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HR advice please.....

2 replies

TapasGirl · 24/07/2012 10:53

On behalf of a friend who needs some advice please.

Has worked for same company just over a year. Boss really stressy and controlling. always picking holes in work, demands made of extra working without prior notice, nothing is good enough, could pay someone half the salary for better work etc etc.

Things have come to a head and friend received letter yesterday (23rd July) dated 7th July to attend disciplinary hearing on 25th July (tomorrow). Letter was delivered by hand so no proof of date of receiving.

Friend has been told she can bring someone. I have suggested that she has not been given enough notice (although the letter was dated 8th) 2 days? and should say this is unreasonable and needs more time to arrange someone to attend meeting with her. I have also asked her to start writing everything down, something she should have been doing but she did not realise.

Can you please let me know what your thoughts are as to whether she can defer the hearing and perhaps an idea of her rights. Her boss is actually second interviewing for her position (the job description fits her job exactly and it is a very small company) today so she knows she is on her way out.

I just want to see her receive a fair hearing. She has no-one locally (apart from me and another friend) who can help her.

Appreciate some guidance.
Thanks

OP posts:
GooseyLoosey · 24/07/2012 13:45

I am a lawyer and employment is not my field. Hopefully, someone will be along with more help, but...

There should be a written disciplinary procedure. Does she have a copy and what does it say about this?

Generally if you are going to dismiss someone, the process has to be procedurally fair and clearly, not giving her suficient notice of a hearning is not fair.

I think if I were her, I would notify her employers asap that she has just received the notice and ask for an extension. She should as you suggest document the request and their response.

hermioneweasley · 24/07/2012 21:45

As goosey says

What is she being disciplined for? If not gross misconduct, if no prior warnings then they shouldn't dismiss at first hearing.

Also, how does she know they are second interviewing? That could be important evidence if true (suggests unfair procedure as indicates decision made prior to hearing)

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