Work Disciplinary
- Thread starter RumbleBee
- Start date
Make sure she doesn't stoop to "speaking her mind" and the like - she needs to be painted in as good a light as possible should a tribunal be necessary. Defending yourself by stating facts is fine but conjecture and arguing will achieve nothing.
Getting someone into the meeting with her of a high standing is also a good suggestion - someone in HR etc who will also take minutes from the meeting will be a bonus too.
Getting someone into the meeting with her of a high standing is also a good suggestion - someone in HR etc who will also take minutes from the meeting will be a bonus too.
Take a bear/tiger as representation?
Seriously, as long as she can counter the accusations against her then she will be fine - they will either be subject to an unfair dismissal case, or she will carry on as normal.
Make sure you tell her to start a grievance against the immediate manager if she believes she is being bullied - I would take a letter with me to the meeting and present it to the MD before proceedings begin.
Seriously, as long as she can counter the accusations against her then she will be fine - they will either be subject to an unfair dismissal case, or she will carry on as normal.
Make sure you tell her to start a grievance against the immediate manager if she believes she is being bullied - I would take a letter with me to the meeting and present it to the MD before proceedings begin.
Situations like these never recover. There is no future to be had in place that already serves her with disciplinary hearing. She can fend with her superior ad infinitum, she can even win this battle but ultimately, sooner or later her manager will find a reason for another warning, then written warning, then disciplinary hearing. It will never be a proper pleasant and respectful workplace, there will be no career paths to be had, no promotions or climbing ladders to achieve and any pretend ceasefire will be just temporary. From now on,it's just a waste of her valuable time.
Associate
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- 4 Jan 2004
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- 1,410
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- Finally, Swindon
This is not about her speaking her mind, justifying herself or getting validation - it's about playing them at their own game and being ready to jump on the employer if they slip up
Associate
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- 14 Oct 2006
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- 486
You have some great advice from Pipe&Slippers. DO NOT ignore it.
This sounds like one of those medium size companies that likes to 'play at knowing what they are doing'
Let them hang themselves, you need do nothing to help them do it other than make notes. You need to remain very calm and matter of fact, this attitude alone will probably put them on the back foot. Do not make threats of legal action etc etc, as this can often awaken them to the possibility that they might be doing things the wrong way. You do not want them to take legal advice on this, as the more errors they make, the better case you have.
The last time I took my company to tribunal, they did not take any legal advice until a few weeks before the tribunal date, this was a huge help, as they shot themselves in the foot repeatedly.
This sounds like one of those medium size companies that likes to 'play at knowing what they are doing'
Let them hang themselves, you need do nothing to help them do it other than make notes. You need to remain very calm and matter of fact, this attitude alone will probably put them on the back foot. Do not make threats of legal action etc etc, as this can often awaken them to the possibility that they might be doing things the wrong way. You do not want them to take legal advice on this, as the more errors they make, the better case you have.
The last time I took my company to tribunal, they did not take any legal advice until a few weeks before the tribunal date, this was a huge help, as they shot themselves in the foot repeatedly.
they have to give her reasonable notification of a hearing i.e 48 hours and they have to offer her the opportunity to take a union rep or colleague with her.
she is best off not saying a lot and wait for her manager to shoot themselves in the foot which they will inevitability do
she is best off not saying a lot and wait for her manager to shoot themselves in the foot which they will inevitability do
I think you should read the government website (directgov) about this.
Also the Citizen's Advice Bureau website and find your local that you can phone.
1. she has to have a reasonable amount of time (quote on the site was 24 hrs) usually up to 5 days max but agreed by both parties.
2. There's strict guidelines to what counts as a reason for dismissal.
3. If she's feeling that she's being forced then check out 'constuctive dismissal'.
Sounds to me like they're attempting to reduce the workforce without going through redundancy procedures.
I do feel for the OP's girlfriend. My wife has just been through a very similar situation that started Novemer last year. They tried all the tricks in the book regarding performance and 'procedure'. Unfortunately her company finally made redundancy's and she was one of them while being off sick so unfair dismissal was off the cards.
However, she has now got the weekend to decide whether to accept a tidy sum of money as she took them for lack of 'duty of care' and won. I cannot go into it for legal reasons but if the OP wants to message me, I will be more than happy to advise what route we went down.
If the doctor signs her off sick, she is off sick period and her company needs to address the way they are handling this very seriously or it could be another one that gets stung. I'm assuming she has been there over 1 year?
I would advise she documents all of it and calls Acas as soon as she gets home. They are extremelly good at advising and will appoint a legal representative if she has a good case.
Good luck.
