Advice needed with employment rights

[bluesheep]

DP's aunt is a full time health care assistant in a residential care home.

On Friday she arrived at work and was told that she was being suspended pending an investigation against her. She was obviously shocked, and asked what she was supposed to have done, but the manager told her that it was confidential and that there would be a disciplinary meeting where DPs aunt would be made aware of everything.

She is now scared witless that she'll be sacked, and angry that she is being given no indication of what she has allegedly done. She won't have any time to prepare herself for these accusations.

I've been looking online and have searched the ACAS website, and they say:

"If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification."

What I would like to know is if this is just guidelines, or employment law. She isn't a member of a union, so I've told her to get to the CIB to get some advice.

Also, ACAS say an employee is allowed another member of staff or a union rep in the disciplinary meeting with her. Does anyone know if these are the only people allowed in, or can it be anyone (ie me)?

Thanks in advance

On the assumption that this is, as you say, a disciplinary meeting and not an investigatory meeting...

If she is dismissed an employment tribunal is likely to rule that the dismissal is unfair as her employer has failed to follow the ACAS code which requires written notification of the meeting as per the section you quote. If the tribunal decide that the employer has unreasonably failed to follow the ACAS code they can increase any award by up to 25%.

Your aunt is only entitled to take another member of staff or a union rep to a disciplinary meeting. She can ask her employer to allow you to attend but her employer does not have to agree.

Thank you for your reply. I'll let DPs aunt know, and make sure she makes an appointment with the Citizens Advice.

Unfortunately I don't think there will be anyone from her work willing to go into the meeting with her, and without union membership it looks like she might have to go in alone if her work don't agree to me going in with her.