tarmac terror

iTrader: (2)

There are two people who work in the same organisation as me, one is the others boss.

The more junior of the two individuals has made a complaint against his boss, claiming that he had taken a financial incentive from a company to award them a contract for there services. There are other claims also that he was being bullied by his boss etc etc.

The company who the accusation has been made against have appointed their solicitors to act on their behalf and the more senior employee is currently suspended while a criminal and internal investigation is carried out.

I know this has taken a severe toll on the health and well being of the more senior of the two individuals; I also know that the investigation is nearing its end point, and it looks as though the more senior individual will be cleared of any wrong doing.

Now my question is this; there has been reputational damage caused to both my organisation and the supplier, and the good business relationship that we enjoyed has undoubtedly been destabilised. The individual the accusations were made against, has had to endure the unpleasantness of the investigative processes, and will have to deal with the rumour mill on his return. Can the individual who made the claims, continue to remain in his current employment. He has been marginalised by his peers, he had very few allies to begin with, but everyone is very wary of having any dealings with him, I doubt he will resign, is he likely to face any charges or due process for his actions?

Midlife......

iTrader: (2)

Vexatious litigation (making false claims) is a minefield and I doubt if any legal action could be brought.

His actions could be considered "whistle blowing". 1 in 5 NHS whistle blowers are sacked immediately for gross misconduct as an internal disciplinary action.

Shaun

jonc

If the complainant had genuine concerns regarding bribery, then he was legally obligated to report this. There are laws to protect whistleblowers, so he should not face charges unless there are other mitigating circumstances. The company also ensure that work conditions will not have changed as a result of whistleblowing otherwise it if his position is made untenable that could be deem unfair or constructive dismissal.

tarmac terror

iTrader: (2)

Thanks guys - looks like one of those things where the moral outcome doen't sit easily alongside the legal position.

It will be an interesting dynamic to observe when the situation has been resolved.

dnc

As a neutral it will be very interesting to see how this develops. I would have thought that if the whistle blower's claims were shown to be malicious (nigh on impossible to prove I imagine) with, for example, a promotion to other person's role being the aim then that could be construed as gross misconduct under most organisations disciplinary procedures (fraudulent activity). Surely the first person must have presented some substantial evidence to back up their claim and this will have been investigated?

If the boss is innocent then I feel very sorry for him. I would find it difficult to work with my accuser in this circumstance, but I guess you have to be professional and get on with it. Can just imagine future promotion opportunities whereby the accuser gets overlooked and then blames boss for holding a grudge. Must be able to move sideways (either of them) to avoid this kind of thing?