disciplinary help please - SUSPENDED!!!

longwalks1

Emmzi wrote: »

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.

Cheers again Emmzi
It was invcestigative meeting first today at 11am for an hour, adjurned for an hour, then back in at 1pm for 11 minutes to be suspended and have her discount card and locker key taken from her. She hasbeen told a letter will follow in post detailing her disciplinary next Thursday in Central London.

The text was actually in defense and i see your point on workplace relationships, they havent spoke for a while anyway, and this is out of the blue

bristol_pilot

There is actually very little a Company can do to discipline someone for something they did outside work unless they break the criminal law or bring the Company into disrepute. So beating someone up could* result in a disciplinary, but sending a text from one personal mobile to another personal mobile (I take it that neither phone is Company property) would not. Bullying, if established, could arguably count as bringing the Company into disrepute and so subject to a disciplinary, but it would have to be established that it actually constituted bullying which means the text would either have to have a very serious abusive content (such as racist abuse) or be part of a repeated pattern of behaviour. Simply sending a text out of work that someone didn't like is none of the Company's business.

* there is actually a case where someone punched his manager outside work and the dismissal was ruled unfair due to it being outside work.


PS they may have it in for her anyway as she has been sick for a long time.

longwalks1

dpassmore wrote: »

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

cheers dpassmore
only thing was the text, and that was in retaliation of this girl bad mouthing my gf infront of a large group of friends, good friends. No legal or criminal involvment has happened, its like you said, handbags at 9 paces. I too am unsure how they can suspend (and possibly sack) my gf for sending a text out of work hours, non work related??

If she is dismissed next week, is there grounds to appeal? Already considering raising a grievance against her manager who should be defending gf and listening to both sides of the story, not taking sides

longwalks1

bristol_pilot wrote: »

There is actually very little a Company can do to discipline someone for something they did outside work unless they break the criminal law or bring the Company into disrepute. So beating someone up could* result in a disciplinary, but sending a text from one personal mobile to another personal mobile (I take it that neither phone is Company property) would not. Bullying, if established, could arguably count as bringing the Company into disrepute and so subject to a disciplinary, but it would have to be established that it actually constituted bullying which means the text would either have to have a very serious abusive content (such as racist abuse) or be part of a repeated pattern of behaviour. Simply sending a text out of work that someone didn't like is none of the Company's business.
.

Thank you Bristol Pilot!! Finally!! Now, is there anywhere that is written down, we could use in her defense? I want to be as preparedas we can be for next weeks discplinary, and if I'm honest with you all, want to make both her manager AND the girl look complete idiots

Thanks again everyone

bristol_pilot

It is legitimate to suspend your gf while the allegation is investigated. This does not mean she will be sacked. If she is, she can take the case to an employment tribunal for unfair dismissal providing she has at least a year's service.

longwalks1

Thanks again, she has 7 years service with her counter (cosmetics), and when i say manager i mean her area manager for the brand she works for, and the other girl doesnt even work for the same cosmetic brand... and, belive it or not, my gf area manager, who suspended her today, has never even spoke to this other girl!!

bristol_pilot

Call ACAS for free advice.

http://www.direct.gov.uk/en/Dl1/Directories/DG_10010857

HO87

bristol_pilot wrote: »

Call ACAS for free advice.

http://www.direct.gov.uk/en/Dl1/Directories/DG_10010857

Seconded. Their advice line is open 08.00 - 20.00 weekdays, 09.00 - 13.00 on Saturdays. 08457 474747. Good, reliable and sensible advice from experts. You might have to spend some time on the phone but I believe it to be the best free and most consistent advice around.

viktory

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 could be classed as bullying.

Emmzi

britishboy,

g/fs best defence is to exclain WHY she texted, then show remorse and promise not to do it again. Unless there is back hostory we don't know of here (other complaints? snippy with customers?) I generally wouldn't sack for this but I would be telling her to behave more professionsally and grow up a bit! So if she has admitted sending the text - or they have seen it - no denying, no justifying. "I was angry and upset; I know now on reflection I shouldn't have and it will never happen again."

all this about legal defences etc - well that can drag out for months and months. best avoided if possible. I think both parties are at fault here so g/f should be the bigger person. Best chance of getting it to go away.