Stitched up by Employer
Discussion
Hi guys, I have a rudimentary knowledge of employment law but was looking for some advice from those more knowledgable then myself, and also views on if my own analysis is correct.
Basically it is concerning a good friend of my gf's who was working as the assistant manager in a retail store.
The manager and area management have been making her life difficult over the last few weeks and this has culminated in her being suspended indefinetely this morning. I'll quickly go over the events leading up to this.
Recently the manager was on holiday and she was left pretty short staffed but was then given a disciplinary for the store not being up to scratch, they have also today mentioned that she isn't committed to her job. Yet this lady came into work on the day her husband and her broke up, and when she has been ill! However I don't think anything can be done about this, as it is all subjective.
Last Friday she was told she MAY have to come in on Sunday (her day off). She was then called on Sunday and told to come in, she said she was in the pub and had had a drink but nothing was said on the matter. She came in for a couple of hours, did as was needed and went home. One of the reasons for her suspension are that she drank prior to coming to work, however she had only had one pint, and even if they contend different they have no way of proving this. I do believe her though, she isn't much of a drinker. I am waiting on a copy of the companies alcohol policy but I would have thought that this a unreasonable given that she doesn't really operate machinery etc and wasn't told for definite if she had to come in until the day. Also the way it's been described, it sounds as though she didn't have much of a choice in whether to come in or not.
She also said to herself 'this is bulls
t' when she was being told she had to come in. She didn't swear at anybody, however the girl who phoned her is 16. So they have also used the reason that she swore in front of a minor as a reason for suspending her. To me this sounds like some sort of fabricated reason. Surely it cannot be used as a reason for suspension.
Finally, and this is the big one, she was called in this morning and told she was suspended until further notice. Present were the store manager and area manager, she was not told in advance of this meeting at all. In addition to this, she was not given an opportunity to bring anybody in with her, and in fact was not allowed to speak to anybody on site. They say that a disciplinary meeting will be occuring but to me this meeting sounds disciplinary in nature. Therefore I would say they have breached employment law by not allowing her to have any representation. The staff have also been told she is on leave and they haven't allowed her to tell them she is suspended.
Sorry, it's a bit of a long read, but any advice is greatly appreciated. She isn't that bothered about staying in her job, but would like to leave on her own terms. I am advising that she looks into wrongful/unfair dismissal because the way they have treated her is disgraceful.
Thanks chaps.
Basically it is concerning a good friend of my gf's who was working as the assistant manager in a retail store.
The manager and area management have been making her life difficult over the last few weeks and this has culminated in her being suspended indefinetely this morning. I'll quickly go over the events leading up to this.
Recently the manager was on holiday and she was left pretty short staffed but was then given a disciplinary for the store not being up to scratch, they have also today mentioned that she isn't committed to her job. Yet this lady came into work on the day her husband and her broke up, and when she has been ill! However I don't think anything can be done about this, as it is all subjective.
Last Friday she was told she MAY have to come in on Sunday (her day off). She was then called on Sunday and told to come in, she said she was in the pub and had had a drink but nothing was said on the matter. She came in for a couple of hours, did as was needed and went home. One of the reasons for her suspension are that she drank prior to coming to work, however she had only had one pint, and even if they contend different they have no way of proving this. I do believe her though, she isn't much of a drinker. I am waiting on a copy of the companies alcohol policy but I would have thought that this a unreasonable given that she doesn't really operate machinery etc and wasn't told for definite if she had to come in until the day. Also the way it's been described, it sounds as though she didn't have much of a choice in whether to come in or not.
She also said to herself 'this is bulls
t' when she was being told she had to come in. She didn't swear at anybody, however the girl who phoned her is 16. So they have also used the reason that she swore in front of a minor as a reason for suspending her. To me this sounds like some sort of fabricated reason. Surely it cannot be used as a reason for suspension.Finally, and this is the big one, she was called in this morning and told she was suspended until further notice. Present were the store manager and area manager, she was not told in advance of this meeting at all. In addition to this, she was not given an opportunity to bring anybody in with her, and in fact was not allowed to speak to anybody on site. They say that a disciplinary meeting will be occuring but to me this meeting sounds disciplinary in nature. Therefore I would say they have breached employment law by not allowing her to have any representation. The staff have also been told she is on leave and they haven't allowed her to tell them she is suspended.
Sorry, it's a bit of a long read, but any advice is greatly appreciated. She isn't that bothered about staying in her job, but would like to leave on her own terms. I am advising that she looks into wrongful/unfair dismissal because the way they have treated her is disgraceful.
Thanks chaps.
sounds fairly cut and dry, something that can be sorted by an employment tribunal if she's genuinely been wronged. She in a union of any sort?
Invaluable help to be had here http://www.acas.org.uk/
Invaluable help to be had here http://www.acas.org.uk/
Edited by Stu R on Monday 29th September 20:37
She has been suspended pending an investigation, at which point she will be invited in for the disciplinary meeting, this can be a fairly standard procedure.
It does sound like they want her out but are following the details of the law to avoid any comeback.
It would be far easier if employers had the same rights to terminate employment as employees. I have had a couple of members of staff who were basically incapable of the job, who I couldn't get rid of so I spent a long time training them until they realised they couldn't do it and left.
It does sound like they want her out but are following the details of the law to avoid any comeback.
It would be far easier if employers had the same rights to terminate employment as employees. I have had a couple of members of staff who were basically incapable of the job, who I couldn't get rid of so I spent a long time training them until they realised they couldn't do it and left.
chrisxr2 said:
I bet she works for a german retail store that has seen recent profits shoot up by 40 percent. Sounds like when i worked for them.
Nope, don't want to say where though for obvious reasons.Voyds, trust me she is capable, it's more a case of office politics. She has been suspended due to reasons x,y, and z, to me that doesn't sound like they are investigating but that they have made up their mind. Still think they should have allowed her somebody to to come in with her.
Also don't think their reasons are valid, will deffo be reading her contract when I get a chance.
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