Advice regarding a letter my girlfriend received.

[ian505050]

I would like some advice and opinion from people that are open minded and have not taken side's regarding an issue my girlfriend has at work. I came here as i know you guys on here seem to be very level headed and would greatly appreciate a couple minutes of your time to let me know what you think.

My girlfriend has worked at the Pet Shop in question as Pets Department Manager for 13 Months. A new general manager has taken over 2 months ago and their personalities clash and he wants to sack my girlfriend. Obviously there is a reason why he wants to do this and i would like to get the bottom of it. She feels that he has been trying to manufacture a reason by fowl means to enable him to sack her.

After speaking to my girlfriend she feels she has been bullied, treated unfairly and lied to on several occasions to make tarnish her reputation. This is obviously her matter of opinion and the story has 2 sides. I have spoke to her to try and understand if they genuinely do have a justification for the action the have taken.

We sat down and have worked out that her attendance is very good. 1 Day sick since she started 13 months ago.

Time keeping is near perfect as she often starts work 45 minutes early to avoid traffic.

She often spends hours at home doing company work making posters and animal care guides ect.... She genuinely does love the job she does but this has now changed since the General Manager who is a higher rank has started.

Generally at work she has not made any silly errors or mistakes and for this reason has not received any previous VERBAL or WRITTEN warnings.



Today she received this letter informing her she has been suspended pending investigation on full pay an escorted from the premises feeling totally embarrassed, upset and angry.

Please see below the letter and help me create a responding letter.



Basically her role is decide what goods the store buys and mark them all up 120%

At Christmas staff get 50% off all goods for a 1 week period and this has resulted in 1 animal being sold to a member of staff buying an animal at a loss of £5.00 to the company. This item must have been reduced slightly prior to Christmas causing a loss of YES £5.00! ooooohhh and she was not in work on this day as it was her day off so she had zero opportunity to stop the sale and even if she had been in work the sale would have still gone through as she did not decide the terms of the Christmas 50% off for staff deal. Yes the system is flawed and the company will make a loss on reduced items being further reduced by 50% again.

My girlfriend confirms that this is correct and obviously a company cannot survive by giving staff items at less than cost over 1 week at Christmas. Maybe breaking even would seem a sensible idea and acceptable in my eyes.

1.) It is not her responsibility to offer any discount to staff at Christmas and there will be many items sold at less than cost as 50% covers nearly everything including items that have been reduced during the year. But again it was never her idea or responsibility to offer 50% off for staff at Christmas.

2.)The general manager has stated in a meeting that they believe she held back an animal for 2 weeks so a member of staff could buy the animal in the week they get less 50%.

The reason behind this is that the animal was put in quarantine as it had an illness and had to be separated for these 2 weeks. They obviously don't believe this and have zero proof as this was simply not the case.

The main questions i have are.

a) Is a £5.00 loss significant enough amount to suspend a member of staff.

b.) Is suspension from work allowed legally without any prior verbal or written warnings?

c.) They so far have not given any physical proof to their statements in the letter (there is none). What steps should we take to resolve the issue. Obviously we have bills to pay ect..... so saying shove your job is not an option and should not need to be an option as she has done nothing wrong in her eyes

d) What do they mean by "You should note that suspension is not disciplinary action"? I am unsure the reason behind this statement? Any ideas?


Sorry for all the test and i really do appreciate you taking time to read.

[maviczap]

I'm no employment expert, but the reasons sound trivial.

Is this a big company, if so they should have established disciplinary procedures?

Sound like a good one to take to an employment tribunal

My first stop would be citizens advice.

It certainly sounds like they clash. It looks like they're trying to fire her on grounds of gross misconduct which would be instant dismissal. Since the 50% reduction isn't up to her and is company policy then I don't see how they have a leg to stand on.

[ian505050]

Yup, thats exactly what i thought. She sent me a text and i genuinely thought she was joking.

The animals in question was 2 hedgehogs one bit the other ones penis (2 males) and caused an infection which was the reason for isolation. She tried to explain this via a text to me and the hedgehog penis bit got me thing this is surely a joke.

Again, many thanks to all that have replied

[dizzyblonde]

They can suspend legally with no notice. They can also dismiss under gross misconduct with no notice(however even in this instance, you have to do something completely illegal to do so)

It does seem very trivial, needless to say, when she has a meeting in regards to this matter, as I will assume this is 'suspension pending investigation', she is allowed to take someone else from the company with her, so they act as witness to what is discussed, ultimately stopping the general manager in question bullying her whilst on her own.

If the general manager is attempting to sack via gross misconduct, I would presume there will be someone from higher up that he will get a second opinion over the matter, in which case your girlfriend will also be able to give her side of the case to.

[MisterTommyH]

Again, no expert, but if she wasn't in on the day in question how can she have possibly have allowed the sale to go through?

You also mention that it was in quarantine for two weeks - surely there have to be records when an animal is quarantined which will back up the real reasons why the animal was 'held back'?

In answer to your particular questions:

a) Yes - any amount is. I would have thought it's a principle thing, although whether this is actually wise to do is another question.

b) I think so. She's being paid. They will say that it's to prevent anyone who might be guilty taking advantage after being accused and causing any further damage before they choose to walk.

c) Full pay at the moment, so is this an issue? There should be some sort of grievance procedure that can be followed - although if this is against the general manager I don't reckon there's much chance of anything happening. Leaving (or starting to look for other work) may be the best option.

d) I think that's said to be clear that no punishment has been given yet. If they hadn't included this your g/f could argue that she had been suspended, therefore punished, and that they can't punish her twice (assuming that they find against her).

[Messie]

Sorry, I know it's not related to your original question but, selling hedgehogs as pets? Please, this has to be wrong. They are wild animals and have not been domesticated as pets!! No wonder one bit the other one!

Anyhow, back to your original problem. It seems to me that, on a technicality, they may have something against your girlfriend. It may be slight, and morally unsound, but they have the upper hand. Go to her Union (if she has one) or CAB, but don't expect too much. Sorry

[dizzyblonde]

hedgehogs???????????????????

WTF? You can't sell hedgehogs as pets

I would be curious to know if the company has a HR/ personnel dept. If they have they are probably following their procedures which, should be legal. This is not always the case but assuming it is legal, then based on experience I have from a management perspective I would advise the following as a generalist statement without knowing more about the company.

1. Suggest your girlfriend writes to the company and asks for their related procedures for the discount structure
2. Ask them for the related procedures and her entitlements for investigation under her contract of employment
3. Ask them for the related procedures and her entitlements under and potential future disciplinary procedure
4. Ask them if she is entitled to have a friend accompany her to the meeting to find out the results of their investigation
5. The accompanying friend will be allowed to take notes. This could be important if as you suspect the company are trying to force her out. The notes will be useful if your girlfriend decides to take her case to an employment tribunal.
6. Advise you girlfriend to keep a record of everything that is exchanged or has been exchanged between her and the manager either historically and from here on in.
7. Ask the company for their grievance procedure - the thought of a counter claim might get them thinking
8.If she has had good past appraisals, customer thank you's or any evidence of good conduct such as the extra working and timekeeping then ask for them too.

I hope this doesn't sound like an over reaction but looking at this based on what you say has happened they are out to get her on constructive or at the very least unfair dismissal. Don't take it for granted that it will be done fairly, it often isn't.

Also if the manager looks set in the company then tbh regardless of the outcome look for another job, and in the next job make sure she joins a union. They are the best people to go to. I say this as a manager who has spent enough time in Employment Tribunals to last a lifetime.

Hope it helps a bit.