Advice regarding a letter my girlfriend received.

[gruntygiggles]

Interested to know what is happening here as i smell a rat. This doesn't make sense at all. No contract is not a big deal. She has worked there for 18 months, there is an implied contract. No contract would go in her favour at tribunal as shows lack of management by the employer.

What i really don't like is that this is a company that does not keep records of animal care. To be quarantined for any amount of time and not have a record kept is extremely poor animal husbandry at best. No records means no way of tracing any animals past health concerns which is extremely poor practice.

I would advise your girlfriend move on and find somewhere else to work that is a more responsible employer and practices proper animal husbandry.

I understand that you have taken out the company name and staff names, but the letter looks like something pulled off a Google search for sample suspension letter.

Save yourself the stress...walk away. Yes, it is an injustice, but life is better lived than battled through. This will be nothing in a few years time, so don't waste time and energy on it.

You guys have to fight this. Getting another job is a last resort. A good reference from your line manager is essential and if you leave due to dismissal there's no chance in this already tight job market. As others said, record everything, read through the Employment Law website, and prepare a defence. At the Disciplinary Hearing try to have the firm`s HR manager there or take a professional person with you. Dont say too much and dont offer all your defence! It may just end up with a warning letter. If you are sacked at this meeting state you disagree with the allegations and you intend to appeal. Then request a 2nd hearing. Appeal with all your facts and statements. If the worse comes to the worse this sounds like a very strong case for unfair dismissal at tribunal. Constructive dismissal is when she leaves of her own free-will due to bullying, work stress, unreasonable demands etc and this is always an option for the future if she retains her job. Good Luck!
Chris

Originally Posted by chrisinflight

You guys have to fight this. Getting another job is a last resort. A good reference from your line manager is essential and if you leave due to dismissal there's no chance in this already tight job market. As others said, record everything, read through the Employment Law website, and prepare a defence. At the Disciplinary Hearing try to have the firm`s HR manager there or take a professional person with you. Dont say too much and dont offer all your defence! It may just end up with a warning letter. If you are sacked at this meeting state you disagree with the allegations and you intend to appeal. Then request a 2nd hearing. Appeal with all your facts and statements. If the worse comes to the worse this sounds like a very strong case for unfair dismissal at tribunal. Constructive dismissal is when she leaves of her own free-will due to bullying, work stress, unreasonable demands etc and this is always an option for the future if she retains her job. Good Luck!
Chris

+1

fight it - its a point of principle and if your GF has done nothing wrong then why should she leave?

Citizens advice if you haven't already done so.

Right, the story so far.

We received another letter giving most of the details you guys on here advised that we request.

The new letter also advises that she will be informed 5 days after the meeting this Thursday if she has been sacked or not.

She has been told that she will have to attend a disciplinary meeting this Thursday. The letter says that she may bring a Union representative or a Work colleague into the meeting. BUT

She is not in any sort of union.

She does not want to drag a colleague into the meeting as they will be worried about their own job.


soooooooo..........

Can i as her partner attend the meeting with no intention of speaking ect..... will be just there to make a recording take notes and to be a witness to what was said.

Hey a thought I'd chime in with my two cents. I'm responsible in my job for part of the Disciplinary and Grievance process so can speak for how we do things. PaH may be different in their processes but the basics are the same.

1) £5 is enough. 1p is enough if it breaks a term of employment. For example when our people get their discount cards they have to sign to say they understand the consequences of misuse. I would check you employee handbook, contract of employment and job description. There should be explicit terms in there and you can use those in any future disciplinary proceedings if it comes to that.

2) yes you can, remember she is only being suspended pending investigation whilst facts are gathered. It is not a disciplinary. Given the nature of what she is being accused of its a reasonable precaution to suspend - it does not imply guilt.

3) They need no proof, only 'reasonable grounds' as I said before this time is for them to gather their evidence. Part of that may be for her to be invited to an investigation meeting, again this is just for her to put across her side of things, she has no right to be accompanied at this.

4) this then follows onto the last point. If they investigate and find that there's no way she is guilty of anything then the investigation is closed, she goes back to work and everything is forgotten (if only!). However if they feel that there is something to answer for then she will be invited to a disciplinary meeting to 'explain' herself. For this meeting she can be accompanied (by a colleague, union rep or even you) and has to have at least 24 hours written notice. She must also have copies of all the evidence for the meeting, witness statements, meeting notes, contracts etc. she cannot have anything sprung on her on the day.

After all that the outcome from the meeting could be nothing, could be a verbal warning, written warning or closure of contract.

After all that she can appeal (but only against the process, not the evidence)

If she's thinking of going down the grievance route, which she's entitled to, then I'd advise not letting it look like sour grapes. It's hard to not feel like that but for a grievance to be upheld it has robe water tight and unfortunately bullying is one of the hardest to prove.

In short read through your handbook, you D&G processes should all be outlined in there. If you'd like to ask anything else please feel free to pm me.

Lookalike I was bit late on my reply! Sorry!

You may not have the right to accompany her it may have to be a colleague, that's down to the company. She should not feel bad about asking a colleague and it should have no impact in that person. They're not allowed to say anything anyway just make notes.

You should have received copies of all the evidence with the meeting invite. that's where you start and will let you find out what can be challenged.

[fizzwheel]

Originally Posted by ian505050

She does not want to drag a colleague into the meeting as they will be worried about their own job.

Her colleague shouldn't be put in a position by the company that they fear for their own job by sitting in in the interview.

I've sat in a few of these having been asked to by colleagues who find themselves in the position that your girlfriend does. You are just their to observe as a witness nothing more nothing less.

I dont believe that as her partner it would serve her best interests for you to go, whoever is running the meeting might feel like they are being ganged up on.

[TamSV]

You could ask them if you can attend but they could say no. Can you trust yourself to keep schtum though?

I'd certainly ask to see the evidence they have prior to the meeting along with anything else relevant like the written details of the staff discount scheme (if such a thing exists).

Be sure to get written confirmation/notes of the animal's quarrantine, as the investigation allegation is based on the fact this animal was held back from sale until the staff discount week, if you can prove it was indeed unfit for sale during that period then i see no reason why anything they have to say can be of relevance. And do make it known the tension between her and this guy, as if he is the driving force behind this investigation then that must be known to others involved.
Whatever the outcome, do make it clear to your girlfriend that at the end of the day, this is only a job that pays the bills, nothing more, and i'm sure that at any other place of employment she will be appreciated how she rightly deserves to be.
Wish her good luck from us all.