help...think my brother might be getting forced out

maggie5

My brother is having some problems at work and I am hoping someone here can help him. We have looked on ACAS and citizens advice but we are not really making any sense of it all. I will start with the story.

My brother was employed as a catering assistant but the main chef left nine months ago and he was doing her job. They refused to give him a pay rise or amend his work duties and he just had to get on with it. They started to interview a couple of months ago but the new person that they want to hire is demanding more money. This is the main reason why we think they are trying to push him out. He has asked for a copy of his duties and contract but the manager refuses to give him them, when he asks why he cant have them she just says NO.

So last month he was called to a disciplinary meeting regarding bin bags that were supposed to have been left outside. When my brother went to the meeting he explained his side and received the letter today saying that the investigation will be dropped as they did not have enough evidence surrounding it. At the same time as receiving this letter today (6pm when he finished work) the manager hands him another letter telling him he is to come in on monday at 2pm for another disciplinary under gross misconduct.
They have two witness statements and one complaint, the complaint being from the owner stating that there was a bowl of rice left uncovered in the fridge that was not dated, labelled etc. The witness statements just confirm what the owner had seen. The thing is, is that the date that this was supposed to have happened on my brother was not in work, it was his day off and as the letter does not state what time this was found at surely it would be possible for someone to have used it and put it back in without covering it back up etc. they have also stated that this happened again about a week or two later but no statements or anything to back up that claim.

As he was given the letter tonight at six o clock and the meeting is on monday he has no time to seek advice because everywhere is closed till monday and he is working then. Can he put in writing to postpone the meeting for a couple of days until he has seeked advice?

Any suggestions or comments would be appricated

maggie5

can any one advise please

Horace

He is entitled to a copy of his contract - that is the law and the employer is not above the law and has to comply with it.

How many people work in the kitchen? Has your brother been given a copy of the disciplinary procedure, the employer has to have one and your brother should receive a copy of it. Did your brother put the rice in the fridge? If not, then he should say so and say that he was off duty on that day - is it normally his responsibility to deal with the rice?

Maybe as the employer isnt treating him that well, it is time to start looking for alternative employment - there isnt much he can do if the employer wants him out and if he has only been there a short time then it will be difficult to take the employer to an employment tribunal.

On the ACAS website you need to look at details about disciplinary procedures and what they mean. You also need to look at contracts of employment and it will tell you when you should receive a copy - normally within 6 months of starting work.

Widelats

They probably want your brother out and are making up gross misconduct stories - i would have thought gross misconduct involved spitting in food and serving it, not rice in a fridge! - maybe better to get another job or maybe if hes got the patience to go for bullying and get compensation and then leave.

Hope it works out for him.

zzzLazyDaisy

How long has he worked for the company? If it is less than 1 year at the date of dismissal, he has little protection under the law.

Even if he has more than one year's service, if they are determined to get rid of him, they will do. But in that situation he would have the right to make a formal complaint to an employment tribunal and ask for compensation. I realise that is little consolation as it still means he will lose his job.

As far as the current disciplinary is concerned, he is entitled to receive a copy of his contract of employment within 8 weeks of starting work, but this does not include the right to receive a written job description or list of duties. The contract must say what he is employed to do, but this is normally drafted very widely for example 'you are employed as [xxxx] but you are also required to undertake such additional duties as may be required to ensure the smooth running of the business'.

The contract must also give basic info about the disciplinary and grievance procedures and he must either be given a separate copy of those procedures or be told where he can get them.

As far as notice of a disciplinary hearing is concerned, if no timescale is set out in the disciplinary procedure he is entitled to be given 'reasonable notice'. Friday to monday would not normally be considered reasonable notice, and he would be entitled to ask for longer to enable him to take advice, especially considering the fact that his job is at risk. He would be entitled to ask for a postponement of the meeting to enable him to take advice. To be honest I wouldn't bother - it sounds like their mind is made up, and (assuming he has at least 1 yr service) there doesn't seem to be much point in giving them the opportunity to rectify their procedural mistakes.

maggie5

thanks for the replys so far, he has worked there for just over a year and he did recieve a copy of his contract at the begining but he lost it so had asked for copy. i had also thought that he would be able to ask to postpone the meeting but wasnt to sure, like you all said he will proberly lose his job but he feels its worth fighting for when he cant see what he has done wrong. it would be his responsabiltie for putting the rice away etc but he has managed to get a copy of the rotas for them dates and he defently wasnt on shift at the time. He was the last on shift the day before but he works in a care home so everyone including residents (even though they dont go in) has access to the kitchen on a 24 hour period. He finished his shift at 6pm the night before. thanks again for the advice so far

Techno

I take it he isn't a member of a union? If he is they should take this up on his behalf

maggie5

no techno he isnt a member of a union i have gone on at him for the last 6 months to become a memeber but he didnt listen, now i suppose its to late

Scaredy_Cat_3

maggie5 wrote: »

no techno he isnt a member of a union i have gone on at him for the last 6 months to become a memeber but he didnt listen, now i suppose its to late

Not necessarily. I have personal experience of unions taking people on (two separate occasions and 2 separate unions) after a problem has arisen. I would say your brother should definitely contact whatever union would represent him (if no specific union, what about the T&G?)