Hi, apologies for first post being serious : (
I have been suspended from work as the company have claimed that they have recieved an “anonymous call” alleging that I was using a mobile phone while driving my artic. (This is false - it did not happen). This has arisen just a couple of days after raising a genuine grievance regarding a manager.
Whilst my phone call log clearly shows no activity at the time of the alleged incident (specific day/time was given) I dont believe they will accept this as proof as call logs can be amended/deleted.
I have applied to the phone network for my call log for the day in question but this will take “up to 40 days” to process.
My feeling is that the company will quickly proceed from investigation to disciplinary and dismissal.
I am running out of ideas on how to deal with this.
Any help/advice will be greatly appreciated.
Thanks.
Are you losing money over this 
Hi Rog. Currently suspended with pay until disciplinary next week when I expect a quick, and negative outcome.
My concern is that the company will “act” on an “anonimous complaint” from a “member of the public” and, as getting my official call records can take up to 40 days (I have already applied for these records) they will terminate my employment.
I was wondering if any member had any member had any experience of this type of thing or what evidence etc the company would need to take it this far. Surely there would need to be more substance than “an anonimous call from a member of the public”?
Can you not get some kind of call log printout off your network provider’s website ? I can’t believe it’ll take them 40 days to send it to you . Are you in a union ?
You need legal advice ,First 30 minutes are free with most solicitors.Sounds like a bit of a cliquey firm ,May be best to leave …
Unfortunately you cant view call logs on the network providers website (EE). You have to apply in writing using their “Subject Access Request” form and the advice provided states that it can take up to 40 days. My guess is that the company know this (its a large multi-national) so they will be well versed in this proceedure.
Yes, I’m in a union but the current advice is to go through the process providing “as much detail as possible”.
Legal advice may be my best way forward.
Thanks for replies.
Clansman7848:
Hi Rog. Currently suspended with pay until disciplinary next week when I expect a quick, and negative outcome.
My concern is that the company will “act” on an “anonimous complaint” from a “member of the public” and, as getting my official call records can take up to 40 days (I have already applied for these records) they will terminate my employment.
I was wondering if any member had any member had any experience of this type of thing or what evidence etc the company would need to take it this far. Surely there would need to be more substance than “an anonimous call from a member of the public”?
Hi Clansman7848.
First thing to do is to pull all of the information you can to help with putting your case at the INVESTIGATION hearing. For that include a tacho printout of that day, ask if a vehicle can be made available to do this before the meeting if necessary, a copy of the request for your call log from your service provider and any reply from them as to the time it will take to provide this. You should also ask for a copy of the statement from the person who took the call from the “anonymous” complainant including a transcript of the call itself. Does the complainant state that they saw you making a call or just holding and looking at your handset, eg texting using a mapping service.
If you are in a union you should already have contacted them, if not citizens advice or a solicitor with some expertise in employment law.
At the investigation meeting never, ever go in without a companion of your choosing, be it a work colleague, union rep or solicitor. They can take notes and be very clear the company will have at least 2 people in the meeting. Ask before hand if you can record the meeting on an audio recorder to create a true record of what is said, It will probably be denied but ask anyway.
At the meeting try and keep calm and state that you deny using the phone and find the lack of opportunity to challenge the person making the allegation to be unacceptable and contrary to natural justice. Also ask directly if they know the identity of the complainant? That will be a closed question and should be a yes or no answer. If they answer no ask are they withholding that identity for any reason. Another closed question with a yes or no answer. Then, if the answer is no, ask how can they be sure that this is not a malicious complaint from someone with a grudge against the company or you personally? State quite firmly that you believe this is a slanderous allegation made knowing to be false. Build on the uncertainty about the chances of the company getting a successful outcome with untested evidence. Ask if the company own call records show the number from which the complainant made that call. They probably wont but ask anyway.
If after the investigation meeting it proceeds to the formal disciplinary route the same applies. Make sure the phone records are received before that meeting, if need be delaying until they arrive. The company will have a lower burden of proof than a court of law, i.e. balance of probability rather than beyond reasonable doubt, but there are ACAS guidelines which, if not followed, can weaken the company defence should you end up taking an unfair dismissal claim after the whole disciplinary process has been completed. Not allowing sufficient time far relevant evidence to be gathered would be harmful to the claim of a fair process.
Good luck.
Thank you Wiretwister - fantastic advice.
Firstly, this is unequivocally a fabricated allegation.
