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Flowery, or anyone else with HR knowledge. We have our first serious misconduct hearing on Monday. Come and hold my hand, please!

8 replies

AnEmployer · 14/03/2008 20:14

I am a regular but have namechanged.

First off I have to say that this employee is good with clients, a good time-keeper and has a good sickness record.

However. She had an informal warning a month ago for shouting at another employee in front of clients and has since gone on to reduce three staff members to tears (one of whom was the one involved in the original row.)

She is a junior (ie. untrained, though she is halfway through her training course) and apparently gives the impression of being a 'know-it-all.' Tellingly, the people she has chosen to pick-on are either new staff or other juniors.

What she is doing is, in effect, bullying and we don't want to lose other staff as a result of her actions.

We have got three statements from the 'bullyees' and have given her a letter today asking her to come for a meeting on Monday. We use a firm of employment lawyers and have consulted with them throughout. They sent us through a standard letter to give to her wrt the meeting on Monday.

I have a couple of questions which I hope you won't mind me asking.

Who should take notes during the meeting? Can it be the person conducting the interview, which in this case will be our manager. Or should it be an extra person? If she chooses to have someone with her for the interview, would they be able to take notes?

Also. If she becomes tearful/upset, which I suspect she may - should we give her the rest of the day off? Or should she continue her working day?

I do hope you don't mind me asking you this here. I know I could/possibly should phone our lawyers for this - but I'd like your advice as you obviously know your onions and I also thought it might help any other mnetters in a similar situation.

If anyone recognises me from this post I'd appreciate you not 'outing' me.

Thanks.

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flowerybeanbag · 14/03/2008 20:29

See, now you are making me feel bad. I really can't help you with this, I'm so sorry.

Trouble is you're an employer, and I charge employers in exactly your situation for this kind of advice and support, so I couldn't in all fairness come on here and give the exact same or similar support to you (and therefore the whole world) for free, I'm so sorry.

I hope you understand. Your lawyers will be able to answer the legal questions, about the role of her supporting person, who can take notes etc. They can't obviously give you good advice about how to manage tricky situations where it's not necessarily the law that's the issue, but at least legally they'll make sure you're ok.

Maybe someone else might have some advice or have been in a similar situation and be able to help you, I hope so.

I'm really sorry, it's very frustrating for me sitting here with loads to say but I hope you understand why I can't say it.

I hope it goes well anyway.

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AnEmployer · 14/03/2008 20:39

Sorry.

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flowerybeanbag · 14/03/2008 20:41

No don't be daft, that's fine, can't hurt to ask, just hope you understand

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KatyMac · 14/03/2008 20:41

Get in touch with ACAS I think they can help

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Reamhar · 14/03/2008 20:45

I'll have a bash at this for you.

Who should take notes during the meeting? Can it be the person conducting the interview, which in this case will be our manager. Or should it be an extra person? If she chooses to have someone with her for the interview, would they be able to take notes?

Can be the manager, but it might be easier to have someone who simply scribes, rather than talk and write.

I might be picking you up wrong, but it definitely shouldn't be the person who accompanies your employee who takes the official record of the meeting.

Also. If she becomes tearful/upset, which I suspect she may - should we give her the rest of the day off? Or should she continue her working day?

You should act in whatever way would seem fair and reasonable in the circumstances. If she is upset, it would be more compassionate to allow her to go home.

Hope this helps.

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joyfulspike · 14/03/2008 20:47

I'm not in HR, but have attended these sorts of meetings with my TU hat on as a supporter to the person called to the meeting.

In my workplace, what tends to happen is the snr mgr takes the meeting with someone from HR taking notes. The summoned person also attends and can take notes if they wish, or if they take a friend, that person can act as an observer and take notes.

We wouldn't get a day off afterwards, unless they took it as leave no matter HOW upset a person was.

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joyfulspike · 14/03/2008 20:48

sorry to clarify the offical record of hte meeting is taken by the HR person, the 'accused' or their supporter can take note, but only for their own use.

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flowerybeanbag · 14/03/2008 21:30

I am sitting here arguing with myself about whether to do this, but I hate leaving people in the lurch and despite the wonderful legal advice I am sure you are getting, it's not just the law this is about, and I'm conscious it's Friday night and the meeting is Monday.

I don't want to advertise and this may be deleted, if anyone's unhappy please report me that's fine, but anemployer if you want some help for a MN discount my email is flowery dot beanbag at ntlworld dot com

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