Gross misconduct issue

[ULA]

An Employment Tribunal claim is 3 months less a day from the date of the last instance of the event or series of events that is being claimed about. Not upholding a grievance may of itself not be a reason for making a claim.

[Ephesians]

My daughter has been signed off sick by the GP for a further 3 weeks however has been invited to a meeting now to discuss the adjustments when this note ends. Attached to the meeting invitation was a letter outlining the outcome of the investigation which was no disciplinary hearing but being issued a management warning letter. This letter stated that there was misconduct and inappropriate behaviour yet no disciplinary action. Is this legal ? My reading is that there is no disciplinary action as none of the allegations are upheld however they have put the knife in for the sake of it. Or is it acceptable to say a member of staff has acted inappropriately even if there is no disciplinary hearing to be had.
The policy states that a management warning letter is under the informal section where as she has already gone through the formal route….

[Presonus]

I will let someone with more experience answer your question properly, but I do feel you are right to question this - a warning IS a disciplinary outcome. You cannot, or at least in my opinion, fairly conclude an investigation with a disciplinary action without a hearing. From a quick bit of research I have found case studies where employment contracts allow warnings to be issued without a hearing in some circumstances (such as by mutual agreement) but these would require agreement.

Have you a copy of the company's disciplinary policy? might be a time to look to see if they have followed their own process. For example I am having problems with my employer but in the policy the steps are clearly defined and you couldn't come to a disciplinary decision purely on an investigation recommendation, there would absolutely have to be a hearing, but there may be some flex depending on your relatives contract/policies.

[ULA]

An outcome from an investigatory meeting can be some form of informal action or more formal action which may take the form of being invited to a disciplinary hearing.

It seems that your daughter's employer has taken the former route as the outcome from the investigation albeit, if I am not confused, it relates to the outcome from the investigation conducted following the initial suspension referred to in your post #1.

I would also suggest that you do check the disciplinary policy for any reference to informal actions