# Giving a statement against a colleague in a disciplinary investigation



## Thora (Jun 9, 2012)

A colleague on my team has been suspended while an investigation is carried out, and as I understand it the big boss is keen to sack them.  The disciplinary issues are about their conduct (inappropriate language basically) towards another staff member (me) and infront of/about service users - three incidents in total but in one day.

I've already told my line manager what happened, but I am going to be asked next week to give a formal statement - my line manager has said this is voluntary though.  I am torn as I know my colleague is having a tough time personally at the moment and was obviously having a very bad day, and I don't want to see them sacked.  On the other hand their behaviour was really inappropriate and could have a very negative impact on a vulnerable service user.  To be honest I don't want to work with them again.

I guess my question is, what would others do in this situation?


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## Mrs Magpie (Jun 9, 2012)

Thora said:


> I am torn as I know my colleague is having a tough time personally at the moment and was obviously having a very bad day, and I don't want to see them sacked. On the other hand *their behaviour was really inappropriate and could have a very negative impact on a vulnerable service user. To be honest I don't want to work with them again.*


The bolded bit trumps the rest.


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## renegadechicken (Jun 9, 2012)

I've been in a similar situation to you and know how difficult a dilemma it is. The one i was involved with was inappropriate comments from a member of staff to another member of staff, i only heard one comment at the Christmas do but it appears it had been going on for about a year I just gave my statement regarding exactly what i heard and the responses i didn't embellish or minimise. She ultimately did end up getting sacked however i was informed after the fact that she had three previous  differing levels of warning( Supervisory, Management advice and guidance, first formal verbal warning) regarding similar incidents with other younger female staff members prior to this.


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## Miss-Shelf (Jun 9, 2012)

Also you can report the facts as you see them
its in other peoples hands what the outcome is
do you think this person is incapable of working with the client group appropriately? ultimately their needs trump your colleages need for a job

acas helpline can offer a safe free space to talk it over


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## dessiato (Jun 9, 2012)

No matter how bad a time someone is having they should try to behave professionally. I know that sometimes things are too much, and people will behave very badly. In this case though the overriding issue is the impact that this behaviour would have on another vulnerable person, as Mrs M said this is the most important consideration. 

What I would do is to make the statement in a manner that shows some level of empathy for the person under investigation. I would also make it clear that you didn't want the person sacked but put on a suspended dismissal or final warning. I would, without any doubt, make the statement.


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## Mrs Magpie (Jun 9, 2012)

dessiato said:


> In this case though the overriding issue is the impact that this behaviour would have on another vulnerable person, as Mrs M said this is the most important consideration.


Swiftly followed by the impact on co-workers. If Thora doesn't want to work with them again, that's not a result of her behaviour, but of theirs.


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## Thora (Jun 9, 2012)

Miss-Shelf said:


> Also you can report the facts as you see them
> its in other peoples hands what the outcome is
> do you think this person is incapable of working with the client group appropriately? ultimately their needs trump your colleages need for a job
> 
> acas helpline can offer a safe free space to talk it over


The comment made revealed a personal bigotry against a particular client group, which does make me wonder if you can work well with people while feeling very judgemental towards them?  I have always thought they did their job competently up til now though.


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## Thora (Jun 9, 2012)

Apparently one of the other people on my team has decided not to give a statement as she lives a few doors away from the colleague and is worried about upsetting them


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## Treacle Toes (Jun 9, 2012)

Thora said:


> The comment made revealed a personal bigotry against a particular client group, which does make me wonder if you can work well with people while feeling very judgemental towards them? * I have always thought they did their job competently up til now though.*


 
You can add that to your statement. Be honest on all fronts. You are not and will not be responsible for them losing their job.


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## quimcunx (Jun 9, 2012)

Miss-Shelf said:


> Also you can report the facts as you see them
> its in other peoples hands what the outcome is
> do you think this person is incapable of working with the client group appropriately? ultimately their needs trump your colleages need for a job
> 
> acas helpline can offer a safe free space to talk it over


 
This. What happened happened.  You can state your good opinion of her too.


