Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Scotsnet

Welcome to Scotsnet - discuss all aspects of life in Scotland, including relocating, schools and local areas.

Employment law help

10 replies

RaraRachael · 19/06/2024 10:15

Hoping someone can help.

Six months ago, OH got a new manager. She had never worked in the business before (not exactly retail but similar) and has really struggled. The customers avoid being served by her and there have been lots of rumblings about how useless she is. There have been occasions when he has had to intervene as her actions were either going to cost the customer or the business, money. She has interpreted this as undermining her and has reported him for harassment. His area manager has taken statements from colleagues, most of whom have spoken up for him, saying that she can't cope and he has only been trying to help etc.

His area manager is going to "come to a decision" next week. He is terrified he is going to get the sack. Surely they couldn't just do this immediately - I'd guess he'd get some sort of caution, although he isn't allowed to give his side of the story fully until after the decision - he only spoke about it late one night and was so totally taken aback that he couldn't think straight and has thought of lots of other things after the event.

Anyone with any knowledge of employments law around please?

Thanks

OP posts:
MoleAtTheCounter · 19/06/2024 17:24

If he has worked for the employer for more than two years he is safe. Instant dismissal can only be for gross misconduct (stealing from the business, punching a customer etc) not for performance. Under two years and there are fewer employment rights and it is easy to dismiss someone. Even so a good manager should see who is at fault here.

RaraRachael · 19/06/2024 20:06

Thanks for the info - he has worked for them for over 8 years so that has put our minds at rest.

Ironically, said manager once got the sack from her supermarket job for stealing. I know this because I got her job.

OP posts:
Ihatemondays1962 · 19/06/2024 23:08

The ACAS helpline can be useful and is free.

HGC2 · 19/06/2024 23:11

They legally can’t make a decision without a hearing, that said, some employers go rogue so have him make notes, call acas and should the worst happen, have evidence for a tribunal

BluebellsareBlue · 19/06/2024 23:16

This reply has been withdrawn

This message has been withdrawn at the poster's request

BluebellsareBlue · 19/06/2024 23:18

I'm so so sorry, I misread!! Totally my fault but to put your mind at rest there is a process that has to be followed, warning, then training or a performance plan and then if that doesn't work then it escalates xxx I'm so sorry for not reading correctly

RaraRachael · 19/06/2024 23:34

@BluebellsareBlue no problem and thanks for the advice ☺️

OP posts:
RaraRachael · 20/06/2024 12:26

Good shout re ACAS - thanks, we hadn't thought of that.

The weird thing is, this woman is in charge of making up the rosters and 5 out of 7 days last week she put the 2 of them together and they're working the whole of Saturday too. If you were being harassed by somebody and there were 4 other members of staff why would you do this. He's terrified she'll allege he's done or said something and it will be her word against his but I've told him to keep interaction to a minimum, write down notes on every single interaction they have and don't offer to help her in any way, seeing as she thinks that undermines her.

OP posts:
JoyousPinkPeer · 12/08/2024 08:49

The decision may impact the new manager only, so if that's the case they can, for example dismissal

motheronthedancefloor · 12/08/2024 08:51

you should repost this in the 'work' or 'legal' boards.

New posts on this thread. Refresh page