My sister's work problem. UPDATE

kitchpoo

My sister works in a large stationary shop and is having problems.

Last month she had an "enquiry" which was about putting yellow paper through the till to get the price for the red paper because the red paper was not priced. They claimed she had lost them money. How, I am not sure - there was no manager there at the time and so wrote a note saying what she had done.

On Friday she was told that she had another "Enquiry" tomorrow (Tuesday) as she doesn't work Mondays. She has been worrying about it all weekend. What gets me is that they won't tell her what it is about and she has been racking her brains trying to figure out what she has done this time!

She is a quiet, sensitive girl who works hard but quietly, never makes a fuss but unfortunately doesn't always stand up for herself which is her down fall.

I suppose what I am asking is this - in that sort of situation - are they in their rights to not tell her what the "enquiry" is for? She won't have had a chance to sit down and think about it which will mean that she will be caught off guard and probably won't know what to say!

This is from the managers who leaver he standing outside the front of the shop in the morning because they are always late.

Makes me so mad!

Sorry to go on - I just feel sorry for her because she doesn't deserve this.

Thanks for any comments.

Shazmar_2

Tell your sister to join a Union (Usdaw is the union for shopworkers) she can join online here http://www.usdaw.org.uk/ just click on join on left of page. Once she has joined she is a member immediately and can therefore contact them for advice and representation. She must then inform the shop manager that she needs details of what the enquiry is about so she can inform her union to get representation which she is entitled to do by LAW, and that therefore Tuesday will be too early to get the necessary advice from her union and therefore another date for the enquiry will need to be arranged. The Union may not be willing to take on this case as the problem occurred before she joined but they will advise her on what steps to take. At the very least it will make the management of the shop think twice about what they intend to do or say. The cost of being in a Union is roughly £2 per week if you are full time and less for part time. Look at it as insurance, you hope you will never need it but you know help is there if you do.

ckerrd

You can also get advice from the ACAS site, it is very good.

If she is being accused of something there are procedures that should be followed, by any employer.

kitchpoo

Thanks...she has gone away to join USDAW and I found an interesting bit on ACAS that states that she should have had something set down in writing about what she is alledged to have done wrong and that the length of time between receiving the letter and the meeting should be adequate to prepare. She has no idea what she has done??!!
So as this meeting is tomorrow, what do you think she should do that won't land her in any more deep water?
This is one of many unfair things they have done to her...she is looking for another job but obviously needs the money!

ohreally

It sounds as though management may be convening an investigatory hearing. Your sister should be notified in writing of the purpose of the investigation and whether there is a posibility of the outcome leading to a disciplinary hearing.While these hearings are routine, i realise the impact they can have on staff, stress, morale etc.
The RMT have quite a good pro forma which she can maybe take some pointers from ahead of her hearing...http://www.rmtbristol.org.uk/2000/01/right_to_be_accompanied_at_inv.html

firesidemaid

hi there

the company must have a disciplinary policy and staff members must be given a copy when any part of it is to be instigated (including an 'enquiry').

they must follow their own policy and general employment law/regulations also.

by law, they have to inform you of your 'right to be accompanied' - imperitive to have an independent witness present. it is 'illegal' for them to refuse your witness in employment law terms.

their policy will set out procedures to be followed. generally, when they inform a staff member of an issue, there will probably be a preliminary meeting to let you know the details in full and allow you to also respond to the matter. they would then decide if they need to take the matter futher and if they need to collect evidence etc - you should be kept informed at all stages (preferably in writing or they will have no evidence).

they have to set a meeting within a reasonable time scale for you to attend and have a witness. your sisters case sounds a bit like harrassment.

is it a large company? do they have a human resources dept? often employers are rubbish at employment law and this is normally in your favour.

the unison and tuc websites are also full of info, and the acas telephone helpline is also useful.

good luck to your sister and let us know how she gets on x

kitchpoo

I agree with the harrassment and a bit of bullying because unfortunately, due to her shy nature, she finds it hard to stick up for herself, therefore she is an easy target.

They told her after working there for a year that she was on a 30 day trial period. My sis worried her way through that period and at the end of it...well...nothing....seems as if it was an empty threat.

Thanks for your comments.

Oh and yes, it is a big well known chain of stationers!!

kitchpoo

Thanks ohreally....(didn't see your post when I wrote the reply)
That form is useful.
I think she has a right to know what on earth this is all about rather than a throw away comment to her as she is leaving on Friday leaving her stressed out for the whole weekend. Makes me mad how people get treated by management that are not perfect themselves.

kitchpoo

Ok. So she had this meeting...apparently she overchanged someone.
Today she has been given a final warning. She has not had any warnings from them before so I can't see how it can be a final one. She is awaiting forms from USDAW who are taking an age! She is going to phone them this afternoon.
Am I right in thinking that a final warning can't be final if it's her only warning she has had from them? Especially when she has never had anything in writing?

cazziebo

You can go straight to final warning if the misdemeanour is serious enough - however a genuine error like this shouldn't be construed as that serious - in my opinion. Does she have a copy of the disciplinary policy? there should be examples given there of what is serious enough to be final warning.

Shazmar_2

Tell your sister to appeal the warning on the grounds she was not informed that it was a disciplinary meeting, (an enquiry is not a disciplinary). She was not informed of her right to be represented (I'm assuming this). As she did not know it was a disciplinary she was not given the opportunity to review any and all evidence against her so the whole procedure would not be seen as legal. Tell her to do this immediately as most companies have a 5 day cut off for appeals. The appeal should be held with someone not involved with the original disciplinary hearing, this will probably mean someone from the company but external to the shop.

Why is she waiting for forms from USDAW she can join immediately online, see my previous post. If she cannot get representation from USDAW as it is something that was going on before she became a member then see if someone else in the company will represent her, or if you will be allowed to go in with her.

As a matter of interest how much was the overcharge and how did they know it was down to her? Unless it was an extraordinary amount then anyone with no grudge to bear would see it as a genuine mistake.