Written Warning Received - Appealled - Employer Now Ticked Right Off

[Littleface]

Hi everyone

Wandering if someone can give some advice

My friend has been working for a 'friends' family as a carer at the patients home for the past 5 years with an exemplary record. The person has Alzheimer's and is now bed ridden. She works part time and is salaried. One employee who also happens to be the grandson stays overnight most night in the home and is consistently caught out by other staff for not pulling his weight and completing his duties during his shift leaving others to clear up/cover for him. Each time a member of staff has completed their shift, an update is placed in a book/log. One day, my friend was so exasperated with cleaning up yet again after this person, she left a sarcastic message which family members, who are the employers took umbramce to. The second issue they have is the patients hair are. She has extremely short Afro hair which they want styled to a certain standard. My friend received a warning for,


1. Leaving sarcastic comment in the book
2. Not styling the hair like Viddal Sassoon


My friend was summond to a disciplinary hearing (no preliminary investigation, strait to disciplinary) and the points about the comment in the book and hair was raised

Can they go straight to a disciplinary without an investigation and can you receive a disciplinary because you can't style hair to a certain standard? My friend has written a kick ass appeal, they have written to her saying they want another meeting about her appeal letter. All the panel are family members with no HR as such. She feels totally bullied and pressurised

Sorry to ramble on, theres a lot more but this is the basic gist of things happening

[bluebottle]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

I am bumping this thread for one of our Employment Law experts to look in and advise you.

:bump:

[Littleface]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

Thank you

[miliitant]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

straight to full disciplinary with no fact finding
Not styling the hair like Viddal Sassoon is she a trained stylist
not given the right to be accompanied at the disciplinary meeting

how much time elapsed from when they found the comment in the book to the disciplinary meeting

i wish every one of my disciplinary cases were as easy as this one

what was the sarcastic comment may i ask and i will judge it on its merits

[Littleface]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

It's crazy I know!

The daughter, who is the manager happens to be talented at doing Afro Caribbean hair, my friend used to manage to style it in 'corn rows' (Bo Derek) style before the patients hair started to fall out. The hair was longer when she started but is now roughly 1.5" long and is very difficult to style. The daughter can still do it but not my friend, this was part of the written warning!!!

My friend is going to email what she wrote in the daycare book but it was something along the lines of, 'I am not here to clean up after other staff members' meaning she was fed up of having to finish up the work the grandson should have done before starting her shift in earnest. She concedes she should have been more professional in what she wrote but was exasperated as the manager allows her son to get away with anything.

No investigation was done prior to the disciplinary, in fact, when she attended the meeting, she asked if it was a disciplinary or a meeting and was told it was a disciplinary straight out

[miliitant]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

well if she is dismissed then the dismissal would be unfair and unlawful

all this needed was a quiet word in the ear of your friend

it seems she is clued up on employment law and has appealed their decision
when is the appeal, i do hope it is in within 2 weeks of the request

any problems, questions then please ask, i am allways on the forum

[Littleface]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

Thanks. She has appealed hence me posting. They want another meeting to question her points. She feels there is no need as surely the decision they made was on the 'evidence' they already had. Her appeal highlighted the processes they made were wrong and biased etc. she feeling harassed and bullied by them now.

Last two questions, she was told a decision would be made in 7 days, she received it after 9 days although the letter was dated 5 days after the hearing, is this now null and void?

Can she refuse to attend the 2nd meeting to go through her appeal?

[miliitant]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

Last two questions, she was told a decision would be made in 7 days, she received it after 9 days although the letter was dated 5 days after the hearing, is this now null and void?

Can she refuse to attend the 2nd meeting to go through her appeal?

the decision length is fine, i take it she was not on suspension so no monetary loss
(please confirm)

she has to attend the appeal meeting, it will be seen as unreasonable if she does not. anyway, she has done nothing wrong to warrant a disciplinary meeting let alone an appeal

[Littleface]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

Thanks yet again. No, she was not suspended. I'll advise her to attend the appeal hearing.

You rock!

[miliitant]

Re: Written Warning Received - Appealled - Employer Now Ticked Right Off