Friend asked to meeting to discuss complaints raised by a colleague who’s ‘after her job’ not allowed a representative present.

[Patchworkvest]

Hope you can help with this one please.
I’ve NC to protect ‘Isobel’

My friend ‘Isobel’ (aged 56) has received a letter inviting her to a meeting on Wednesday to discuss two complaints raised about her by a colleague.

The two complaints are outlined in the letter, along with the date the ‘alleged matters’ took place.

Isobel didn’t do complaint one (definitely a company matter regarding important paperwork and a ‘forged’ signature) but has admitted to complaint two (she gave a pain relief pill of hers to another colleague to take at work, a prescription pill rather than an aspirin for example)

The letter doesn’t say who has made the complaint but Isobel is sure it’s Rob (aged 29) as she remembers Rob refusing to sign a document recently and having to leave it for a manager to look into.

Also, Rob has been actively seeking to get promoted to a role the same as Isobel’s and Isobel feels sure that he’s trying to get her fired so that he can have her job.

The reason I pointed out the age difference is because Isobel has worked for the company for 25 years and her contract allows her higher hourly pay, more holidays better pension and generally a better deal than people like Rob, who came to the company 5 years ago on minimum wage, holidays etc.
And of course Isobel would be up shit creek to lose her job at 56.

Rob often says in earshot of Isobel that he could easily do a better job than her and that even with a pay rise on promotion would be much cheaper for the company than her.

He has also recently managed to get the ‘stand in’ position of Isobel’s job on her days off.

In light of the above I suggested to Isobel that she joins a union (why she’s not in one yet I don’t know) and has representation at the meeting.
She replied that the letter says she is not entitled to bring any other person to this meeting.

I’m not sure whether that’s fair or legal?

Any advice for Isobel? (besides that she’s an idiot for giving that pill!)

OK don't panic, you've understandably leapt to her losing her job etc but it sounds as though at the moment all that has happened is that someone has made a (serious) complaint and her employer is looking into it to establish what actually happened, which is entirely proper. It sounds as though this is either an informal meeting to try and sort the problem out without needing a disciplinary, or a formal investigation meeting. If so she is not statutorily entitled to be accompanied, the right to accompaniment kicks in at the stage disciplinary action is actually being taken (so after the investigation step). Check out the ACAS website for more information, or you can call their free helpline for more advice.

It's not a bad idea for her to join a union but she should be warned that as this is a 'pre-existing' matter they may not represent her. However if it gets as far as disciplinary action she should be able to accompanied by another work colleague.

I would advise her to ask her employer if they would consider allowing her to be accompanied by a colleague or friend if that person agrees to provide 'moral support' and/or take notes only, i.e. not to participate in the meeting in any way. They aren't obliged to say yes but it would be a supportive gesture.

In the meeting personally I would stick to facts only, she can admit to the thing about the painkiller she did do, apologise and reflect on why that might have been an inappropriate thing to do in the workplace and how she will make sure it never happens again. Hopefully they won't view it as gross misconduct and will be happy to give her some kind of warning against doing that again. The other matter does sound more serious, but she can answer questions about that openly and honestly, strenuously deny it and bring forward any proof she has, evidence of previous good character/good record and/or witnesses that might be able to speak in her favour. Personally I would refrain from any speculation on 'Rob' or making counter allegations, either you are right in which case the employer can likely draw their own conclusions on Rob and his motivations, or it was actually someone else who complained in which case she'll look silly sounding off about someone not involved...

@ maxelly

Thank you so much for your reply, it’s really helpful.
It does sound as though it must be informal at this stage as she’s still going to work.
I’ll call her to discuss further after her shift today and hopefully put her mind at rest.

Normally it would be a colleague or a TU rep for a disciplinary meeting but it isn't disciplinary. No point in joining a union for a pre-existing matter. Simply tell her to listen, take notes and answer truthfully and take it from there. I have to say however that it is very serious giving someone any form of medication at work, never mind prescription only meds.

@ TARSCOUT
Yes, it’s clear now that it’s not (yet) a disciplinary.

I’m hoping that making her realise it’s less formal at this stage might help her to relax and focus.

She accepts giving the pill was stupid and really hopes it’s not seen as gross misconduct.

If she has an excellent record and nothing on file it could and probably will go as far as a final written warning.

