Dubious Disciplinary

richardvc

Hi All


My OH is working for a dreadful company who treat her appallingly and have consistently upped her workload, expect more from her than the job description and are renowned for flouting the law in their business and how they operate.


They seem to be a law unto themselves with inappropriate conversations to her and a general belief that no one can hold them to account.


She went to a 'review' meeting about her role and has ended up with her first written warning.


She wasn't aware that this was a disciplinary hearing, consequently she was denied the chance to take anyone with her.


Certain things were discussed and she has now received a letter which states "in accordance with your contract I have now issued you with your first written warning"


There is also no reference to her right of appeal in this letter.


This has had a terrible effect on her and she is beside herself with frustration AND anger.


What can she do ? What are her rights ? Will this effect her job chances elsewhere ?


She now wants to find an opportunity elsewhere BUT doesn't want this on her record as it is totally unjust.


She works far more hours than contracted to try and keep up with the workload whilst being treated with little respect and certainly no thanks.


I really feel for her and hope someone can come up with some reassuring advice and hope for the future.


Thanks in advance

fruitedeli

What was the written warning for? How long has she worked there? What inappropriate conversations were you talking about? Sounds very one sided and vague.

Acc72

The usual question first : how long has she worked at the company ?

Also (just out of interest) what type/size of company is it ? - eg. is it a large Plc, do they have a HR department etc. or is it a one-man band ?

richardvc

fruitedeli wrote: »

What was the written warning for? How long has she worked there? What inappropriate conversations were you talking about? Sounds very one sided and vague.

1. Performance issues


2. Two and a half years


3. Sexual comments to and about her and unwanted physical contact


I was really asking if the procedures had been followed correctly and if she has any right to reply and not so much if the issuing of a written warning was correct or not.


It would sound one sided as she is only one side of the argument BUT everything I have stated happens to be true.


As I am sure you understand, this is a delicate issue and I do not want to say too many things in a forum.

richardvc

Acc72 wrote: »

The usual question first : how long has she worked at the company ?

Also (just out of interest) what type/size of company is it ? - eg. is it a large Plc, do they have a HR department etc. or is it a one-man band ?

2.5 years


Not a large Plc - has roughly 20 / 30 employees and no HR department.

fruitedeli

richardvc wrote: »

1. Performance issues


2. Two and a half years


3. Sexual comments to and about her and unwanted physical contact


I was really asking if the procedures had been followed correctly and if she has any right to reply and not so much if the issuing of a written warning was correct or not.


It would sound one sided as she is only one side of the argument BUT everything I have stated happens to be true.


As I am sure you understand, this is a delicate issue and I do not want to say too many things in a forum.

Any witnesses on the sexual harrassment bit? Before taking things further she should try to get a repeat of the sexual harrassment and record it covertly. It's a large payout if you have evidence of sexual harrassment at work.

Was she issued about verbal warnings before the written one, and did she fail to meet set out targets outlined in the verbal warning? Employer should have told her it's a disciplinary meeting. -____-

Acc72

I always recommend posting on : redundancyforum.co.uk

SarEl is an employment law barrister used to post here and is a great resource (not just for redundancy issues).

You will need to include all details - eg. it is not clear how / why your wife has been disciplined if there were "sexual comments to and about her and unwanted physical contact" (if I have read this correctly ?).

maninthestreet

24 hours notice is required for a disciplinary hearing, isn't it?

richardvc

fruitedeli wrote: »

Any witnesses on the sexual harrassment bit? Before taking things further she should try to get a repeat of the sexual harrassment and record it covertly. It's a large payout if you have evidence of sexual harrassment at work.

Was she issued about verbal warnings before the written one, and did she fail to meet set out targets outlined in the verbal warning? Employer should have told her it's a disciplinary meeting. -____-

No verbal warning at all.


Hence no targets that had been previously outlined.


Only witnesses with regard to the harassment are another employee who is on thin ice himself or a relation of the perpetrator - this is such a sordid mess.

Vectis

fruitedeli wrote: »

Any witnesses on the sexual harrassment bit? Before taking things further she should try to get a repeat of the sexual harrassment and record it covertly. It's a large payout if you have evidence of sexual harrassment at work.

Was she issued about verbal warnings before the written one, and did she fail to meet set out targets outlined in the verbal warning? Employer should have told her it's a disciplinary meeting. -____-

How would you suggest that she 'try to get a repeat of the sexual harassment'?

fruitedeli

Vectis wrote: »

How would you suggest that she 'try to get a repeat of the sexual harassment'?

Depends on what exactly was done and said to trigger the remarks in the first place. To bait someone you need to know what made that person behave inappropriately last time. Then some subtle body language or words will probably lead to the same behaviour displayed. Basic psychology.