disciplinary help please - SUSPENDED!!!

jdturk

greendollar wrote: »

Don't be quick to rush to the Tribunal Service .... if your girlfriend is sacked then she has the right to appeal the decision , which she must do .
Its up to you but the appeal would be the place to bring up your points about the company not following proper disciplinary procedures and any other complaints you have about her treatment .
This will most probably be enough to overturn any dismissal and she keeps her job , if not you can demonstrate to the tribunal that they were made aware of their "mistakes" but still dismissed your girlfriend anyway .
Making a claim to the Employment Tribunal Service is easy and free , just go to their website and download a claims form .... but be warned , it may take months (i've been waiting 21 months) to have your claim heard but the advice given to me was to wait until the end of the 3 month time limit before putting your claim and show the Tribunal that you have only put the claim in because you exhausted all other avenues in trying to resolve your problem with the company amicably .

good luck

I think but could be wrong that appealing is not actually a requirement anymore but it is recommended that you do so anyway

Flower_Pot_3

Hey bboy,

Just read this thread with interest, it sounds shocking how your gf has been treated, particularly as she has been signed off with stress and depression in the 1st place!
I don't have much advice to offer as don't have any experience in such matters, however surely common sense would prevail in this instance and that your gf's company realise how ridiculous they have been.

I just wanted to offer my support anyway as I think a few people on here have been a little judgemental and harsh in their comments that are 'supposedly' meant to help?!

I understand the disciplinary was yesterday, I hope it went in your gf's favour and that she makes a speedy recovery following this difficult time

longwalks1

Thanks Flowerpot for your support, yeah I get what your saying about a select fews comments but me and gf talked about it today and if we was reading from the 'outside' we might well question the OP too, its actually too crazy to think is actually happening! We've had some great advice so far, and very positive comments from so many people, we're really taken aback by it all to be honest

Thanks everyone, and special thanks to those of you who've offered help and support and even taken time out to reply or even PM me

longwalks1

Sorry forgot to add, gf was back at the doctors and has been signed off for 2 more weeks, with stress and depression (cue a few critical comments haha)

yellowduck_2

Hi Britishboy, have been following this thread and I think your girlfriend has been very badly treated and thank goodness she had you on her side and taking care of her. I too have found some off the responses re stress and depression rather harsh, if she is signed off sick that should be the end of it. Work related stress is hideous, it dominates your every waking hour and really impacts on your quality of life. Good luck to your girlfriend and take care of yourself too.

viktory

Uncertain wrote: »

A final option is to suggest to the firm that she will go quietly for a modest settlement (compromise agreement). This would bring the matter to a fairly swift conclusion and avoid the feeling that she has walked away with nothing. If her doctor feels the firm are making her ill this may concentrate their minds.

I spoke to ACAS about this relating to a grievance issue with my husband and his company. ACAS said that to talk about financial incentives to leave the company indicates you (the complainant) feels that your case is weak. Equally, if a company pay you to leave (other than normal redundancy) then they are as good as admitting liability and would therefore not entertain the idea.

If the OP's G/F feels she has a genuine case then she needs to pursue it all the way.

Uncertain

viktory wrote: »

I spoke to ACAS about this relating to a grievance issue with my husband and his company. ACAS said that to talk about financial incentives to leave the company indicates you (the complainant) feels that your case is weak. Equally, if a company pay you to leave (other than normal redundancy) then they are as good as admitting liability and would therefore not entertain the idea.

If the OP's G/F feels she has a genuine case then she needs to pursue it all the way.

Obviously I don't know the details of your case and this may well have been good advice for you. However, as you phrase it here, this is a sweeping generalisation.

There can be all kind of reason why disputes are settled rather than fought to the bitter end. Both sides may realise (although won't admit it) that they are in a lose - lose situation. Unless the claim it totally without merit it will cost the employer a considerable amount even if they ultimately win. They will (if they are sensible) balance this with whatever value they feel is obtained by demonstrating to other staff that they are not a push over. Depending on the circumstances they may want to keep the matter confidential to avoid bad publicity. It it goes to a tribunal it is held in public.

From the employee's point of view taking a claim to a tribunal will involve them in a great deal of stress over a period of many months. Unless they have insurance or are going it alone they will be incurring legal expenses. They will get threats about the employer seeking costs and this will be a worry (although the chances of costs being awarded are less than 5%).

In many cases, some kind of compromise is the best answer. Every compromise agreement I've ever seen makes it clear that there is no admission of liability and includes an agreement that both sides will keep the matter confidential.

Far more employment disputes are settled this way, either by a formal Compromise Agreement early on, a similar deal brokered by ACAS after a claim is launched or a deal "on the steps of the court". Only a minority get to a tribunal decision.

jdturk

Uncertain wrote: »

. Unless the claim it totally without merit it will cost the employer a considerable amount even if they ultimately win.

If you are talking money then this is not neccersarily true as stated before, if you are talking time and effort then whatever the outcome it will cost the company some of that

viktory

Uncertain wrote: »

Obviously I don't know the details of your case and this may well have been good advice for you. However, as you phrase it here, this is a sweeping generalisation.

There can be all kind of reason why disputes are settled rather than fought to the bitter end. Both sides may realise (although won't admit it) that they are in a lose - lose situation. Unless the claim it totally without merit it will cost the employer a considerable amount even if they ultimately win. They will (if they are sensible) balance this with whatever value they feel is obtained by demonstrating to other staff that they are not a push over. Depending on the circumstances they may want to keep the matter confidential to avoid bad publicity. It it goes to a tribunal it is held in public.

From the employee's point of view taking a claim to a tribunal will involve them in a great deal of stress over a period of many months. Unless they have insurance or are going it alone they will be incurring legal expenses. They will get threats about the employer seeking costs and this will be a worry (although the chances of costs being awarded are less than 5%).

In many cases, some kind of compromise is the best answer. Every compromise agreement I've ever seen makes it clear that there is no admission of liability and includes an agreement that both sides will keep the matter confidential.

Far more employment disputes are settled this way, either by a formal Compromise Agreement early on, a similar deal brokered by ACAS after a claim is launched or a deal "on the steps of the court". Only a minority get to a tribunal decision.

You may be right but I felt it was important for the OP and his girlfriend to see it from a different perspective and have a different opinion. Once you have mentioned a pay off your case is immediately weaker.

Uncertain

jdturk wrote: »

If you are talking money then this is not neccersarily true as stated before, if you are talking time and effort then whatever the outcome it will cost the company some of that

Well I agree some employers may be insured against this or have some HR "package" that deals with such claims. However, even then it will probably push the cost up in the future.