Also, it is being rushed through (I was suspended and given 24 hours notice of the “investigation”, which I postponed).
My real dilemma is the Subject Access Request to the network provider. It states that my call data records can “take up to the legal 40 days” to be recieved. But I think the company know this.
Thanks again for the sound advice and pointers.
Clansman7848:
Thank you Wiretwister - fantastic advice.
Firstly, this is unequivocally a fabricated allegation.
Also, it is being rushed through (I was suspended and given 24 hours notice of the “investigation”, which I postponed).
My real dilemma is the Subject Access Request to the network provider. It states that my call data records can “take up to the legal 40 days” to be recieved. But I think the company know this.
Thanks again for the sound advice and pointers.
As well as the great advice of the above,
Ask if their is photographic evidence of the event and if not why has it even gone this far.
Show them that you have submitted it and state that you do not want the hearing to proceed before you have been allowed to gather evidence, ensure it goes in the notes! If they insist on proceeding tell them you will appeal the out come on the basis there has been a flawed investigation, including if necessary a tribunal for unfair dismissal. They may say you will have to pay their fees if you lose but that is a very rare occurrence and usually only for very silly cases that would never be won. Yours doesn’t sound like that at all.
I would suggest offering to work in a non driving role whilst you are waiting, avoids the opportunity for them to say they are paying wages so need it resolved, again ensure it is in the notes.
Try and delay everything, 40 days is the maximum time so they may well be quicker. It may even be worth a phone call to explain and see if you can hurry them on.
You get 7 days to appeal if it gets that far, submit on the 7th then delay the appeal as long as you can.
Finally I don’t know if you get sick pay and what your gp is like but it sounds to me like you are getting very stressed/depressed over this matter. Signed off for a couple of weeks could make the difference if you can…
Best of luck
Thank you kcrussell25 for your advice.
There wont be any photographic evidence as “the offence” never happened. But I do take your point of asking all relevant questions and getting everything logged in the notes.
Hopefully the acess request for my phone log will arrive quicker than the legally required 40 days.
The suggestion of offering to work in a non-driving role is a good idea - it shows “reasonableness”. Im sure the offer would be rejected but it would still be in the notes.
Thanks again.
A driver at my last place had similar. He got his call logs pretty quick from his provider and the complaint was dismissed just as quick. It’s rumoured that it was a relation of a director of the company made the complaint. So probably someone just miffed about not getting let out at a slip road. If you can get your call logs and they still dismiss you… you’ve got a big compensation claim 
I think this is possibly more common than I thought CraigM, going by anecdotal evidence over the last couple of weeks.
This is progressing to a disciplinary (as I believed it would) despite me producing the call logs from my network provider.
The issue, as I anticipitated, is that the network provider will produce all activity on my phone (which clearly shows my phone was not in use) except incoming voice calls (to be clear, there were no incoming voice calls either). They state the reason as being incoming voice calls are classified as 'third party data" and, as such, are subject to 'Data Protection laws". Consequently, the only way to get this information released is via a court order, which would be costly (although my union membership may cover these fees) and time consuming (which, I suspect, the company already know).
So, its panning out the way I feared it would. Should know more in the next week or so.
1…who died and made ms anonymous boss?
2 no evidence on video should mean its the same as a knock for knock accident.word for word,.no proof.
3 if your company is even bothered ,why work for a company like that,
4. seeing as they obviously have it in for you,why work for a company that wants rid of you?
5 surely if they cant provide a bona fide name and address of the complainer for you to sue for losses ,then laugh in their face and let them do what they want…thereafter,a good claim for unfair dismissal would ensue?..and if your suspended on pay,i wouldnt be offering to be labouring for them in the warehouse etc.
6…always have a dual sim phone… 
Remember that they need to prove the complaint, not you defend.
So far you can demonstrate that you have not made a call so down to someone “maybe” calling you.
No photographic evidence of alleged offence and the person complaining was so serious about it that they didn’t even give their name.
You need balance of probability to dismiss someone and I can’t see how they have that. It is your word again “unknown” person with no evidence. You can show you had not made a call so it down to them to show why they think someone called you.
