disciplinary help please - SUSPENDED!!!

longwalks1

apologies if this is in the wrong section, mods please move it.
My girlfriend has returned to work today after 3 weeks off sick (personal issues) to be greeted by her store manager who handed her a letter to attend a disciplinary hearing later today because another member of staff has made a 'serious allegation' against her while she was off, about a text that was sent. Long story, out of work a girl at my girlfriends company said some tihng about her to a group of people who knew my girlf well, she sent this girl a text saying 'keep out of my business and dont take the p out of me', since the the girls made a allegation of bullying

1) does a text sent out of work, on a non work related matter mean she can be disciplined in work?

2) is my gf entitled to an independant person in the hearing with her manager?

no doubt will have some more questions today people

many thanks in advance

Emmzi

1) yes
2) yes, but it is normally internal to the company, so a colleague or union rep (ie not you). However if it is just an investigatory interview and not the start of a formal process, then no. She can take someone in later if it goes formal.

by the way, "personal issues" is not a recognised form of sickness. I hopeher doctors line says something properly medical! (I don't want to know what it is tho, prob. not relevant)

longwalks1

Hi
Thanks for your reply Emmzi

1) How can a text out of work, non related be used in work for disciplinary procedures? (not arguing, just wondered why?) My gf has remained professional at work, just chose to distance herself from this person out of work

2) Update, gf was told her hearing was to be adjurned for an hour while her manager decides what to do and write her notes up, upon returning my partner was suspended on full pay, walked to her locker and watched empty it. Her store discount card was taken from her, as was her locker key. At no point was she offered someone to sit in with her.

Sorry, i put personal issues as i didnt want to tell the world what was up, obviously the reason IS on the doctors note, but i dont feel it has any relevance here.

Thanks again

bap98189

1) If we work in the same place, you walk out of the office and I beat you up, should your employer be concerned? This allegation is no different. The bullying does not have to be physical. Besides which once the complaint has been made, the employer has a duty of care to investigate it and act accordingly.

2) This is probably standard procedure within the company whilst the incident or complaint is investigated and any hearings or meetings arranged. I would expect her to receive a letter with a date for a formal disciplinary hearing.

HO87

britishboy wrote: »

Hi
Thanks for your reply Emmzi

1) How can a text out of work, non related be used in work for disciplinary procedures? (not arguing, just wondered why?) My gf has remained professional at work, just chose to distance herself from this person out of work

It is likely to be argued that whilst it took place out of work that it impacts on working relationships.

britishboy wrote: »

2) Update, gf was told her hearing was to be adjurned for an hour while her manager decides what to do and write her notes up, upon returning my partner was suspended on full pay, walked to her locker and watched empty it. Her store discount card was taken from her, as was her locker key. At no point was she offered someone to sit in with her.

Sorry, i put personal issues as i didnt want to tell the world what was up, obviously the reason IS on the doctors note, but i dont feel it has any relevance here.

Thanks again

Interesting. Suspension should carry with it no sanction. As an employee she is entitled to continue to enjoy all benefits of being an employee and this does not change simply because she is suspended. This would include use of a company car, for example or, as in this case, an employee discount scheme.

Was your gf notified at any point that the meeting had become a disciplinary meeting or was it simply an "investigative" meeting? If indeed the meeting went "formal" then she is entitled to have written details of the allegation against her (copy statements etc) and to have someone to accompany her by way of a workplace colleague or accredited union official.

In any event I suggest that your gf contacts the company's HR department (if there is one and if not her manager) and request a copy of:
a) Her signed statement of of terms and conditions (her "contract of employment").
b) The company grievance and/or disciplinary procedures.

dickydonkin

Are you sure the meeting today was a 'disciplinary' hearing or an investigative meeting? If it was indeed a disciplinary hearing, she should have been given the opportunity to be accompanied, however, as she was suspended after the meeting, I suspect it may have been investigative.

If the only evidence is the text that you quoted in your post, then I would suggest there is no evidence of bullying - more of handbags at nine paces, although that assertion is based on the information you have posted.

I am unsure as to how something out of work can result in potential disciplinary action unless of course if some criminal or other activity has been going on that could compromise her or the company's position.

Where do you draw the line between work and social activities conflicting?

Your GF should hear soon about the next course of action and I would imagine it will be a formal disciplinary hearing.

maninthestreet

Surely 24 hours notice is required for a disciplinary hearing???

Emmzi

it sounds like an investigative meeting to me and a letter outlining the formal hearing should follow.

It is completely in order to expect employees not to be abusive to each other outside the workplace, as it impacts inside the workplace, so this is a valid investigation.

pelirocco

if it was a disciplinary she should have been given 48 hours notice , information as to what the disciplinary was about , and the right to be accompanied by a union official or a work colleague.

I am assuming your gf will also be accusing the other girl of bulling

Sunshine12

Perlirocco, I was just about to say that too.
Your girlfriend surely can suggest that the things this girl was saying about her was also bullying and she was merely defending herself.

longwalks1

HO87 wrote: »

Interesting. Suspension should carry with it no sanction. As an employee she is entitled to continue to enjoy all benefits of being an employee and this does not change simply because she is suspended. This would include use of a company car, for example or, as in this case, an employee discount scheme.

Was your gf notified at any point that the meeting had become a disciplinary meeting or was it simply an "investigative" meeting? If indeed the meeting went "formal" then she is entitled to have written details of the allegation against her (copy statements etc) and to have someone to accompany her by way of a workplace colleague or accredited union official.

cheers people
HO87
I thoguht the same, card taken from her, walked to locker and emptied and her key taken from her, surely this is baiscally being dismissed? Why was she treated this way if she isnt actually sacked? She has a formal disciplinary next week (Thursday 4pm) in Central London, she works in Hertfordshire, can they ask her to travel this far to her disciplinary? Her manager says it'll just be my gf and her manager, im assuming a note taker too? Should my gf be offered option to take in another person, colleague or union rep?

Thanks again everyone with this, as you can imagine she's home in tears at the moment and I hate seeing her like it, thanks again