Disciplinary meeting whilst signed off with stress?

donnaessex

Hello everyone.

Further to this thread - https://forums.moneysavingexpert.com/discussion/2805414 about my sister being disciplined following a poorly thought out decision, my sister has been fighting the allegations.

She has got her union representative involved, and has had two meetings at work where she had to put her side of the story across. The final meeting is tomorrow.

Today she has had a bit of a mini breakdown and I took her to the doctors where she has been signed off for two weeks with stress and also been prescribed diazepam to calm her down a bit.

We have called her Union rep but he's not in today and they said they will get someone to call her this afternoon but I'd like to know what your thoughts are in the meantime please.

Will they go ahead with the meeting even though she has been signed off sick? Should the Union rep go in her place? Or will they reschedule the meeting?

Emmzi

they *can* hold it in her absence. If the interview statements etc are all done, and the evidence is clear cut, they may well, and under the circumstances, may decide to dismiss. The problem is the employer needs to be seen to be taking action on this one.

Best hope is to make it in if they cannot/ will not postpone and throw self on mercy swearing never to do it again & citing lack of training/ guidelines in part. Will depend if the union can run interference saying they dont have a rep available, until she feels well enough to attend.

SarEl

She has been signed off from her normal work, not from disciplinaries, and unless the doctor has said that she is specifically unfit to attend one then the employer may go ahead. However, she is entitled to ask for a postponement until she is better able to cope, and an employer would be foolish to refuse such a request - it doesn't necessarily make a dismissal unfair, but it does get very close the line, and close enough that it may be considered unfair unless she continues to be unavailable.

That said, if her union rep can deal with it and/or she is able to attend, I would argue that getting it over with is better. She is unlikely to be able to get "less stressed" by a postponement, and is likley to get more stressed.

MrRedundant

So what is your sisters solution? Never have the discliplinary?
I feel going ahead tomorrow is justified and the best for everyone. Your sisters work related stress is going to stay until the problem is sorted.

zzzLazyDaisy

Few employers will proceed with a disciplinary meeting in the absence of an employee who is off sick with stress.

This is especially so, if the incident may lead to dismissal.

Why? Because the employer has a legal duty to carry out a full investigation, which includes giving the employee a full opportunity to state her case, before coming to a decision. If they go ahead regardless, and end up dismissing the employee, they will have difficulty in showing that they followed a fair procedure if the employee subsequently goes to a tribunal.

The situation may well be different if the employee is off with a broken leg, for example, as this would not necessarily prevent her from attending the meeting and putting her side of the story across. But where someone is signed off sick with stress, a tribunal will generally accept that this also means they are not in a fit state to attend a disciplinary.

donnaessex

Thanks everyone for your input. She is going to the meeting today, albeit with a small dose of diazepam to calm her down. She has since my first post been told that another girl was called in for a meeting for the same issue, with the same client - i.e. both my sister and the other girl were asked to withdraw money for the client and did so without getting her to sign a financial disclosure form. This girl resigned in the first meeting.

She knows she will be fired but she's so upset and feels that this is just an excuse to get rid of her and the other girl to avoid redundancies. But how can she take on an organisation as big as the NHS?

Uncertain

donnaessex wrote: »

. But how can she take on an organisation as big as the NHS?

Sometimes that is easier!

With a small organisation thing are, inevitably, very personal. The employer often feels that the errant employee (as they see it) is trying to steal the fruits of his labours or even the bread from his children's mouths! Often you will see them spend large amounts of time and money defending claims that could easily have been settled at far less cost.

With a huge organisation is is more down to policy and the bigger picture. The tend to realise that they are in a no win situation against a really determined individual. There chances of getting their costs are next to zero and, even if they did, it would be a token amount and only then if the ex employee has the ability to pay.

If the employee really digs in and fights sooner or later somebody will want to get it off their desk and authorise a settlement. An individual with time on his or her hands can really make their lives hell with a bit of research and determination!

donnaessex

Thanks Uncertain. I'll read your post to her - it might make her relax a bit.

Googlewhacker

If she is stressed now and does decide to go down the tribunal route then she will most likely get even more stressed in the attempt!!!

donnaessex

Googlewhacker wrote: »

If she is stressed now and does decide to go down the tribunal route then she will most likely get even more stressed in the attempt!!!

Yes it is a stressful time (I've been there for something totally different), but she has nothing to lose now and everything to gain.

She has been sacked for gross misconduct and has a meeting with two union reps this afternoon to discuss the outcome. She will have to appeal, obviously, but she's just happy its all over and she doesnt have to see them for a while now. I feel so sorry for her - she loved that job.