My Daughter needs help please

Missme

CFC wrote: »

I think she was lucky that it wasn't alleged Gross misconduct - if it had been my hearing, it would have been.

Granted, but that's what an investigation is supposed to determine.

As I read matters, they ballsed up procedurally - so you notice your procedure is lacking but you 'do' the employee with the flawed procedure anyway? Smacks of the agenda fannyadams suggests.

makeyourdaddyproud

Missme wrote: »

Granted, but that's what an investigation is supposed to determine.

As I read matters, they ballsed up procedurally - so you notice your procedure is lacking but you 'do' the employee with the flawed procedure anyway? Smacks of the agenda fannyadams suggests.

... And the OP ballsed it up by not attending the meeting asked of her.

This looks like an admission of guilt to me.

Accept it, learn from it, move on.

philip1988

makeyourdaddyproud wrote: »

... And the OP ballsed it up by not attending the meeting asked of her.

This looks like an admission of guilt to me.

Accept it, learn from it, move on.

If you read my opening post you will see that she was and still is suffering from severe morning sickness. In fact she had to go the the doctors the previous afternoon. I do believe that you are legitimately allowed to ask for a rearrangement for being sick. If they were to hold this against her would it not be a clear case of discrimination against someone who was pregnant.

The company have a history of getting rid of girls who are pregnant so they don't have to pay maternity pay

Savvy_Sue

Is she in a union, and what do they say? if not why not? Surely in care work it's foolish not to join ...

jobbingmusician

My view?

It is NOT reasonable to plan a disciplinary meeting at a day's notice, as it does not give the 'accused' time to arrange someone to attend with them. I assume the letter calling her to discplinary advised her of the right to be accompanied?

Escalating a disciplinary because of an offence (failing to attend because of morning sickness) which is related to pregnancy is likely to be sex discrimination, which means that the OP's daughter may have a case against the employer if dismissed regardless of her length of service.

philip1988

Savvy_Sue wrote: »

Is she in a union, and what do they say? if not why not? Surely in care work it's foolish not to join ...

Unfortunately she isn't, neither are any of the other care assistants. A case of "horse bolted" but probably a good idea

philip1988

jobbingmusician wrote: »

My view?

It is NOT reasonable to plan a disciplinary meeting at a day's notice, as it does not give the 'accused' time to arrange someone to attend with them. I assume the letter calling her to discplinary advised her of the right to be accompanied?

Escalating a disciplinary because of an offence (failing to attend because of morning sickness) which is related to pregnancy is likely to be sex discrimination, which means that the OP's daughter may have a case against the employer if dismissed regardless of her length of service.

Thanks
I agree, it is also against the ACAS guidelines on disciplinary procedures not to give reasonable time to prepare for the meeting.

It would be difficult to prove this was the reason for escalating the charge as my daughter was only told verbally by her manager. When she raised it at the meeting they said that they had been advised by their employment solicitor that the charges warranted gross misconduct. One could ask why hadn't they consulted with the solicitor before sending the first letter.

As I said difficult to prove but one to keep "on file" for possible use in the future

CFC

Your daughter was given 24 hours notice which is adequate as far as reasonable time for preparation goes. it was then rearranged for later at her request.

The points she wants to raise are:
a. How the disciplinary charge was "grossed up" unfairly - if she really feels it was unfair she should raise a grievance, however I think they will simply say that the first letter was a mistake. At the end of the day, it is down to the employer as to whether is it misconduct or serious misconduct or gross misconduct. In my mind there is no doubt they were right to treat the allegation as gross misconduct and if they ran it at that point past their solicitor they will undoubtedly have pointed that out, ie I believe it.
b. how they haven't taken into account about how she explained how she dealt/spoke to the boy and they are taking the side of a witness who isn't trained in how to care for the boys and whose evident can't be collaborated - she should appeal if she wishes, however again all she is saying is that they believed an unbiased witness more than they believed her. It is their right to decide who to believe - it is all about the balance of probabilities and not about absolute proof.
c. the company failed to provide correct infection control facilities and how her manager should have advised her if a special arrangements should have followed eg gloves etc - she can raise a grievance about this ie she was exposed to risk, and/or appeal

When it is a member of your family it is natural to take their side in everything, but when you look at it from outside not knowing any of the parties but just the facts related here, the picture looks totally different.