Advice Re. Suspension Needed Speedily Please

gravitytolls

On behalf of sster:

Applied for a job, had interview, received email from colleague asking how interview went, and why did she want another job?

Reply ~ feels manager talks to her like a 5 year old adn feels unable to request time off if child sick or able to request leaving early for such situations, despite working through lunch and being owed several hours.

Friend suggested contacting HR.

Sister said didn't want to go down that route, would just keep looking for another job.

Friend spoke to HR.

HR spoke to sister, who repeated she didn't want to make a complaint, but agreed this is how she felt.

HR spoke to manager who said that was just sister's perspective, no one treated any differently.

Sister said, fair enough.

Went to work today to be given a letter stating she is suspended whilst investigation into using the internal email server to make derogatory remarks about manager.

Interview today at 2pm to find out whether she's losing her job.

Any advice gratefully received.

elsien

How long has she worked there as that makes a difference to what her rights are. Depending on when she started, if it's less than either one or two years, she doesn't have any employment rights.

If she's been there long enough to get employment protection today's meeting shouldn't be a disciplinary meeting at which it is decided it she's sacked or not. It is more likely to be an investigation after which it is decided whether to take it to disciplinary or not. Did the suspension letter give her any more information about procedure or a named contact while she's suspended.
She needs to get hold of her union if she's in one, and get a copy of the disciplinary procedure /IT policy so she can see exactly where she stands and what processes the company are likely to follow.
Bottom line though, she shouldn't be using the email system to complain about her boss, even if it's justified. Whereabouts this falls on the company misdemeanour scale depends on the companies policy.

gravitytolls

Almost three years.

No union I'm afraid.

She wasn't really complaining as such, she was merely responding a to a question asked of her by a colleague, and she was stating how she felt, rather than raising a complaint; nothing derogatory stated or implied about manager.

Thanks

elsien

Can she phone HR before the meeting, say she hasn't had a copy of the relevant disciplinary policies and procedures (which is bad practice if she's suspended) and double check exactly what today is about and where she stands? I presume the compnay has an IT policy that she has been told to follow?
If today is a disciplinary meeting she has the right of accompaniment and the right to ask for it to be delayed while she sorts this out. If its an investigation meeting then she doesn't have the right to be accompanied.

gravitytolls

The issue is really whether or not she made derogatory remarks, which I guess is down to interpretation?

She's not sure whether or not she had a copy of the IT policy?

elsien

gravitytolls wrote: »

The issue is really whether or not she made derogatory remarks, which I guess is down to interpretation?

Possibly. Does she have copies of the emails so that she can remember exactly what was said?
Also if the company is trying to steam roller things through and today is meant to be a disciplinary meeting, then insisting on the delay (she should have 48 hours notice) will give her a bit of breathing space to gather her thoughts and plan her defence. Really does depend what today's meeting is being seen as. Hence the need for her to check.

gravitytolls

She has no copies of emails, the company have terminated her email account whilst investigation s underway.

elsien

Then in her place I would say I couldn't remember exactly what was said and wouldn't be able to properly comment without seeing them again. She has to be careful not to agree to things or let people put words into her mouth. If they present her with the emails in the meeting if she sent them then she'll have to acknowledge that, but other than agreeing she sent them at this stage I wouldn't be saying anything more than that. Save that for the full disciplinary.
NB I don't work in HR and am not an expert in this area, so anything I suggest is just an opinion.

RuthnJasper

It doesn't sound like her friend is much of a friend if she went and grassed-up your sister to HR at the first opportunity.

Obviously the best thing would have been when the colleague asked about her interview to have said "I'm sorry that's a private matter", but that's academic now.

As someone else has said, it's really important for your sister to know whether or not she has received a copy of the company's IT "Acceptable Use Policy". If she HASN'T, it might be hard for them to discipline her on something she was never told was against the rules (although indiscreet).

Hope all turns out well for her. xx

Sinhanada

Contact HR straight away - she will need a copy of the grievance policy, IT acceptable use and email use (if applicable to the company).

Depending on the organisation (If it's public sector then this will apply) then she should be given 5 days written notice of any disciplinary meeting and also be given the right to representation either union or work place colleague. I accept she is not in the union but she should take someone neutral into the meeting.

I'd also question the validity of this friend as it appears that they have some sort of motive for passing this on without her consent?

It would also be useful to consider the RIPA act:

http://www.legislation.gov.uk/ukpga/2000/23/contents

This may be covered by their policies as mentioned above

Prothet_of_Doom

All I can say is, how unfair some people can be.