Can an employer do this

Mrs_Chip

Hi - I wonder of anyone can help with this question. I have a friend who has recently been taken through a disciplinary process by her employer, which resulted in her being found guilty of serious misconduct, which she appealed against. She appealed on the basis that the proper processes had not been followed, she still does not know what the complaint against her says, and none of her witnesses were allowed to give statements. She has now received the results of her appeal, which has reduced sanction and admits failings in the process but also says that if she speaks to anyone about the matter she will be instantly dismissed. Are her employers within their rights to stop her talking to anyone about what she has been through - which has made her quite unwell?

Takeaway_Addict

How long has she worked there?

Mrs_Chip

Hi - sorry, not sure but at least three years.

Mrs_Chip

Bumping - anyone know?

4372

If your friend still has the job, and still wants to keep it, would it not be the best advice just to accept the formal sanction and quietly get on with the job?

AllSpent

Just throwing a thought out.

Is it possible they (the employer) are concerned she may seek redress, using their failure to follow the policy and procedural path in a disciplinary process, as a basis for her case.

I think this could generally form the foundation of a good case if one were to take it further.

As for instant dismissal for speaking to someone about the issue. I think they would have a difficult time with that one. Who is the conversation limited to? Surely she can talk to a union rep (if they are a feature of her job) or a work-friend about it?

If she has worked there for three years, she may be in a better position, as the employer will be more aware of the possibility of unfair - or she chooses to go another route - constructive dismissal.

It may just be a case of poor and incompetent management, in which case, it could be worth just acknowledging the outcome and moving on from it. Not always easy, but one must choose one's battles carefully.

Hopefully someone with more concrete answers will be able to help.

pmlindyloo

What does your friend want to achieve?

She has been told that if she talks to anyone about it then she will be instantly dismissed.

It seems to me that they are saying that if she brings the company into disrepute then this would be gross misconduct.

On the face of it her 'blowing the whistle' about what happened would achieve just that. Whether, if it was taken to an Employment tribunal, the company would win their case is another matter as it would be up to a judge to decide.

But, as I said before, what does she want to achieve?

Talk about it, be dismissed, take it to an ET, ask for compensation? Her right, of course. Is she prepared for the stress, hassle, loss of job just to get back at her employer?

I notice she said that she had a reduced sanction. So, ultimately her employer still found she had a case to answer for. They messed up with their procedure and admitted it.

Being angry with the company and making sure that everyone knows what happened is not productive, in my opinion. It could cause a great deal of hassle in the workplace and this is the aspect that the employer might take - bringing company into disrepute and the possible resulting consequences.

What the company has done is not high on the list of needing to 'whistleblow'.

My advice, look for another job.

Or go to CAB and see an employment specialist but make sure your friend knows what they want to achieve.

quietriot

Mrs_Chip wrote: »

She has now received the results of her appeal, which has reduced sanction and admits failings in the process but also says that if she speaks to anyone about the matter she will be instantly dismissed.

"Don't tell anyone about this or you'll get fired"
*tells friend*

Mrs_Chip

Thanks All.

We have spoken at length about this issue since it started, and yes she did speak to me about it, and I can say that her speaking about it to someone else would not bring the organisation concerned into disrepute, but maybe would shine a light on certain managers and their own behaviour. a number of other staff have previously expressed their own experiences with this person, but did not feel they could take on the person concerned.

My friend is totally motivated by the ethos of 'doing the right thing' and feels it is a great injustice that this person is being allowed to bully other staff to the extent of making them ill.
She also feels very aggrieved that at no point in this process was she able to use witnesses to the incident to support her claim that the incident has been blown out of all proportion.

She is passionate about the work she does, but all this has left a nasty taste, and although she needs the money, she will start looking to work elsewhere. She can't afford to go to Tribunal, financially and for health reasons.

Does anyone know though - can an employer 'gag' an employee with regard to discussing a discp matter, not related to bringing the organisation into disrepute - i.e. just because they say it in the letter?

makeyourdaddyproud

Mrs_Chip wrote: »

Thanks All.

We have spoken at length about this issue since it started, and yes she did speak to me about it, and I can say that her speaking about it to someone else would not bring the organisation concerned into disrepute, but maybe would shine a light on certain managers and their own behaviour. a number of other staff have previously expressed their own experiences with this person, but did not feel they could take on the person concerned.

My friend is totally motivated by the ethos of 'doing the right thing' and feels it is a great injustice that this person is being allowed to bully other staff to the extent of making them ill.
She also feels very aggrieved that at no point in this process was she able to use witnesses to the incident to support her claim that the incident has been blown out of all proportion.

She is passionate about the work she does, but all this has left a nasty taste, and although she needs the money, she will start looking to work elsewhere. She can't afford to go to Tribunal, financially and for health reasons.

Does anyone know though - can an employer 'gag' an employee with regard to discussing a discp matter, not related to bringing the organisation into disrepute - i.e. just because they say it in the letter?

Use witnesses?

Do you really think another employee would put their own job at risk just to add credence to your cause. I sure as heck won't.

You have been told to take it on the chin and move on by an earlier poster, now after this post you now sound like a belligerent whistle blower.

getmore4less

Counter with a formal grievance if there is bullying.

Or appeal again saying the appeal process has not been followed properly.

Or move on.