Employer has changed their mind about Absence hearing

[Samsung10]

Manager made recommendation for my sister to face Forma Absence hearing and that it could result in dismissal.

Then changed their mind a day before the Hearing and
she heard third hand that they'd changed their minds and would ask her to resign instead. She said no.

Then they said changed their mind again and would find her a job elsewhere in the organisation. Again she then heard 3rd hand that there is categorically no way that there is another role for her

She has not heard anything further for over 2 weeks.

What do others make of this??

[Law Student 6]

Hello,
It's clear that the employers are confused about your sister's place in the organisation. Is she currently still working? If so, she should approach her manager for a meeting for clarification of her position. Whatever is agreed should be made in writing so that they don't turn around and change their minds again.

Also, your sister should be given the chance to put forward her case if they were to conduct a formal absence hearing. If they choose to dismiss her without the hearing, she could argue that the dismissal is unfair on procedural grounds.

[Samsung10]

Thank you so much for the reply.

That was one of the issues we wanted to be sure of, regarding whether by them not following their procedures might amount to unfair dismissal.


Can they just change their minds like that? We cant see how ,if they instigated the process followed their process, got to the stage where they felt a Hearing was justified and then just say...Oh no, we'll just see if she will resign instead? Why would they expect her to?

I dont want to bog anyone down with the details, but essentially, the heart of the matter is that they just want to get rid of her. she is a Maths Teacher with 35 yrs experience. They have no issues at all with her performance or capability. She has that in writing.

The Headteacher just doesn't like her and is using a recent and curable health matter ( a knee injury, that will be cured with surgery) to fast track under the sickness absence policy.

She also has menopausal symptoms that they are aware of but have not given any consideration to. They've made her doubt herself, emotional and stressed. So yes, she is still working , but had to take some time off for stress as well.

They stated on one absence meeting proforma that they had done a Risk Assessment, but they didnt do it, and then the OH Dr told them to do a Stress Risk Assessment,. But! They hadn't had that report back before they booked and set up for the Hearing!

[Law Student 6]

It's definitely strange that they would just change their minds right before the hearing. Perhaps they thought they would be doing her a favour by not having a hearing. She's entitled to present her case with evidence, have witnesses and have the chance to appeal if necessary. What's clear is that they're trying to surpass procedure and fast track her dismissal/resignation which is proven with the OH situation.

In short, there needs to be procedural fairness and substantive fairness. The employer simply not liking her is not a good enough reason for dismissing her. Some valid reasons for dismissal are conduct, capability, breach of statutory duty, redundancy or some other 'substantive' reason.

If they do end up dismissing her, she should make a note of day that she was notified. She then has 3 months from that date to bring a claim of unfair dismissal.

I hope this helps!

[Samsung10]

Thank you again. Much appreciated.

I would imagine that like many cases like this where the employer is not dismissing for the True reason, (ie we dont like you) she has got a lot of evidence of their naive mistakes.

But there are some things and ways of going about things that they have done wrong that will mean it will end badly and/or expensively for them.

And it only takes one of those ill thought out , rushed through actions for them to be proved entirely wrong.

She will be contacting an Employment Law Solicitor on Tuesday.
I hope, once she gives them her evidence and chronology etc etc that they can help her decide which was the actual thing they did that they would never have been able to get away with.

And highly possible it'll be a technicality.

I keep saying to her, dont worry, they cant re-write history to get themselves off the hook. They cant deny emails and written documents and they certainly cannot now go back to their Absence database and change records where they had entered sick days that weren't sick days and yet produced that absence record as to be relied on at the hearing.

And especially that without those errors in her absence record, she would not have met the trigger points in their own procedure in the first place!!

Sorry this was long, but thank you again.