To think sisters boss is not going about this correctly? (Disciplinary)

[NapQueen]

Dsis was asked to leave work on Monday until 10am Wednesday as she was being suspended whilst they investigate. Her "bad attitude" was sited as the reason.

Three things were raised;-
*she snapped at a fellow colleague, then immediatley apologised and explained she was having a bad day
*she said in a team meeting that she understood why a fellow colleague resigned as they were demoted - her boss told her on monday "you are not entitled to an opinion on this"
*she was alleged to have said that the apprentices should "demand a higher pay" - she didnt, she said the apprentices were very competent and doing everything a general employee was doing

Aside from my opinion or only being able to listen to her side of the story, I feel her boss is going about things in the wrong way.

She has been told to attend a meetinf at 10am wednesday. No official word from them whether it is a disciplinary or an investigation meeting or whatever. She had to ask today for written confirmation of the allegations made. She had to ask today for copies of the Grievance and Disciplinary Policies. She requested an extension on the meeting as she was only sent thw written allegations late today. That has been denied. She has been told that she can bring someone in with her but as the allegations were made by unknown team members she cant ask anyone in her team. The only other people who work there are the CEO and his PA (acting HR) who will be conducting the meeting, and her Line Manager who instigated the whole thing.

Her manager has told her over the telephone today that the outcome of the meeting is likely to be Serious or Gross Misconduct. Her copy of the policy says Gross Misconduct is classed as "theft, criminal damage, other". Vague as fuck.

She is unable to be accompanied by me or our parents as we are all working. She is unable to be accompanied by her boyfriend as he is away. She is unable to be accompanied by a friend as they all have work and/or are travelling.

Ive suggested she ring ACAS first thing in the morning to see what further advice they can give.

I dont feel her boss is doing the right thing. I think she is being bullied out if im honest. She has worked there over 2 years and had one negative comment raised in the six monthly performace meetings they have.

Understandably she has spent the last 48 hours upset and confused. I dont know what I can do but wondered if any of you had any advice?

She has been sent this today via email from her boss.

I am no expert but here is my 2 pennies worth.

1. She should not resign.
2. She needs someone to go with her.

From what you say I do not think that is enough to sack her. So if they do she has reason for unfair dismissal. But she is being pushed out.
She must not go quietly and must challenge.

Let them give their reasons and she has a right to reply, I suggest that she listens makes notes and says she will respond in writing and that she is very distressed by this.

Is there anything that could harm her defense, did she swear at them?
Are the past appraisals reasonable? Have there been complaints before? Has there been any comments on her behavior or performance before. If not she must ask this, you want the mins to reflect this. If they give examples she needs to challenge.

She must right down what happened with her colleague.
Write what she said about the apprentices word for word and who was in listening. Also write down all the good things she has achieved.

Read up about unfair dismissal.

If they are not happy with her performance then they should give verbal and written warnings. She needs to be armed and knowledgeable and strong.

If they want her out they need to pay her.
Let us how she gets on.

It's not gross misconduct and she shouldn't have been suspended.

She needs to call acas.

Definitely ring ACAS - thery are excellent.

The email sounds as though they have already decided it is serious/gross misconduct before they have even heard her side of the story. And this seems way over the top for the 3 incidents you describe unless there is more to it than your sister is saying.

The meeting is very rushed - it is not giving her time to seek proper advice or get someone to accompany her, which she is entitled to have.

If it was me I would go sick tomorrow morning (then they will have to rearrange the meeting ) then she will have time to get the advice she needs. I would also put in a grievance about this bullying line manager. Make sure your sister follows the grievance policy to the letter.

Hard as it is you need to take the emotion out.

1)your sister has been suspended, this is a neutral act to allow time for an investigation to be conducted without interference. If the colleague she snapped at felt threatened and made a complaint as a result this would be a reasonable course of action.
2) My feeling from what you have written is that the employer is investigating and the meeting is an investigatory one. They do not have to allow your sister to be accompanied to this.
3)The outcome of this will either be no case to answer, or they will proceed to disciplinary, if the latter they may choose to keep your sister on paid suspension or allow her back to work.

4)If it goes to a disciplinary hearing they must provide a copy of all evidence they will be using and allow your sister to choose a colleague or union rep (If she joins and they agree to help which they may not as it is already in progress). She may not use anyone who has given evidence which will be used.

So far it seems they are following a reasonable process, there may be other details within their policy though that they should abide by.

Alternative Tentical has said it spot on. I couldn't have said it better myself and I do this for a living. They have not followed acas minimum standards of procedure so far. Definitely give them a call.
Good luck x

2014newme - you don't know what OP's sis's employment handbook list as behaviours considered to be gross misconduct. If there is a list it will likely say it's not exhaustive.

There may not even be a handbook!

Speak to acas. DH had problems in his last job and they were great. Company didnt follow any procedures in dismissing him and were arseholes because it turned out it was all shit anyway but thats another story and after all of it was over they made a settlement offer because they didnt have a leg to stand on.

Oh and here's a guide to the v basics www.citizensadvice.org.uk/work/problems-at-work/disciplinary-meetings/disciplinary-meetings-where-to-start/

OP lots of advice but you may also benefit from the Employment board

How did it go today OP?

Mutual termination of contract with immediate effect. 4 weeks pay and a reference. Ideal outcome tbh.