Please Comment and Help!!

[KennyRosses]

G'day all,

As alluded to before Christmas, some fun and games in the Biting household so I would appreciate any assistance and input on this if possible.

(It will I fear be a long post, so apologies in advance)

Mrs Biting has been employed by her current company since May of last year.

Over this period ahe has had difficulties with her line manager (bullying & harassment), which Mrs. B raised with HR, at that stage there was no formal grievance procedure initiated.

After a number of issues (which the letter posted at the end of this I hope will highlight) Mrs B was advised that she was to attend a disciplinary hearing to assess her future with the company.

Having been signed of for Work related Stress, Mrs B wrote the following letter to initiate the formal grievance procedure.

This all went on just before Christmas, we have been away till Monday 7th Jan and when we got home found a letter form the Company calling a meeting to go through the Grievance letter the following morning at 09:00.
This has been postponed till tomorrow at 08:30, however the company are still going through the Disciplinary meeting at 10:00 on the same day.

Mrs B is fed up with the whole thing and only wants to get out with dignity and reputation intact.

Questions to you all are:-

While there is a grieviance procedure being conducted can the company continue the disciplinary procedure that was initiated by the individual that Mrs B raised the complaint about? (I think That makes sence)

If Mrs B was to resign and give the company her contracted notice period would they be obliged to honour this and would it "kill" the disciplinary.

And now sorry folks here is THE LETTER


Read more at: Please Comment and Help!! - Legal Beagles Consumer Forum

[leclerc]

Re: Please Comment and Help!!

G'day all,

As alluded to before Christmas, some fun and games in the Biting household so I would appreciate any assistance and input on this if possible.

(It will I fear be a long post, so apologies in advance)

Mrs Biting has been employed by her current company since May of last year.

Over this period ahe has had difficulties with her line manager (bullying & harassment), which Mrs. B raised with HR, at that stage there was no formal grievance procedure initiated.

After a number of issues (which the letter posted at the end of this I hope will highlight) Mrs B was advised that she was to attend a disciplinary hearing to assess her future with the company.

Having been signed of for Work related Stress, Mrs B wrote the following letter to initiate the formal grievance procedure.

This all went on just before Christmas, we have been away till Monday 7th Jan and when we got home found a letter form the Company calling a meeting to go through the Grievance letter the following morning at 09:00.
This has been postponed till tomorrow at 08:30, however the company are still going through the Disciplinary meeting at 10:00 on the same day.

Mrs B is fed up with the whole thing and only wants to get out with dignity and reputation intact.

Questions to you all are:-

While there is a grieviance procedure being conducted can the company continue the disciplinary procedure that was initiated by the individual that Mrs B raised the complaint about? (I think That makes sence)
They cannot start disciplinary proceedings while she is off work, period.
If Mrs B was to resign and give the company her contracted notice period would they be obliged to honour this and would it "kill" the disciplinary.
They do not have to kill the disciplinary if she resigns.
And now sorry folks here is THE LETTER


Read more at: Please Comment and Help!! - Legal Beagles Consumer Forum

See above.

[Caspar]

Re: Please Comment and Help!!

Having had to instigate a few of these and attend appeals, I think the thing you really need to concentrate on at this stage is these procedures are supposed to helpful and constructive. They are supposed to find a resolution to the problem.

The disciplinary hearing your wife can attend, ideally with union rep and can appeal against any decisions made. The meeting is part of a process, it's not a one off event.

In a successful grievance or disciplinary process the employer and employee should be able to continue to work alongside each other professionally.

[leclerc]

Re: Please Comment and Help!!

Caspar, how can she attend when she is signed of as being sick?

[Caspar]

Re: Please Comment and Help!!

Before I was retired on health grounds I attended a lot of meetings while off sick. I've also had people come in especially for the meeting.

TBH if I was the manager there I'd be wanting to change the date of the meeting so she was there to represent herself. Somebody certainly needs to be, so I hope she has good faith in her union rep.

[leclerc]

Re: Please Comment and Help!!

Before I was retired on health grounds I attended a lot of meetings while off sick. I've also had people come in especially for the meeting.

TBH if I was the manager there I'd be wanting to change the date of the meeting so she was there to represent herself. Somebody certainly needs to be, so I hope she has good faith in her union rep.

I don't agree with you with regards to going to a disciplinary meeting when signed off sick. That is not allowed and the OP should write to that effect.
If they are signed off for a specific period of time no disciplinary meeting can take place with regards to their job in that period even if their sickness lasts for a long period of time.

[charitynjw]

Re: Please Comment and Help!!

Have you read this?