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Representing a friend and need help, please!

9 replies

ButWhyIsTheGinGone · 20/12/2011 17:29

Hello all, I will try to keep this as brief as possible. Any objective advice will be appreciated.
I am a Union Rep for a teachers union, but have agreed to help out a friend who's in a mess at work (not a teacher.)

He called in sick on Friday but worked his second job (bar) shift at 7pm. Probably foolishly, especially in such a small town. A drinker in the bar who works for his first job informed his bosses who called him into the office and said it had been "noted."

My friend (wrongly, yes) got into an argument with this colleague in the pub over this and it ended in a physical altercation. First physical contact made by the colleague.

Today, bosses called him in to office and inform him he's being suspended on full pay for "threatening another employee." He related this to us all in the pub but what he DOESN'T know it that his boss rang the pub trying to ascertain when his bar shifts are, whether he's been turning up, etc. This suggests to me they are gonig after him on ABSENCE rather than for the "threatening" incident. (This is IMO mad anyway as it was neither in work property nor time.)

I am not happy he hasn't been given written notice of his suspension, including reason, and am going to ring his boss tomorrow asking for a copy of their disciplinary policy. I've also told him NOT to attend his meeting on Thursday without representation. I am happy to do this, but a little worried as it's a totally male-dominated company and I have little experience. Can someone advise as to whether I'm doing the right thing? Have I missed anything glaring?

I know my friend isn't perfect, but he's turned such a corner in his life and this has gutted him.

Thank you all in advance x

OP posts:
Marlinspike · 20/12/2011 17:38

Why is the Thursday mtg taking place? If it an investigation meeting then he isn't entitled to be accompanied. If it is a disciplinary hearing then he is (but not necessarily by you - see below)

I would also suggest that it should be your friend asking for copies of the relevant policies - you are not his union representative as I understand it, and the employers could be within their rights to stop you accompanying him to any future meetings. ( I believe you are allowed to be accompanied at a disciplinary hearing by a union rep or work colleague - it would appear that you are neither) If they are holding an investigation meeting in work time then he has to attend, and as I state above, he does not have the right to be accompanied.

I would agree that he needs to be told why he is suspended, and why they are asking to meet with him on Thursday, but I think he needs to be asking these questions, not you.

dilbertina · 20/12/2011 17:41

If I was the employer I wouldn't be impressed to be honest. Why did he phone in sick if he wasn't? If they have evidence he has done this on multiple occasions then I would imagine this would be enough to sack him, regardless of the altercation. Presumably he is suspended on full pay at the moment whilst they investigate? They obviously need to give him written reasons for any disciplinary action.

Some contracts stipulate that he can be accompanied by HIS union Rep, or a colleague. I doubt they would object to you accompanying him, but at this stage you would be there to support him, not represent him. Good luck!

ButWhyIsTheGinGone · 20/12/2011 17:52

Thank you both for these helpful replies.
No, I'm not a colleague - just a friend who wants to help. I totally agree my friend acted poorly, but I just feel very sorry for him. He's come out of prison an held onto this job for 9 years - probs not making him sound any better, but he is a caring person and a doting dad and I just feel bad for him.

The meeting on Thurs is at company's request, but I don't know if it's investigational or disciplinary. Surely it can't hurt for me just to ask for a company of their disciplinary poilicy? Or HIM to ask? (He won't though, he is quite defeatist. Oh I dunno.
From both your replies I'm getting the sense I should butt out and let him deal with it. I feel I want to help somehow. :-(

OP posts:
dilbertina · 20/12/2011 18:15

You sound lovely! But don't forget you don't know the full story. For all you know there may have been ongoing issues with absenteeism (hence them trying to find out if other "sickness" absences coincide with miraculous recovery for evening job. They will be particularly interested if they have paid him whilst off sick....) This might be the last straw for them.

My gut feeling is, given they have suspended him on full pay, and appear to be attempting to do things reasonably by the book, you are unlikely to really achieve anything even if there has been some transgression of their disciplinary procedure.

If he did indeed "throw a sickie" but it was a relative one-off, he'd probably be better off apologising, explaining as far as possible and appealing to their better nature in the hope they choose to give him a warning rather than sack him. I imagine teacher disciplinary procedures tend to be very formalised, if he works for a small company it will in the end come down far more to personalities and to what degree he is considered a good employee generally who has cocked up this time. Since he has worked there 9 years presumably he must be ok?

I think you would be more of a support if you could help him work out what to say to his employer, so they give him another chance, rather than putting too much of a union hat on at this point, and at least getting him to try rather than just give up on everything. Good luck!

dilbertina · 20/12/2011 18:51

One more thought, it might help him out if he goes armed with statements from witnesses that the colleague threw the first punch?

dilbertina · 20/12/2011 18:54

Oh, and also, did his employer know he had another job before this? Some contracts preclude this, although I'm not sure how enforceable such a contract term is.

Marlinspike · 21/12/2011 10:26

Sound advice from Dilbertina - she is right to point out that the process is likely to be less structured and proceduralised in a private business than in education (I have worked in both). He would do well to explain the physical incident (witness statements would be most useful here), and also explain why he went to work in the evening - and yes, pointing out his previous good service and seeing the error of his ways would be the best approach.

I hope it turns out OK for your friend - from what you've said he has done well since leaving prison. Good luck!

flowerytaleofNewYork · 21/12/2011 12:18

Please don't ring his employer! That really won't help at all and they are very unlikely to give you any information. He needs to ask and you can advise him where his employer isn't following an appropriate/their own procedure. But don't get directly involved.

and yes, less formal structured procedure usually, and how valued he is as an employee will play a big part.

Kayano · 21/12/2011 13:16

If he was my employee I would frankly be annoyed at the hoops I had to jump through tbh

He clearly wasn't sick at all!

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