Claiming constructive dismissal

SkimmySim

Hi everyone after a little advice please...

My cousin works part time for a cleaning company, (she's been there for 3yrs) the company she cleans for have been moaning about the cleaners since ending of 2016, dec she received a written warning which she accepted and made changes where needed. A few weeks later her manager asked her to meet for a quick meeting which she agreed to, on the day she wasn't able to make it (serious emergency) she advised them in the first instance (9am) but they said it was the follow up to the previous disciplinary and because they didn't want to travel down any other day she had to go!! she went. A day later she received a letter saying that after attending the disciplinary hearing she had received a final written warning!

Firstly she wants to know if they can "ambush" her like that? Secondly she knows they want to get rid of a lot of staff so if she left due to this issue would she be able to claim constructive/unfair dismissal??

Thanks in advance for any responses!!

annandale

They shouldn't be able to but they have done. She needs to get advice. What procedures did they go through when the first warning was issued. Does she have minutes of both hearings?

Tell her to have a look at the acas leaflets on disciplinary. She can access them online.

It's harder to win constructive dismissal cases than it is unfair. A tiny percentage of constructive dismissal cases win.

Does she have a copy of her employers disciplinary policies and procedures? If not I'd suggest she gets access to them asap

Guest101

SkimmySim wrote: »

Hi everyone after a little advice please...

My cousin works part time for a cleaning company, (she's been there for 3yrs) the company she cleans for have been moaning about the cleaners since ending of 2016, dec she received a written warning which she accepted and made changes where needed. A few weeks later her manager asked her to meet for a quick meeting which she agreed to, on the day she wasn't able to make it (serious emergency) she advised them in the first instance (9am) but they said it was the follow up to the previous disciplinary and because they didn't want to travel down any other day she had to go!! she went. A day later she received a letter saying that after attending the disciplinary hearing she had received a final written warning!

Firstly she wants to know if they can "ambush" her like that? Secondly she knows they want to get rid of a lot of staff so if she left due to this issue would she be able to claim constructive/unfair dismissal??

Thanks in advance for any responses!!

1: What is the company policy
2: What was the warning for?
3: Was she scheduled to work that day? (the final hearing)
4: She left? - I don't think she has a claim. She should've gone through the grievance procedure

annandale

She hasn't left. Still employed by the company

SkimmySim

Thank you both...

She hasn't left yet but knowing they are using any means necessary to get rid she is weighing up her options...

Her employer handbook has no procedures in regards to the disciplinary hearing but it does in regards to the outcomes...

She works evenings they wanted to meet in the am so during her time!!

She has written an appeal and a grievance but doesn't think it will amount to anything!

The first disciplinary she was sent a letter with four days notice of the meeting and the option to have a fellow worker or union rep.. this last time it was a text message and not allowed to have anyone with her!

annandale

You have the right to be accompanied at a disciplinary hearing. It's the law.

Guest101

SkimmySim wrote: »

Thank you both...

She hasn't left yet but knowing they are using any means necessary to get rid she is weighing up her options...

Her employer handbook has no procedures in regards to the disciplinary hearing but it does in regards to the outcomes...

She works evenings they wanted to meet in the am so during her time!! - Was she paid for this? If not does this take her below the NMW ?

She has written an appeal and a grievance but doesn't think it will amount to anything!

The first disciplinary she was sent a letter with four days notice of the meeting and the option to have a fellow worker or union rep.. this last time it was a text message and not allowed to have anyone with her!

She can always have a union rep, regardless

annandale

Is she in a union? If not I suggest she joins one asap.

SkimmySim

No she's not in a union is there any point when in the next 2-4 weeks they would have got rid of her!? She works 16hrs but she wasn't paid for going to the meeting... any of the meetings included the previous ones!!

annandale

Yes there's a point. The union can't deal with anything that's happened to this point but they can give her support from here on. She needs proper advice particularly as the company don't seem to be following any sort of proper procedures.

SkimmySim

I'll tell her to join... hopefully they can offer advice on what she can do!!