Worried about Parent

donna_dynamo

Basically I need some help and guidence re employment isssues we are finding it hard to get any answers out of anybody. I will state as points.

1. My Mother was suspended from work on saturday 23rd September at the time the manager and assistant manager did not make any notes and she was not told that the meeting was an investigation at this time she was suspended. Can her employer then produce notes made after that meeting that my mother has not signed and state that these are fact?

2. My mother has been to the doctors and has been signed off as sick with depression due to work issues. Can her employer now call her in for a disiplinary meeting while she is sick also would she be entitled to ask for someone to attend with herthat is not a collegue or union rep as she is not in a union and all the staff at her workplace are related to the manager?

3. Her employer when she went to the first displinary meeting monday did not provide her with any notes or statements that had been made by my mother or others. Is her employer legally obliged to provide her with these notes?

Any answers to these issues would be most helpful as i am very worried about my mothers health at the moment.

Pricivius

In answer to your points:

1. The employer can produce notes from a meeting and suggest they are correct. If your mother does not agree that they represent an accurate account of the meeting then she should point this out and clarify what she is unhappy with.

2. Yes, the employer can ask your mother to attend a disciplinary hearing whilst sick. The GP has said she is not fit for work, not that she is not fit to attend a meeting. If your mother can get a note from her GP confirming she is not fit to attend the meeting, then this will help get her out of the meeting but it would be surprising that a GP would be prepared to do so. Your mum can possibly get put the meeting off a couple of times by stating she is not fit to attend, but it is very unlikely that she can put it off indefinitely. An employer is not expected to hold the matter in abeyance for a lengthy period and can hold the hearing in her absence if she refuses to attend.
Your mum's employer must not refuse a reasonable request for your mum to be accompanied by a union rep or colleague. That's as far as the law allows. Saying that, there is nothing to stop your mum requesting that they allow her to be accompanied by a family member or friend, particularly in light of her ill health. But there is no obligation on the employer to allow her to do so.

3. I am not sure what you mean by notes. Your mother should be given a copy of all documents the employer has discovered during the investigation and intends to rely on. If they have taken witness statements from colleagues, your mum should be given a copy. Your mum should ask for all the information they are relying on.

I would suggest that your mum takes control of the situation - people offer struggle in these situations because they have lost control. I hope that helps...