Urgent Q I've been asked to go to colleagues gross misconduct hearing

[puddleofpiddle]

She was suspended a couple of days ago for an incident that happened last week. She's been told it's relating to cash handling but they've not been specific so she's not sure what exactly she has done...
She's asked me to accompany her tonight but I'm not sure what it entails or what I need to do apart from turn up. Am I just a witness or am I allowed to help her prepare her case?
Any advice gratefully appreciated, thanks

[ilovemydogandmrobama]

You should be entitled to sufficient time to prepare, so giving you a few hours notice is really not acceptable.

As gross misconduct could mean that she's sacked, they need to give you/her more time and more information. Are you being asked to accompany her as her rep, as she can bring a fellow employee as a rep, or as someone potentially involved?

[flowerybeanbag]

She needs to have been given exact details of the allegations against her to allow her to prepare a suitable defence. If she doesn't know what she has done she has not been given the opportunity to do that.

She should put that in writing before the hearing, request further information, and if details of the allegations are not forthcoming she should attend the hearing but say that she has been unable to prepare a defence as she has not been told the details of the allegations against her and is therefore unable to (and shouldn't attempt to) respond to any allegations made in the hearing itself. If they sack her without her having an opportunity to answer the allegations and defend herself that would potentially be unfair.

Yes you can help her prepare a defence once she is a position to do so.

In the meeting you can't answer questions on her behalf, but you can ask questions and you can make a statement on her behalf.

I would stress though that if she genuinely doesn't know the details of the problem, she shouldn't attempt to defend herself on the spot in the hearing and should insist beforehand on adequate information to enable her to prepare a defence.

[puddleofpiddle]

thanks for your reply, as far as I'm aware I'm going as her rep. She was suspended a couple of days ago, but I'm not sure when she was informed of the interview, probably the same time so she's had 48 hours to prepare (she received a letter when she was suspended). I hope I'm not potentially involved, I've heard nothing! She was also told not to discuss with colleagues so I don't know how involved I can be...

[puddleofpiddle]

thanks flowery, x posts! She requested info from a senior manager who she spoke to yesterday and apparently he told her he didn't know precise details. Will show her your post and get her to do that

[flowerybeanbag]

Have a look at the ACAS Code of Practice, it states very clearly that employees should be given details and adequate opportunity to understand the allegations against them and prepare a defence.

[puddleofpiddle]

thanks flowery,can I also ask, they've also said she's not allowed to speak to colleagues. She's obviously spoken to me and I've let her know she might be disciplined further for this (according to directgov). Could I be disciplined as well?
Also, in preparing a defence can she take into account previous goings on that might be connected? I have a strong suspicion this is the culmination of something that has been going on for 6 months and they've not found anything previously...
Sorry for all these questions, it's like chasing your own tail when you don't have the full facts!

[flowerybeanbag]

It's not unusual when someone's been suspended for something serious that might potentially be gross misconduct to require them not to speak to colleagues as part of their suspension.

However requesting a colleague to accompany her to the hearing is a legal right she has and they couldn't discipline her further for speaking to a colleague for this purpose, both in terms of asking you to accompany her and giving you appropriate details about what's going on.

If she feels earlier events are relevant either in terms of mitigating circumstances for her, background context or explanation of what she may consider to be unreasonable behaviour on the part of her employer, then yes she can certainly refer to them as part of her defence.

[ilovemydogandmrobama]

The employer meant that she shouldn't speak to other employees about the situation, but effectively as her rep, you would be exempt.

But I would be very open about it and sent HR an email saying something like, 'I have nominated Puddle as my employee rep and would be grateful if she could have time to prepare my case and be sent any information you have in reference to the allegations being made against me...' Or something along those lines.

[flowerybeanbag]

Hi ilove Yes indeed, DS2 born by ELCS on 4 November weighing a whopping 9lb 1oz!