I certainly wouldn’t dismiss you on what you have said, wouldn’t even take any action. If they really are crazy enough to sack you get your appeal in and then take to the tribunal. I think you said you work for a large company? I am willing to bet that things change very quickly when it gets to the legal department at head office…
If you are certain that this is a fabricated and malicious allegation, then that would provide evidence that there is a question mark over the conduct of the company in its decision to suspend you. This in turn would provide the basis of a bullying in the workplace claim. Personally if what you are suggesting is that the writing is on the wall, then I would imagine you are highly stressed and suffering from depression and anxiety having become a target for the company for whatever reason. If you can evidence no call or other function of the phone was active at the time of the allegation and that you dont have a second phone/device with you and available in the cab then the motives of the company become more suspicious. In short, you should now be starting to build your wrongful dismissal case, beginning with a visit to your gp where your condition will be recorded. This could well go in your favour but keep your cards close to your chest and discuss relevant matters with a local solicitor only and nobody else. The time may very well arrive at an employment tribunal where the company will have to provide evidence of the allegation, including its origin because it is this that has caused your current medical/health problems. If they fail to provide such information, then their disgusting set up may very well be lit up, but be smart and always fight fire with fire. That said, you might be an absolute arse hole moaning all the time and may well deserve to be kicked down the road, who knows.
Hades3000:
…but be smart and always fight fire with fire. That said, you might be an absolute arse hole moaning all the time and may well deserve to be kicked down the road, who knows.
Or be even smarter and fight fire with water when necessary.
OP. How is the case progressing?
Case dragged on for about a month, Wiretwister, which incorporated a 3 week suspension.
After receiving my call records from my network provider via Subject Access Request, they were made available to the company illustrating the date/time of texts sent & received and calls made. “Calls received” information is not made available by network providers unless requested by a solicitor (which would have to be funded by myself) or requested by a court as part of criminal proceedings (as previously stated).
The company basically caved in following a very robust defence, the production of call records, the lack of impotus on the company’s part in communicating with the “complainer” (lazy admin), and, interestingly, as company policy stated that if the case was dismissed as malicious then the cost of obtaining call records would be refunded (I was subsequently refunded £20) BUT… during the investigation I made it explicitly clear that I WAS prepared to employ the services of a solicitor to retrieve the “calls received” data and, when this also showed that the claim was false & malicious, I would be reclaiming the cost of the solicitor under company policy also (I think they balked at this).
When it was thrown out I contacted Police Scotland and they advised that I lodge a complaint under the Offensive Communications Act which I did. They interviewed myself, the HR manager, took receipt of the malicious email (they were astonished that an employee could be suspended for 3 weeks on such a flimsy, clearly malicious, “complaint” - “wouldnt happen in any other industry” they advised HR.). They advised the company that they "would be seeking authorisation to trace the email and attempt to ascertain if company I.T. assets were accessed/used.
To be honest they were absolutely great - very helpful. They did advise that, off the record, it was not a foregone conclusion that “authorisation to trace” would be granted, but the mere presence of them in the workplace would likely be enough to deter any future shenanigans.
I have to say, it has been a quiet, trouble-free period since. However it was a stressful period but it goes to show that fighting “fire with water” is indeed sometimes necessary…
Result, glad you got it resolved. You don’t always see the individual beat the company bullies so well done.
I have been away so unable to reply but firstly congratulations to OP for getting this resolved.
As others have said it should never have go as far as it did but at least it went in your favour.
Do not worry about replying but a couple of points I would like to make;
Did the grievance that you raised get resolved? Or vanish as part of this? Worth remembering if it gets brushed away
I would view it that you have a clear case of harassment and bullying via abuse of process. If you are back at work and everything is ok I suggest leaving things as they are. However if you ever suffer anything like this again ensure you bring it up immediately. I have been through something similar and after the second time was told that it was “mistakes”. I then asked if they were incompetent because if they made this many “mistakes” without deliberately harassing me I felt they had to be. It got thrown out at that point.
Best of luck for the future
Following the “investigation” being concluded in my favour, the company went through the motions of a “grievance meeting”. The result of this was “no further action taken” due to “lack of evidence” (this is the outcome of every grievance involving any member of the “office team” without exception). When this was verbally questioned in a follow up meeting (not an appeal - just an informal meeting with the investigating manager) I was informed that it was viewed as “■■■-for-tat”). To say I was frustrated would be an understatement! I decided against appealing due to my belief that it would be futile.
Things have been quiet since then - but viewing other drivers going through similar on an almost daily basis is dis-heartening! I suppose drivers are the same as everyone else - a need to work & earn in order to pay the mortgage, shopping etc means that they will tolerate more than is acceptable.