UK Employment Law
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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there for?
I think 5 years
Is this a formal disciplinary she has been asked to attend?
Yes, HR plus 4 others
I see no issue with the length of notice given for the meeting, the minimum notice required is usually 2 days so as she has been asked to attend on Thu that is sufficient notice in the circumstances. As to what the union should provide her with that depends entirely on what she is entitled to under her membership with them. Unions do not just provide legal help and she needs to check what her membership actually entitles her to. If she is entitled to receive legal help and meets any necessary conditions to make her eligible then she can certainly ask her union to provider her with such legal assistance as needed
It`s unison, they say they do. Will they be able to at such short notice do you think?
depends entirely on their resources the level of assistance required, etc. Only they can answer that query I'm afraid and she needs to contact them ASAP if she requires their assistance
OK, I told her to ring them ASAP. Do you know of people getting sacked when they weren`t actually seen doing it? They want rid of her because of poor sick record IMO.
yes it is entirely possible - the employer does not need to prove with 100% certainty that the employee was guilty of the allegations, employment law is not that strict.
In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:
Ok thanks. It`s not sounding good. A couple of busy bodies having it in for someone doesn`t seem fair. Let`s hope union will come up with help.
I would hope so too
There are some discrepancies in the statements though, so she can point these out and some evidence is flimsy. Like one says some milk was missing from the fridge and she was on shift that day - so were several others. It was in a carrier bag under her handbag, how would they know it was her handbag etc. Do you think it helps to point out that a couple of people may do this to be vindictive?
yes if there is history to suggest this may be the case it is all relevant evidence that she can bring up at the hearing - that is her platform to try and convince the employer that she is not guilty
Thank you for your advice.
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