Never ending disciplinary case and employee suspended for 6 months

Uyuni

Would someone know what to do in these circumstances? 
My other half's manager has maliciously put her on a disciplinary case for gross misconduct. 
She went through a incredible unfair process all directed by her manager. 
at a disciplinary hearing, they couldn't make any decision as there was no evidence of the gross misconduct allegations, and further investigation was pending, and in the mid time she has been put on paid suspension.

Previous the disciplinary action, my partner had informally complained to HR about her manager treatment. As the disciplinary process was taking place unfairly based on decisions of her manager with her untrue evidence, my partner raised a formal grievance on the way the process was taking place. Later she raised a formal grievance on the actual treatment she has received from her manager, the company didn't provide any response and she had to take it with the employment tribunal.

She was already asked -on a without prejudice conversation- which it was a blackmail - to leave with redundancy pay in exchange that she wont have the disciplinary record on her file and that the company wont have to provide SAR information, nor to respond the grievances. This was before the ET1 submission. 

My partner asks for update on the disciplinary,  but clearly they don't want to finish it. 

if my partner finds another job, we think the pending disciplinary case will have to be disclosed. she feels she is stuck in this problem. 

I'll appreciate your thoughts. Thanks

Uyuni

Sorry another question more. If the disciplinary takes place now. can the same person that chaired the previous meeting sit the meeting again? I would see it that to be unfair, although not sure, it might only  need to be in the appeal meeting.  

pinkshoes

Is it the sort of career where a reference is required for a future employer?

How long has she worked there?

On the basis she surely doesn't want to continue working for such a dishonest employer, why didn't she accept the "redundancy" offer?

What outcome is she wanting from this?

Most employment tribunal cases are thrown out and not successful. It might be worth consulting an employment solicitor and pay for some professional advice if this has been going on for 6 months already.

Uyuni

Hi thanks for your comments. 
Yes a reference is required on her career.
she is employed for 2.5 years. 

The redundancy meant only the notice period pay, holidays payment and a couple of hundreds. She felt so bad for it,
She wanted them to sue them for what she gone through for the effects on her health and all the silence of the company, but waited until the end hoping this could be resolved. 

Emmia

Uyuni said:

Hi thanks for your comments. 
Yes a reference is required on her career.
she is employed for 2.5 years. 

The redundancy meant only the notice period pay, holidays payment and a couple of hundreds. She felt so bad for it,
She wanted them to sue them for what she gone through for the effects on her health and all the silence of the company, but waited until the end hoping this could be resolved. 

I think no amount of money might be enough compensation... for the sake of your partner's health, I'd take the settlement and find another job.

Dakta

"at a disciplinary hearing, they couldn't make any decision as there was no evidence of the gross misconduct allegations, and further investigation was pending, and in the mid time she has been put on paid suspension."

So they did an investigation, investigated sufficiently to pushed it through to disciplinary, and couldn't give an outcome because there was no evidence of wrongdoing (or as you put it, allegations of wrongdoing)? 

Given she's already been to what, shall we say, is typically the formal disciplinary hearing, what evidence have you been provided with in advance, have you a copy of the investigation notes?

I think we'd need the story in full to comment really but even as given I'd have some questions about the process. 

I am also suspicious about the SAR bit, I do not beleive any kind of settlement agreement can impede your rights to raise a subject access request. There may be other reasons a company cannot provide information, but having an agreement between yourself and the company should not be it. 

Is she in a union? I expect not but if so get it involved, and I wouldn't make any decision without some good advice (which needs the full story), 

DullGreyGuy

Are you sure there was no evidence? That would normally be a straight forward "not guilty", sounds more likely there was some evidence but insufficient for a definitive determination one way or the other. 

The settlement offer also sounds much more like a negotiation than a blackmail to me... many employees do the same when they enter the disciplinary process by suggesting they resign in exchange for the disciplinary never being mentioned in references etc 

Dakta

Valid points, even if you obscure anything that might be identifying (even from a circumstantial viewpoint) it might be worth posting up a chronological view of the whole saga. Because some things don't add - and I think you have the best chance of the best advice if we have the info. 

I nearly mentioned the settlement negotiations - the whole point of a without prejudiced covnersation is to allow a mutual agreement to be made (typically it will be along the lines if you resign with some money in exchange for a reference and no hurt record). One was recently made to me actually, whilst I won't call it blackmail, it did actually get challenged because I was told at the time the decision otherwise was likely dismissal. Which IS inappropriate. However offering a settlement under a protected discussion isn't in itself wrong and either side can ask for one to be considered anytime IIRC. I don't even think there needs to be any disciplinary/greivance in process.

Whilst often employees can themselves be at fault, on some other forums I've seen some shocking employer practices too (as well as my own experiences) so whilst you won't get a legal opinion on here it might be worth giving the general gist at least of the whole thing and we may be able to point - as always, union and legal advice trump forum advice but nothing wrong with a discussion.