of this. After failing with a painkiller overdose, I woke up the next morning and tried to cut my wrists down by the river. A police search ensued and on their instructions, my mother rang my employers to inform them. The HR person who answered the phone was also the person investigating the case. When my mother informed them that I was missing having made two attempts to kill myself and that my condition was unknown and that there was an active police search to find me, she was given the following reply “Oh, I thought he might do something like that, I guess I'll have to postpone everything.”
That was on a Friday morning and despite confirming my mother's contact details as next of kin, no-one ever rang back to check if I had been found. My mother, in shock at the phone call obviously never rang back either.
Luckily, I was found ok and after a stay in hospital was released the next day. My sister who had left her workplace on the Friday upon hearing the news was given an additional week of compassionate leave to look after me. During that week, her Director of HR rang every day to check how the two of us where doing.
My employers however, never rang once. In fact, the first contact I had was my Union Rep emailing me on Wednesday morning asking for permission to see the evidence in advance of the arranged hearing. I wasn't even aware that a hearing had been arranged. It later transpired that my Union Rep was asked to email me by the HR person. Rather than contact me or my next of kin directly to check if I was ok, they used the Union Rep to do their dirty work for them.
Later that day, my sister emailed a letter to the Head of Personnel explaining what had happened and asking questions regarding duty of care and why no one had picked up on it. The reply we received failed to answer any of the questions and instead stated that a letter was in the post containing details of the hearing and also a copy of the evidence.
I had a meeting with my psychiatrist the next day (Thursday) who was appalled that considering that I had just tried to kill myself because of the investigation, sending me the paperwork so soon could potentially trigger a relapse. When the paperwork arrived the next day it turns out the the letter was dated from the Monday. My employers had written the charge letter and arranged the hearing without first checking if I was even alive!!!
My GP agreed with the psychiatrist that I was in no fit state to defend myself at a hearing two weeks after attempting suicide and so issued me with a month long sick note.
My employers reluctantly accepted this (without ever asking if I was ok) and said that the hearing would be rearranged for after Christmas. I told them that I would keep them updated as to my progress.
Three weeks later, still without any contact from my employers regarding my wellbeing, I received a letter informing me of my new hearing date. When I informed them that it clashed with one of my treatment sessions, the HR person refused to accept it.
Only then, after I emailed the Head of Personnel and explained that my recovery had to be a priority in order to avoid danger of relapse, was my wellbeing actually considered. Five weeks after being informed that I had tried to commit suicide, my employers finally referred me to Occupational Health.
Neither myself, nor my family (who have suffered greatly as a result of this) have ever been given an explanation or apology of why my employers took no action.
In my view, this surely counts as gross negligence of duty of care. The fact that during the investigation, no-one ever enquired as to my wellbeing, despite me informing them three times of feeling suicidal is appalling. The manner in which the HR person spoke to my mother on the phone and subsequently arranged everything without knowing if I was still alive is shocking.
What are your views on this? I have written evidence of all of this and will be presenting it at the appeal hearing along with a formal complaint.
I have also proved that my employers broke the Data Protection Act on four occasions and have been in discussion with the Information commissioners Office regarding this.
The Head of Personnel also made false accusations against me in the dismissal letter. They claimed that I had not declared a previous depressive episode on my application form. I later found that they would not have had access to this without my written permission as medical records are confidential. When I requested a copy for myself, it turns out that I had declared it and not only that, I got my GP records and proved that three days before submitting the declaration form, I visited my GP to ask how to declare it (in terms of severity).
The dismissal letter also shows that the Head of Personnel failed to accept my medical diagnosis as mitigating evidence, despite an adjustment disorder being known to substantially affect self control, allow a person to be aware of their actions and exercise rational judgement.
I believe that everything that happened was a result of my deteriorating mental health and that I have subsequently been punished for it. Which is surely discrimination?
I also have an issue with the fact that the Head of Personnel was the decision maker in the hearing. According to the misconduct policy, at the hearing, the investigation manager should present the investigation report to the decision manager who will then question the respondent and then make a decision based on it all. In my case, there was no investigation report (as apparently one was not deemed necessary, despite being a key part of the process) and the decision maker and independent witness had already studied the whole investigation beforehand.
Does that sound correct and fair to you? I believe in most organisations, the Head of HR acts a subject matter expert, providing guidance and advice to the people who have been designated the roles of investigation and decision manager. This leaves the HR team free to ensure the welfare of the respondent without comprising the impartiality of the investigation.
However, my employer's Head of Personnel isn't an HR professional, in fact no-one in the company holds any CIPD qualifications. The Head of Personnel is someone doing a two year staff job and has no relevant experience. I must point out that whilst I work for the government, I am not military and am subject to standard civil servant guidelines.
Personally, I feel that my dismissal should be overturned by taking the mitigating evidence into account. If my employers no longer think that it is suitable for me to work for them, then I should be dismissed for other reasons and notice paid. Is that reasonable?
Finally, I have been made to wait two and half months for my appeal hearing as the relevant people weren't available until now. Does that sound acceptable to you?
I believe that the entire HR team working on the case should be investigated for various accounts of gross misconduct and replaced by people who are suitably qualified and experienced to do the job.
Anyhow, thanks if you've read this far, I would really appreciate some comments and views that I could use to help me at my appeal.