I think GM is unlikely as it would be a very tight line.

I wonder if the person she gave pill to has been interviewed?

Good luck to Isobel anyway.

I didn’t realise you can’t give colleagues pain tablets.
Do I not allowed to give a colleague a paracetamol for a headache?
Or is it just prescription meds?
Sorry for going off in a tangent.

Guess the colleague could have refused the offer of a strong painkiller

Does she work in a medical environment, is that why the medication is an issue and possible gross misconduct?

I would advise Isobel not to get fixed on Rob being behind it all and focus on the complaints and her response to them.

It could either be a controlled or prescription medication or the environment they work in, Tlollj Unlikely to be paracetamol but even that might be frowned on in a medical environment.

Her record really is good, I think that’s partly the reason she’s so worried.
She’s never had any sort of disciplinary issues before.

Very interesting point about whether the recipient of that pill has been interviewed.
Should she ask about that?

She’s made the point to me herself about the not giving colleagues pills.
She said she wouldn’t hesitate to offer aspirin etc and simply saw this as the same but the letter does specify ‘prescription drugs’

@ChicCroissant she works in a hospital, not in a job where she’d have access to patient medications.
The pill was one prescribed to herself.

I thought so - that is more serious then. Does she have a professional body she can ask for advice, not a union but connected to any medical registration she has?

How does anyone even know what she gave her colleague. Is your friend a furst aider or in a position to give colleagues anything. How did the issue of the tablet even come about.

Oh dear, no. I don’t think she does.
It’s more of an ancillary role.

@HappyHammy she thinks ‘Rob’ was in the office when she was talking to colleague.
Conversation along the lines of ‘oh Isobel, I’m in so much pain and I’ve forgotten my tramadol’
Isobel replies ‘oh, what’s your usual dose, I’ve got some in my bag’ and then gave colleague a pill.

Well it doesn't seem a formal investigation at the moment even though she's admitted it, but hospitals are understandably strict over prescription medication. Hope the meeting goes well for her.

Are there witnesses to the pill giving ie rob? Does her colleague actually have a script for tramadol

She should concentrate on the complaint and her answer.
The meeting is her opportunity to offer her side of the argument
The rest is not relevant.
She is guessing and surmising.

How do they know the colleague wasnt lying and just trying to get a strong painkiller. That was a silly and naive response. She should gave told her to go home or ring her doctor or even go to a&e for a prescription. I am sure she realuses that.

Thanks, I’ll make sure she knows not to complicate matters by bringing up her concerns about Rob.
She just needs to answer to the two separate complaints.
Complaint one, she didn’t do it. There’s no way they can prove she did, because she absolutely didn’t and wouldn’t.
There’s nothing in it for her whatsoever to do it either.

Complaint two, she needs to admit it and apologise.
Explain she didn’t realise that she wasn’t supposed to do that and say she’ll never do it again.

Hopefully that’ll be enough to keep her job.

Yes she’s full of regret and ‘should have’s’ now.

I really feel for her.

I would want to ask who made the complaint. Strange that 2 people working together would be on the same meds. It could even be that the colleague was affected by the tramadol and blamed it on your friend. Hospitals are strict about this sort of thing. I wonder if either of them will be asked why they are on prescription psinkillers.

Rob is a red herring. There's just as much chance that the recipient of the medication said to someone else later on "ooh my back feels so much better since Isobel gave me that wee Tramadol earlier", forgot about it and the other person reported it. Ime as a manager 75% of the time people guess wrong and it's more likely someone they wouldn't dream would report them.

On a side note, if it was a controlled drug rather than just a prescription one, that is super serious especially in a hospital setting and I would be surprised if she wasn't formally disciplined for it.

Very interesting point about them both being on the same pills.
I’m wondering if the colleague found out somehow that Isobel has these meds and tricked her into handing one over, they’re stronger type so it’s possible.
Isobel is jumping to conclusions suspecting Rob.

I’m going to tell her to just concentrate on answering the complaints clearly and honestly and not finger point at anyone else.

The chances of two people being on the same dose of a prescription painkiller, what are the chances of that. She may have been tricked, she just needs to tell them what happened, apologise, reflect on what happened but I just have a suspicious mind. She's right not to involve Rob or not finger point. Let them investigate if anything comes of it