Here’s a question. Employee Mr U is accused of sexually assaulting A. She goes to the Police about it and simultaneously U’s employer starts an investigation into his conduct. The investigator J concludes that there is a case to answer, based in part on A having gone to the Police. On the back of J’s report, once issued, a disciplinary process is convened and U is summarily dismissed by a separate manager, F. Sounds all fair enough so far, yes? However, between the submission of J’s investigation report and F’s decision to dismiss, there was a development – after some hesitation about her story had been expressed by the Police, A withdrew her criminal allegations (as in “I don’t remember it happening”, rather than “It did happen but I don’t wish to pursue it”). J knew this but didn’t tell F before the dismissal decision was reached. That left decision-maker F with genuine and reasonable grounds to conclude tha...
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