Can an employer do this

Mrs_Chip

Clearly makeyourdaddyproud you cannot read. It is not me - if it was me I would say so.

She had witnesses to the incident who were prepared to tell the truth about what happened, but although everyone involved knew who was there, there was no opportunity for them to make a statement, and nor did the person who dealt with the appeal ask for them.

She is not a whisltle blower - she just wants to be treated fairly which is not unreasonable I don't think. Neither is she belligerent, unlike you.

Mrs_Chip

Thanks everyone - obviously most people here feel my friend is being totally unreasonable to expect a fair hearing.

She is considering taking out a grievance - although she was warned if she did she would lose her job.

How she can do so with the gagging element of her sanction is beyond me but as no-one here has actually answered my question I will look elsewhere for the answer - I was rather hoping that a HR expert might be able to give me a sensible answer, I didn't realise that this board is populated by holier-than-thou numpties.

Takeaway_Addict

Mrs_Chip wrote: »

Thanks everyone - obviously most people here feel my friend is being totally unreasonable to expect a fair hearing.

She is considering taking out a grievance - although she was warned if she did she would lose her job.

How she can do so with the gagging element of her sanction is beyond me but as no-one here has actually answered my question I will look elsewhere for the answer - I was rather hoping that a HR expert might be able to give me a sensible answer, I didn't realise that this board is populated by holier-than-thou numpties.

As Getmore4less has said, the only option I see is that she has is a grievance and even then there is really little she can do if that does not go in her favour. In the very long run she could possibly resign under constructive dismissal but it doesn't sound like she is anywhere near this.

Does she really not know what the reason was for the disciplinary?

Or to move on. I'm not sure employees can be gagged on this (unless there is sensitive information).

Remember, this is a board where anyone can post, if she wants qualified information then she needs to pay for it, either via subs to a union or to pay a solicitor.

Mrs_Chip

Thank you Takeaway_addict.

There is no sensitive information. To take a grievance forward she needs to know if they can invoke immediate dismissal, considering part of her grievance would be that the processes were not follow because of the person being complained about. She will consider her options and go with her conscience.

I realise anyone can post, I did not realise they would post in such an unpleasant way to a straight question. I thought the point of this board was to give advice to avoid unnecessary costs for those who cannot afford them. Seems to me it's just a place for some people to get off on being obnoxious.

Takeaway_Addict

Mrs_Chip wrote: »

Thank you Takeaway_addict.

There is no sensitive information. To take a grievance forward she needs to know if they can invoke immediate dismissal, considering part of her grievance would be that the processes were not follow because of the person being complained about. She will consider her options and go with her conscience.

I realise anyone can post, I did not realise they would post in such an unpleasant way to a straight question. I thought the point of this board was to give advice to avoid unnecessary costs for those who cannot afford them. Seems to me it's just a place for some people to get off on being obnoxious.

An employer can do what they like, whether it is legal or not is a different matter and then the redress to put an error right can in itself be costly in both money and time and stress to the employee.

I say this all the time, your friend needs to detach herself slightly from the situation and think as if her work career is her own business. Is it worth fighting for, would she gain any extra money by doing so or would accepting the situation for what it is and looking at how to make this best (i.e, staying where she is, moving on etc).

Businesses on the whole think without emotion and take the best course of action for itself, it might be worth your friend doing this and seeing what her options are, at least this way she doesn't plough down one particular route without actually thinking what other choices she has, if she still decides to raise a grievance etc then at least again she has thought about the options and consequences.

getmore4less

Mrs_Chip wrote: »

Thank you Takeaway_addict.

There is no sensitive information. To take a grievance forward she needs to know if they can invoke immediate dismissal, considering part of her grievance would be that the processes were not follow because of the person being complained about. She will consider her options and go with her conscience.

any employer an do that at any time do those making this threat have that power?

to deal with that if it happens is an appeal and ultimately a ET.

The issue is there was an incidence is the new sanction proportional or not.

Stick to that issue if still not happy a new appeal.

As for further action it is down to who has the clout and if this went higher who would the higher ups protect.

if your friend does not understand the politics/pecking order they may not come out of this with the result they want.




Constructive dismissal is a non starter.

ohreally

Management rarely react well to being shown up and exposed as donkeys/ incompetent - food for thought before making a rash decision.

What sanction are they applying after the appeal was upheld?