Daughter received disciplinary invitation for Gross Miscinduct she's 16!!!!!

[UggyPow]

I am in shock - DD works for a small local business worked there for 14 months, bosses love her lots of promotions, training & development - keep talking about long term career to her & training options.
Out of the blue an email received inviting her to a disciplinary for gross negligence, in regards to care of the customers, it refers to policy & procedures which she has never seen & doesn't tell her what it is about, no investigation, nothing.
I have looked at ACAS & it clearly says to talk to employee first but does allow for going straight to disciplinary but says they must provide suffucient notice less than 48 hours given (Acas states 5 working days).
But it doesn't tell her anything about the situation or circumstances concerned.
ACAs clearly says as part of any investigation evidence must be gathered from all sides - this definitely hasn't happened as she has no idea what it's even about.
It also says the letter should clearly state what it regards to so the person can prepare.
Oh and email is signed cheers managers nickname
She gets her GCSE results on Thursday & is already incredibly stressed out with the Chaos of that.
Not sure what to do, worried if go in all guns blazing could wreck daughter's job which she loves but how they they call a disciplinary without telling the person what it is about!!!!!

What has her age got to do with anything? 16 year old's are just as capable as older workers to do something wrong that means they would face a disciplinary

I'd just walk away, she is 16 with bigger fish to fry, it's gutting but it happens. I believe they are truing to get rid of her to save money.
Either that or the customer brings in loads of cash to the business and it was a them or us situation.
I once worked for a private employer, 4 employees and I caught the boss shagging a customer at work. Later on I told him I thought it was totally inappropriate and lo and behold suddenly I was sacked because I had done all of these things amounting to a serious disciplinary which I know damned well I didn't do. I was a good hard worker.
Its better to leave places like that, they will destroy your mental health.

@mumwon

write a letter on her behalf (she signs) which points out that they need to do this procedure in a correct & LEGAL way noting that the way this has been done it could be seen as taking advantage of a young person & this process will & could be challenged on the grounds that they have not been informed of specific rules I suggest contacting trade union & joining them I am fairly sure she will be able to

This.

They're taking advantage of a minor and are behaving in a very unprofessional and unethical manner. I would second getting in touch with USDAW or UNITE to get further advice. I can guarantee you if she takes representation to the meeting even if its you as a silent witness it will put the fear of god up them, especially if it is the reason you suspect.

16 year olds can and do steal, and commit other gross misconduct infractions. She is a working adult to her company, would you go in all guns blazing if she was 18? Leave it to pan itself out.

She has worked for them since she was 15 & is currently 16.
Yes the rules are followed re working hours per week during term time & its different in school holdays.
The other girl has spoken to them & they have confirmed it is in relation to the possible misidentification of someone.
Sorry she has just got home & is desperately upset

As she is a minor she is entitled to be accompanied by a parent or guardian, they should give a minimum of 24 hours notice for the disciplinary hearing and the allegations should be be specific, for example ‘ failure to follow a direct management request - specifically that on the 16th of August you refused to clean the tables’

Pooor child 😞
Back her up, find out exactly what the issue is and be there in any meetingsd. Call the union, I guess there's no HR, seek free employment solicitors advice when you know exactly what the issue is

Hold her hand through this, if any shitty company does this, or similar in the future then she'll be able to handle things

Good luck and get external professional advice

She may only be 16 but she is employed as an adult. what is she supposed to have done wrong, you mention gross negligence and policies and procedures she wasn't aware of, but what is the actual allegation of wrongdoing?

It sounds like this is the investigation stage where they try to ascertain the facts to determine whether or not disciplinary action should be taken.

She is not entitled to have her mum present and it would be unprofessional and unreasonable for you to be involved in any way with this process. She should be able to take a colleague or union rep into the meetings with her if she wants support.

