Is There Such A Thing As "double Jeopardy" In Workplace Disciplinary

[EverClean]

I am facing a disciplinary at work this week, and the charge is one that had been brought to the management team's attention some time ago. The manager in question looked at the alleged offence and decided that it wasn't even necessary to speak to me about it. Now, several months later, another team member has brought it to the attention of a new manager, who has decided to discipline me for it.

I know that the original manager deemed it not worthy of further attention from a tip-off and viewed the matter as dealt with and closed.

Is there a legal/procedural issue with this now being dealt with for a 2nd time, with a different outcome (1st time no action, 2nd time disciplinary hearing)

The matter is defacing a company advertising poster, which didn't happen and they have no proof for.

[joko]

yes woofgang ... thats kind of what i said ... there has not been a trial and this is not law, so not sure what they would think there was a case for something similar to 'double jeopardy'

[thugulike]

If the matter has been investigated and it was found that there was no case to answer then to resurrect the matter again is victimisation and you should ask to see the grievance policy. Read the policy carefully and consider taking out a grievance against this manager.

[woofgang]

thugulike......its not known that the matter was investigated properly.....or indeed at all.

[EverClean]

The "double jeopardy" wording was used by me to illustrate the point, and I know it's not exactly the same, and this isn't law. However the company's disciplinary policy states that actions must be fair (as in a similar offence made by different people in different parts of the company would have similar outcomes) by which I understand that the same offence made by the same person, but looked at through different pairs of eyes must have similar outcomes also?

[EverClean]

I've also had the disciplinary hearing (on Tuesday) and, after 4 hours of my evidence against their version of the facts it was decided that the disciplining manager couldn't make a decision, as there wasn't sufficient investigation carried out (every part of this was one word against another - as in 1 fellow employees word against mine)

They have now decided to give the "case" back to the investigating manager to investigate again/further.

Now I have seen their "evidence" I can't see how this matter can ever be resolved, unless they decide to take one word against another. In that case I suspect it will fizzle out as unproven and we will move on.

It has become obvious from the documents handed to me to prepare for my hearing that my line manager decided I was guilty and gather anecdotal evidence of me "twisting about colleagues, thinking I am the boss sometimes and this being a sign of poor teamwork" to strengthen her case that I am up to no good. However, all of this was anecdotal, one word against another and had no bearing on the original incident that she was required to investigate. I think this will inevitably lead to a victimisation complaint from me, because I have been hung out to dry. This stemmed from a complaint made by a colleague on 15th April from an alleged incident in January and it still hasn't been resolved. Line 1 of the company's policy says that any "action should be quick."

Rant over.

Thanks again to everyone for contributions and support.

I will post any updates or outcomes on here for anyone that is interested.

[EverClean]

Thanks to all for contributions and sorry it's been a while with the update. Late last week I was called to the office to have it explained to me that there was no foundation for any of the accusations and that there would be no further action taken. All in all, it took almost 3 weeks from first being called into the office to being "cleared." I am now calling a grievance against my manager and writing to HR to let them know how a 3-week process makes their alleged "misconducters" feel.

Thanks to everyone on AB for their support and guidance. It made a painful process more bearable and convinced me that I was in the right.

[murraymints]

Good news...but I'd draw a line under it now and move on..by submitting a formal grievance you'll only drag ill feeling out..write a letter of complaint but then move on !