gross misconduct allegation

[Matthewinhampshire]

Hi, just wanted some initial views please. My daughter works in a national chain restaurant. She didn't turn up to a training event recently and neither did she phone to give her apologies. At her next shift she apologised, explained why etc. As a result she was told that she was being disciplned.

She was given the impression by her manager that her disciplinary letter was in the office for her to collect. So she went to the office to collect it (I understand this to be fairly routine for staff to collect payslips etc from the office). Sure enough on the desk was an enveloped addressed to her containing an invitiation to a disciplinary hearing in a few days time. The following day she was contacted by the employer to say that she was suspended and since then she has received a letter from them to say that they are now investigating a case of gross misconduct - "the unauthorised possession or removal of property belonging to the company", the property in this case being the disciplinary letter!!

This to me sounds completely ridiculous, can an envelope addressed to her, for her attention be classed as company property, can she really be accused of unauthorised removal of this "property" when she was under the impression she was to collect it?

Thanks in advance.

[Kati]

Re: gross misconduct allegation

:bump: for [MENTION=19071]teaboy2[/MENTION] [MENTION=26290]mariefab[/MENTION] xx

[mariefab]

Re: gross misconduct allegation

It's nonsense isn't it?
What if she hadn't collected it, then failed to turn up to the disciplinary because she didn't know the date and time?

Can she remember exactly what her manager said about the disciplinary letter?

[Matthewinhampshire]

Re: gross misconduct allegation

Thanks
as i understand it, my daughter apologised for not attending the previous days training event, the manager replied that "that wasn't good enough", he then said that "your disciplinary is in the office, we will meet on Friday and you will have your chance to explain" - she took the phrase of "your disciplinary is in the office" as meaning your disciplinary letter is in the office (ie an instruction to get it) so she went to get the letter which was in an envelope addressed to her and signed by him. The manager , 20 minutes later saw her with the letter but didn't ask for it back. Can this really be classed as removal of company property?

[mariefab]

Re: gross misconduct allegation

Did the disciplinary letter state that the disciplinary meeting/hearing would be held on Friday?

[Matthewinhampshire]

Re: gross misconduct allegation

Hi, yes, the letter was dated 15th Feb, she collected it on the 15th Feb and it advised her that the disciplinary hearing would be on the 19th Feb. It was signed by the branch general manager. The disciplinary at that point was only in relation to the not showing up for the training event. The allegation regarding removal of company property (ie the disciplinary letter) has come afterwards.

[mariefab]

Re: gross misconduct allegation

Did the hearing for not attending the training event still go ahead on the 19th?
Or have they postponed it so that they can deal with both issues together.

[Matthewinhampshire]

Re: gross misconduct allegation

Hi, no the hearing scheduled for the 19th didn't go ahead. and there no mention of the non-attendance at the training event contained within the letter informing her of the gross misconduct investigation.

[Amethyst]

Re: gross misconduct allegation

Is there something else going on at work ? Fallen out with anyone? Was the reason she didn't attend the training related to any relationship type issues at work ?

How was the 19th meeting cancelled ? Did they inform her or was she just there at the relevant time but nothing happened?

Has she spoken with the HR dept at all at HeadOffice (presumably there is one for a national chain) above her manager?

[Matthewinhampshire]

Re: gross misconduct allegation

HI, i'm not aware of people falling out as such but there is certainly a lot of bitchiness around the place. She didn't attend the training day because she didn't set her alarm! Which she apologised for and this is the 1st time in 2 and a half years working there that this has happened (which is documented on her conduct sheet)

The 19th was cancelled via a phone call on the 17th or 18th I think.

And yes she has been in touch with their HR but awaiting a reply.

Could her letter of disciplinary be classed as company property do you think? It doesn't sound paticulalry credible to me and has the feel of someone looking for any old reason to pin something on her?

[mariefab]

Re: gross misconduct allegation

Did the letter about the training event give the time of the hearing and did it state that she had the right to be accompanied by a union rep or a work colleague?

[Matthewinhampshire]

Re: gross misconduct allegation

Hi, yes it dd.

[mariefab]

Re: gross misconduct allegation

All I can suggest is that, while she's waiting for their next contact, she prepares 2 statements.
One to deal with the training event issue.
Another for the disciplinary letter issue. Perhaps something like...

On Monday 15th February, after my manager told me that I was going to be disciplined about the training event, he told me that my disciplinary was in the office.
So, I went to the office and collected the letter.
It was in an envelope addressed to my name and it stated that a disciplinary hearing would be held on Friday 19th February at (time) and that I had the right to be accompanied.*
About 20 minutes later the manager saw me with the letter and made no comment.
I had no reason to consider that I was supposed to receive this letter by some other method.
When I collected it I believed that I was following a management instruction.
I have no previous experience of disciplinary procedures so I don't understand why collecting a letter addressed to and intended for me could be "the unauthorised possession or removal of property belonging to the company".

* Add here any other information that the letter contained.

[Matthewinhampshire]

Re: gross misconduct allegation

yes, will do and thanks.