However, she has now got the weekend to decide whether to accept a tidy sum of money as she took them for lack of 'duty of care' and won. I cannot go into it for legal reasons but if the OP wants to message me, I will be more than happy to advise what route we went down.
If the doctor signs her off sick, she is off sick period and her company needs to address the way they are handling this very seriously or it could be another one that gets stung. I'm assuming she has been there over 1 year?
I would advise she documents all of it and calls Acas as soon as she gets home. They are extremelly good at advising and will appoint a legal representative if she has a good case.
Good luck.
Last edited:
Soldato
- Joined
- 23 Oct 2002
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- 4,385
- Location
- North Devon
Another thing to find out is if anyone in the office is a union member. Only one person needs to be for everyone to be able to be represented by a union official.
Also, she has the right to have someone, a rep or colleague, attend the meeting with her.
Also, she has the right to have someone, a rep or colleague, attend the meeting with her.
I do feel for the OP's girlfriend. My wife has just been through a very similar situation that started Novemer last year. They tried all the tricks in the book regarding performance and 'procedure'. Unfortunately her company finally made redundancy's and she was one of them while being off sick so unfair dismissal was off the cards.
However, she has now got the weekend to decide whether to accept a tidy sum of money as she took them for lack of 'duty of care' and won. I cannot go into it for legal reasons but if the OP wants to message me, I will be more than happy to advise what route we went down.
If the doctor signs her off sick, she is off sick period and her company needs to address the way they are handling this very seriously or it could be another one that gets stung. I'm assuming she has been there over 1 year?
I would advise she documents all of it and calls Acas as soon as she gets home. They are extremelly good at advising and will appoint a legal representative if she has a good case.
Good luck.
I'm still awaiting contact from my wife and probably won't speak to her till later on this evening. Thanks for the offer to message you. Dependin gon today's outcome I may be in touch
Work Disciplinary (Update)
Me wife has returned from her disciplanery meeting. 11:30 > 13:30.
The meeting Itself
Manager had no written proof, pretty much based on things that have been said. eg. I had to remind Sarah to do this on a number of occasions or Sarah had not done this on such and such a date.
Regarding Internet access they are stating they can gather this information from the ISP if needed.
Sarah has said that since she started the company she has looked at the occasional website, never for more than 1 minute and not at all in the last 3-4 weeks.
The Outcome
Sarah has been given two options.
Option 1 - Return to work on Monday and undergo a strict and detailed report on perfomance. If exppectations are not met instant dismisal will occur with no reference
Option 2 - Resign from work before 5pm this evening (Thats less that 4 hours) and the company will pay her till the end of May and give her 1 months additional pay as a good will gesture. and provide a reference for future employers.
When Sarah quized the good will gesture she was told 'We are not the sort of comanpy that wants to see you pennyless when you have bills to pay'
she has till 5pm to decide.
If she takes option 1 and returnes to work she is certian the expecations will suddenly rise and it will be 'arranged' that she can't meet them.
Me wife has returned from her disciplanery meeting. 11:30 > 13:30.
The meeting Itself
Manager had no written proof, pretty much based on things that have been said. eg. I had to remind Sarah to do this on a number of occasions or Sarah had not done this on such and such a date.
Regarding Internet access they are stating they can gather this information from the ISP if needed.
Sarah has said that since she started the company she has looked at the occasional website, never for more than 1 minute and not at all in the last 3-4 weeks.
The Outcome
Sarah has been given two options.
Option 1 - Return to work on Monday and undergo a strict and detailed report on perfomance. If exppectations are not met instant dismisal will occur with no reference
Option 2 - Resign from work before 5pm this evening (Thats less that 4 hours) and the company will pay her till the end of May and give her 1 months additional pay as a good will gesture. and provide a reference for future employers.
When Sarah quized the good will gesture she was told 'We are not the sort of comanpy that wants to see you pennyless when you have bills to pay'
she has till 5pm to decide.
If she takes option 1 and returnes to work she is certian the expecations will suddenly rise and it will be 'arranged' that she can't meet them.
Man of Honour
- Joined
- 17 Nov 2003
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- 36,747
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- Southampton, UK
Legal advice needed I think.
Call Acas as they will put her through to someone quick seeing as though she has a few hours. She really needs to speak to someone who deals with Employment Law.
Calling CAB will only tell you to call Acas.
Has she been there over a year?
Is she still on any probation?
Acas regional helplines
Calling CAB will only tell you to call Acas.
Has she been there over a year?
Is she still on any probation?
Acas regional helplines
Last edited:
Associate
- Joined
- 14 Oct 2006
- Posts
- 486
Arrange a meeting with an employment lawyer straight away.
