What is the definition of a formal complaint?

[marcoma]

Firstly the situation is that a complaint described as a 'formal complaint' was made against me. I had always thought for a complaint to be formal it has to be in writing with a signature from the person making the complaint. Is this accurate?


Secondly, during the meeting to respond to the complaint I said I would have liked to have had the opportunity to consider my responses. To which my line manager responded 'you are considering your responses now' (words to that effect). Is this reasonable, especially considering it is a response to a complaint.


Lastly, if I recorded the conversation in the meeting without the knowledge of those in the room, is it illegal? Can it be used against me? If so in what way?


Your comments will be greatly appreciated.


Thank you

[tkessex]

Formal complaints are, generally, submitted in writing, though there is no universal procedure and as such the definition may vary from organisation to organisation.

Again it will depend upon the procedures your employers have in place, but being denied the opportunity to consider the complaint being made against you certainly isn't standard practice. Anything you said under such circumstances would not hold up should any legal proceedings follow, and you would have a strong case for claiming intimidation.

As far as I am aware recording a conversation is not illegal (though there may be a difference between voice recordings and those containing images), but it would be inadmissable in court as the recording was made without the other party's consent.

[marcoma]

Originally Posted by tkessex

As far as I am aware recording a conversation is not illegal (though there may be a difference between voice recordings and those containing images), but it would be inadmissable in court as the recording was made without the other party's consent.

Thank you for that information tkessex. I am equiring about voice recordings as a means to protect myself against what has been said in a meeting. In the past I felt intimidated at a meeting where a senior member of staff commented that if I was dissatisfied with the working arrangements I should leave. I have no record of him saying this and have been concerned that he can just deny it if I had made a complaint.

You say a voice recording will be inadmissable in court, does this include an employmernt tribunal?

[AstarothSolutions]

Recordings can be submitted to court and are legal if both parties are aware that the conversation may be recorded (hence the IVR messages you get when phoning a call centre). It most likely would not be illegal to record it for your personal listening interest but is unlikely to be accepted by a court.... that said for civil law I do not believe that there is a universal ban on them and it will be up to the judge to decide if it can be submitted or not (generally the law sides with the individual over the company so your chances would have been better than if they had recorded you without your knowledge).

I doubt there is a legal definition of a "formal complaint" however most companies have their own internal definitions of such things - these may well vary between complaints from customers to those of other employees.

[marcoma]

Originally Posted by AstarothSolutions

Recordings can be submitted to court and are legal if both parties are aware that the conversation may be recorded (hence the IVR messages you get when phoning a call centre). It most likely would not be illegal to record it for your personal listening interest but is unlikely to be accepted by a court

Thank you. My main concern is that I attended the meeting without union representation due to the fact I was not given enough time to arrange it (only about an hour and no one was available). I clearly stated I had not been told of the nature of the allegation and asked why, I did not receive a response (this was in an email).

If my explanation of events taken from an accurate transciption from an audio recording are not beleived over those of the other 3 people at the meeting is there any way at all I can introduce the recording as evidence?