@melissasummerfield

As she is a minor she is entitled to be accompanied by a parent or guardian, they should give a minimum of 24 hours notice for the disciplinary hearing and the allegations should be be specific, for example ‘ failure to follow a direct management request - specifically that on the 16th of August you refused to clean the tables’

Write a letter saying I am writing on behalf on my daughter, could we please have a copy of this policy -as she has never seen it -and have details of what she is being accused of. We also needs 5 days notice. I will be accompanying her as she is under 18.

At the meeting -she needs clear -get her to write down what happens -who was there -you write a statement -any one that was there etc.

And then ascertain what they are alleging -cctv evidence etc and then her defence but speak to ACAS.

She's an adult no she is a child.

This is absolutely horrendous OP I am so sorry.

100% get a union representative involved, even if it costs a bit of money. Quite often in these situations the sight of a union rep will make the company quiver and possibly back down. I cannot believe they are disciplining a sixteen year old for something a customer did.

Having worked for a large company who would sack people for theft etc, she isn't entitled to have a parent at the meeting. She can ask but is not automatically entitled

So it could be a data protection issue then?

Of course she isn't employed as an adult. There are different laws governing u18s and over 18s

What do you mean by 'misidentification of someone'?

Misidentofication is not gross misconduct, it is an error, if they were worng.

Given that both girls identified him it would not be beyond the realms that he is just very persistent.

Either way, they have not been given the legal protection/procedure they are entitled to and both should refuse to go to any meeting until they have had legal advice! USDAW or similar would be a good place to start!

The manager should have let the police handle the investigation into the assault. I would speak to ACAS, but I really don't understand why the staff are being disciplined for reporting a (genuine) assault, even if they did mistakenly identify a customer.

I don’t know if ACAS are open at the moment but if they are you can phone and get verbal advise. From the situation you’ve described, the employer is behaving badly, they haven’t followed procedures and morally trying to intimidate a young girl is not on. Has she been there for more than 2 years? Just thinking if it gets to the point where you are talking tribunal then you may be able to use age or gender discrimination (especially given the lack of protection offered to a young girl who was sexually assaulted at work - is that in cctv / written record?)

You know your daughter. Is it likely that she’s done something warranting a disciplinary that she hasn’t told you about? That said her employer aren’t following standard procedures, regardless of what she’s done.

Misidentofication is not gross misconduct, it is an error, if they were worng.

THIS ^

When is the meeting?
Take a deep breath and get her to reply to the email saying “Thanks for your email, I have noted the date and time, but can you please give me some more information as to what this relates to?”

But if they won’t say much more, she can’t do any harm by just going along and listening to what they are saying, but not commenting. She should take a colleague if no Union membership and make sure that the colleague takes notes.

Then you agree next steps after considering what has been said in the meeting. You can’t do this for her, she is an adult and you don’t work there.

Here you go, as stated under 18s do not have the right to be accompanied by a parent

news.markellaw.co.uk/post/102f34z/workers-under-18-years-of-age-and-the-right-to-be-accompanied

www.xperthr.co.uk/faq/must-an-employer-permit-a-16-or-17-year-old-to-be-accompanied-by-a-parent-at-a-disciplinary-or-grievance-hearing/59249/

And misidentification could be gross negligence if it relates to Data Protection as she could potentially have disclosed information to a 3rd party or put the company at risk of a data breach which comes with possible fines or even prosecution.

The disciplinary is to discuss the issue. They investigate once she has given her version. Then she will be called back to review what was found.

It doesn't mean she has done anything wrong.

Surely if they both stick to the story and confidently say it was definitely this guy then it’s their word against him. And he has a reason to lie, they don’t.

She is not an adult, she is a child. Go with her. She may be too upset and intimidated in the meeting to ask the right questions and stand up for herself. You should stay calm and dispassionate, but make sure you force them to follow procedures and specify precisely what your DD has done which is gross misconduct. She shouldn't have to face a panel of 4 adults hurling unfounded accusations at her without notice on her own.