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## zippyRN (Jun 14, 2012)

stick solely to the facts , don't offer an opinion .   take a union rep / 'next friend' .


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## Wilf (Jun 20, 2012)

What do you think are the motivations of the boss - trying to resolve the sistuation and get the person some support, or just wanting to sack them? Sounds like the latter, so I wouldn't go along with it to be honest (unless what they'd done was so awful or endangering that you've no choice). You're in a difficult situation, bu helping somebody get fired ain't the way to go. Entirely different matter if it was some informal discussion with a genuinely helpful team leader/immediate boss etc.

Edit - sorry, just re-read what you posted and that the behaviour was aimed at you personally.  Even so, I'd still just about stick with what I said.


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## Thora (Jun 20, 2012)

I have given the statement now - felt a bit bamboozled into it tbh as the boss apparently had to give me 5 days notice but kind of guilted me into doing it there and then by saying she would be away and then the whole thing would drag on and on, colleague still suspended etc.  Also felt a bit like she kept trying to trap me into saying things I didn't really want to and I had to correct a few things she said


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## TopCat (Jun 20, 2012)

What did the co worker say to you?


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## Schmetterling (Jun 21, 2012)

Thora said:


> I have given the statement now - felt a bit bamboozled into it tbh as the boss apparently *had to give me 5 days notice but kind of guilted me into doing it there and then* by saying she would be away and then the whole thing would drag on and on, colleague still suspended etc. Also felt a bit like she kept trying to trap me into saying things I didn't really want to and I had to correct a few things she said


 
Your boss/the company has therefore not followed procedure.  Think whether, if your co-worker does get dismissed, you want to make him/her aware of this.


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## Sasaferrato (Jun 23, 2012)

Mrs Magpie said:


> The bolded bit trumps the rest.


 
No, it doesn't. It demonstrates that the OP cannot behave in a professional manner. I've worked with some truly odious bastards over the years, although I detested them, neither they, nor anyone else would have known it. On the odd occasion where I've been involved in a situation like this, I've told the person that their conduct was not acceptable, and it stops now. Never given a statement, and certainly would not be bullied into giving one, and being complicit in misrepresentation of the facts as the OP has.


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## Miss-Shelf (Jun 23, 2012)

I dont think the op was making a statement in order to make her own complaint

i read it as her boss is investigating a workers conduct and the op was a witness


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## Thora (Jun 23, 2012)

How have I behaved in an unprofessional manner


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## Termite Man (Jun 23, 2012)

Sasaferrato said:


> No, it doesn't. It demonstrates that the OP cannot behave in a professional manner. I've worked with some truly odious bastards over the years, although I detested them, neither they, nor anyone else would have known it. On the odd occasion where I've been involved in a situation like this, I've told the person that their conduct was not acceptable, and it stops now. Never given a statement, and certainly would not be bullied into giving one, and being complicit in misrepresentation of the facts as the OP has.


 
yet your willing to misrepresent the facts from this thread in order to have a dig at someone?


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## toggle (Jun 23, 2012)

Sasaferrato said:


> No, it doesn't. It demonstrates that the OP cannot behave in a professional manner. I've worked with some truly odious bastards over the years, although I detested them, neither they, nor anyone else would have known it. On the odd occasion where I've been involved in a situation like this, I've told the person that their conduct was not acceptable, and it stops now. Never given a statement, and certainly would not be bullied into giving one, and being complicit in misrepresentation of the facts as the OP has.


 

how in the hell do you get to this point from the info given?


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## Thora (Jun 26, 2012)

The conclusion of this whole sorry affair is - my colleague has resigned.


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## lighterthief (Jun 26, 2012)

What did s/he say to you in the first place?!


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## Corax (Jun 26, 2012)

Given the 'tough personal time' you mentioned I was hoping your organisation might offer some support (counselling etc) instead of disciplinary action.  Hope they find their feet quickly.


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## Miss-Shelf (Jun 26, 2012)

hope you're ok Thora - sad for colleague and for you
maybe it was too much for colleague and they've made the right decision


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