Facing a Show Cause Notice: What Should I Do When My Employer Doesn't Respond?

Show Cause Notice and Allegations

I have been issued an indisciplinary Show Cause Notice (SCN) by my employer for allegedly getting into a fight with a colleague. However, I did not engage in the kind of altercation described in the SCN. In fact, my colleague did not even report this incident to anyone. HR apparently heard about it from elsewhere and issued the SCN 15 days after the incident, alleging indisciplinary action in what seems to be a personal vendetta against me.

Response to the SCN

Upon receiving the SCN, I promptly provided my explanation. It has been 3 days since I submitted my response, and I have not yet received any communication from my employer.

Seeking Advice

I seek advice on the next steps to take and what procedures might be available to me. What is the expected timeline for my employer to respond? Should I send a follow-up email to remind them? Will my salary be deducted for the days of suspension?

Please advise.

Dear Colleague,

It is not clear whether you are kept under suspension pending enquiry.

Suspension and Subsistence Allowance

In this case, if you are kept under suspension pending a domestic enquiry, then you will be paid Subsistence Allowance, say 50% of wages to start with.

Working Without Suspension

If you are not under pending enquiry suspension and working as usual, then there is no question of salary deduction until the enquiry is conducted and punishment is imposed.

Timeline for Employer's Response

There is no timeline generally for replying to your explanation, but some standing orders have a timeline. You need to refer to the Standing Orders or Disciplinary procedures of your company. If no mention is made, the employer is not bound to reply within any timeline, but after a long delay, he cannot proceed with disciplinary action further.

Your Role in the Process

From your side, if you are clear and no strong incident happened as well as you have replied to the SCN, then you are not expected to go and follow up on the status. Let it take its own course of time.

Management's Next Steps

If Management wants to proceed with disciplinary action, they will conduct a direct enquiry, and at that time, you should present your side to the satisfaction of the Management.

Consequences of Disciplinary Action

After the disciplinary process, if Management imposes "suspension" as punishment, then you will not be entitled to any wages for the suspended days.

Advice for Resolution

Try to settle the matter with HR smoothly so that it does not adversely affect your career track later when you are called to explain.

Dear Dr. P. SIVAKUMAR,

Appreciate your input and advice. I have been asked to refrain from joining and interacting with colleagues in SCN, to which I have replied with my explanation. In a recent update, I received a reply from HR stating they are unsatisfied with the submitted response, and they are proceeding to a departmental inquiry. The inquiry officer, date, and time will be notified.

However, I am certain that no written complaint has been filed against me from the other party, as we both (myself and the complainant) have a good connection. It is the HR who has escalated the entire issue, possibly to settle a past vendetta with me.

Should I raise this vendetta issue with the concerned HR head?

Should I raise this vendetta issue with the concerned HR head (Head Office) so that they may intervene and ensure a fair process is followed in the inquiry, or appoint an inquiry officer from the Head Office? I am concerned that the appointed inquiry officer (by the current HR and management) might be biased and unjust towards me, making it challenging for me to justify my position.

Should I bring ulterior motives to the attention of the Head Office?

Should I bring to the attention of the Head Office any ulterior motives of the regional team towards me? Can the current regional HR issue an SCN without any complainant, solely based on hearsay?

I look forward to your further advice.

Dear Colleague, it is unfair if it is handled in a biased and unfair manner. You may very well submit a letter to file a basic complaint against what has been alleged by the other person. (Normally, HR might pressure the other person to file a complaint if it hasn't been done yet, which may or may not happen).

As you rightly felt, if you do not trust the local HR, you can use the escalation matrix provided and give full details of the incident to escalate the matter. It has reached a disciplinary action level, so do not hesitate to use all possible supportive channels available to you.

Handle the situation confidently and utilize all channels. Even in an inquiry, if conducted, have a supportive co-employee present during the inquiry process. (They can only observe and cannot make major contributions, but they will still witness the fairness of the process).

Dear Dr. P. Sivakumar,

I appreciate your response and guidance. As mentioned earlier, I have escalated the entire scenario to top management, including the unethical and biased behavior of regional HR and management. In response to my email, a grievance committee member has assured me of a fair and unbiased inquiry, requesting my cooperation and support until the date and time of the inquiry is notified. I have responded very positively, assuring them of my full cooperation.

In the communication from the grievance team, there was no involvement of local management. How do you interpret this sign?

I intend to escalate the biased practices of the current management, such as harassment and discrimination based on religion, with audio recording evidence. Please guide and advise on the next steps.

I am truly grateful for your reply and guidance.

Dear Colleague,

For your current situation, I personally suggest that you confine and restrict your actions to those connected to the Domestic Enquiry and the present subject. Any general escalation may not be beneficial at this time. Hence, overcome the present crisis with positivity and strongly believe that your side is genuine.

In the case of other discriminations, it should be addressed collectively by all employees, and you individually should not get noticed and victimized. After all, management will analyze pros and cons only from a business perspective. Therefore, for now, my suggestion is to focus on overcoming your present challenges. Keep trying for the next employment opportunity, and once you are secure in a new position, you may escalate such issues to the top management confidentially. This could help them improve their systems.

This advice is based on the personal experiences of many friends, which were not favorable when escalating such matters, as they were plotted against and dismissed. We live in a world where we need to be tactful. There may be different views on this point, but this is my personal perspective based on 30 years of experience and the experiences of my friends.