Disciplinary advice

Rebecca01

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[Deleted User]

I don't undertand why the employer has the case against "putting herself at risk", and then why she has obtained evidence to prove the allegation.

I would look at what investigation has taken place first and also what type of business this is, is the manager conducting the meeting an idiot or have they worked in HR for many years and know just about everything.

You have not made it clear, is she sick? is she at work or not?
If she is at work then she must attend, however if she is off sick then she must inform them and they will advise of a more suitable date and time when she returns, if she is not returning for the fact that she does not want to attend the hearing then they made decide to proceed due to the nature of her sickness, i.e. the sickness is caused by the hearing and she is off sick because she does not want to attend the hearing.

I think you need to obtain a lot of info before anyone can know what the case is here. You are in the right place though of course!

Rebecca01

Hi

Thanks for your reply.

She wasnt sick on friday, but has been worrying about this incident for the last few months.
However since recieving this letter now she is very stressed and wants to call in sick but still go to the hearing at the end of next week.

She has the evidence she was put at at risk , has worried about it for a while, finally voiced her concerns with a manager and now my sister is up for a disciplinary.

She is not a trade union member.

ohreally

After reading your post, I am far from clear what has actually happened.

What is your sister being accused of? What are the circumstances leading up to the present point - to me, all is not clear.

Uncertain

Being off sick from work is not the same thing as being too unwell to attend a formal meeting.

If her doctor feels she is too unwell to attend the meeting then he needs to say so specifically.

Sick pay (if any over and above SSP) depends on her terms and conditions. She may be entitled to a certain length as a right (obviously subject to doctor's certificates etc) or it may be discretionary.

Longer term an employer can dismiss due to sickness absence but there are procedures that need to be followed if they are to protect themselves against a claim. This assumes she has been employed for more than a year.

Really need more details to advise further.

dickydonkin

Based entirely on the vague information posted:

It is an employees duty to inform their employer of any work situation which represents a serious and immediate danger to health and safety. (Management of Health & Safety at Work regulation 14)

Is there more to this situation?

I cannot comprehend as to why an employer has taken disciplinary action where an employee has highlighted a potential risk.

Rebecca01

She is being accused of accusing the company and another employee of putting her at a health and safety risk.

I dont want to say too much yet incase someone we know reads it.

Thanks for your replies.

We are shocked at why she is having a disciplinary. She thinks they want her to leave as she has become expensive.

JournalGirl

Is she being disciplined...or could she have misunderstood the letter. If she accuses someone else of not doing their job and putting employees at risk, is it possible she has been asked to give evidence at the disciplinary hearing for the other person. (Witness for the prosecution, so to speak)

Rebecca01

We did think that to but the letter says it is against her and she can have a union rep in with her if she wants .

A chemical was found at her work that is dangerous that she had been subject to for two months. The employer knew but didnt tell her. Further tests were done and more was found.
She asked why she wasnt informed and tester said she should have been given this certain document. She wasnt given it.

Anyway the chemical was dug out covered over , so the risk has proved negligible in the end.


My sister spoke to a manager in passing said she was worrying and that she should have been informed about exposure to the chemical and feels it was all just hushed up and brushed under the carpet.

Two days later she gets this disciplinary letter.

ohreally

If its a disciplinary, ask one of the on-site stewards to accompany her into the hearing in return for completing a membership form on the spot (may be required to pay some retro subs).

I still don't understand why a disciplinary hearing is being convened based the on account thus far.

Rebecca01

Thanks. I will tell her that.

We cant understand it either. It must be serious to accuse someone and the company of putting her at risk?

We have read and reread the letter and its definitely potential serious misconduct against her for making this claim.

Thanks to all for your replies.