Being confronted with a work performance allegation can be upsetting and stressful but the union is here to advise and support you.
If you are facing a work performance allegation, our first and foremost piece of advice is: contact your union as soon as you can. For extra support, you may want to access your workplace’s employee assistance program (EAP) if there is one on offer.
When there is a sound policy in place and the employer applies best practice to work performance allegations, the following process should occur.
The employer should advise the employee of the allegations against them in writing.
The employer requests that the employee attend a meeting during which they are expected to respond to the allegations. The employer advises the employee they can have a support person present at the meeting.
If your employer offers you the opportunity to have a support person present, we strongly recommend you bring one with you. Depending upon the nature of the allegation, your IEU organiser may be able to attend. Call or email to discuss their availability and schedule a mutually agreed time. Advise your employer that the IEU will attend as your union representative.
The employee may choose to respond in writing before or after the meeting. We usually advise you to do this and we can help you with it.
Ensure you’re prepared for the meeting by compiling your notes, writing a timeline of events and collecting any relevant documents (policies, email correspondence etc).
You will need to keep the nature of the allegations confidential and refrain from talking to your colleagues about the relevant incident(s).
The employer will investigate the allegations. This investigation should include following up on the employee’s responses at the meeting and in any written response provided. For example, if an employee states that person X was a witness to what occurred, the employer should interview person X about the incident.
After the investigation has concluded, the employer will advise you of whether the allegations were substantiated, partially substantiated or not substantiated.
The employee may wish to respond to the employer’s conclusion regarding allegations that are substantiated in a further meeting and/or in writing.
After fully considering all matters, if the allegations are still found to be substantiated or partially substantiated, the employer will decide on further actions to be taken. Such actions may include placing the employee on a performance improvement plan and/or issuing a written warning; or, if the allegations are significant, a termination of employment.
The employer should clearly set out the outcome of the investigation process and the reasons for any actions they intend to take.
Remember, the union is here to help and support you. If you are facing this process, call or email your organiser, or call us on 8202 8900 and ask for the duty officer.