work related problem trying to sack someone

silverdale

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It's my niece who's in a pickle at work. She's in her early 30's , learning difficulties (classed as a vulnerable adult). She was made up getting the job and wouldn't say boo to a ghost.

She started about 18 months ago at this packing distribution centre. The majority on her line are Polish in fact out of about a dozen there are only 2 English people. So one day a few week back the boss said at teatime that extra work was due in and they would have to work abit late to compete it.

The niece saw how much and said to the others we wont get finished. Anyway, when the extra work / packing was handed out she got more than the others. She asked for help from her work colleagues but the all helped each other and left her to struggle.
I must point out she never complained , never swore or kicked a stink she basically finished at 20:14 while all the others finished at 20:08.

Sh got home and on Facebook to the wife she said "I hate those P at work" the wife said "why ?" she said because they just do. We later found out what she meant was "P" for pricks but she doesn't as a rule swear not even in type incase her mum reads it, she's that way even in her 30's through her learning difficulties.


Not long after she said on Facebook , when the wife was talking/typing to her , "I should change my name to a Polish one , they get away with murder". This ref was regarding an article on the TV regarding the influx of eastern europeans and some Polish and the health service been swamped. She said this because she couldn't get in to see the doctor they were that busy.

There was no reference to Polish "at work" she was referring to the Polish in general who she saw (with the wife)on the TV.

The next day she was summoned to the office and was told that some anonymous person had printed it off and handed it her comments and they would like to investigate this, no disciplinary action just an investigation. Their reason ?, on her main page on her Facebook she listed the companies name as her Place Of Work.

A date was set for this investigation and her mum went with her but she was not thinking straight more fired up tbh. I must point out that no incident took place at her work, she made no complaint about working late, no ref to Polish , nothing on that night so no complaints were forwarded about her time at work. It was no more than been told you have to work late and she was peaved , who wouldn't be.

There was no HR in the room , just shop floor management and the wages woman !!, but they were hell bent on making out something had taken place that night at work when nothing did. They said she was warned for telling others that they might not get finished that night when the extra work was handed out.

Stupidly though, her mum said to the about the Facebook remark (rather than asked the daughter) she was pished off with those Polish who wouldn't help her at work that's why she said that on Facebook but the daughter was so nervous and scared with it all she kept quite.

On the face of it it does look like she has said what they think but she makes no ref about "P" and Polish and in my thought pattern no racist remark. If that was the case then why did she mention "Polish" later in the conversation but so called left it out and just typed the letter "P" instead ?. I can honestly say , hand on heart she is about as far away from been a racist than anyone I have ever met.

It seems the company are trying to make out some incident took place that night at work then they can marry the incidents 2 together when in truth nothing happened at work bar her working a bit late and she was annoyed but kept quite.
The has been no witness statements from any shop floor workers except management who were no present on the shop floor.

We think they are pressing to get rid of her and if they can pull the 2 together then they can step it up to disciplinary action and sack her. She hasn't been back since all this and is a bag of nerves.

Her mum got quoted £240 for 1 hours legal advise and the citizen advise said she needs to take some legal advice but she cannot afford that so on that do you think they are in the wrong or are within their rights ?
 
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Facebook the ruination of privacy.

I know, I don't use it ever , well bar entering competitions. I have seen the print out conversation and it is so trivial it's frightening. It's 2 lines and the rest is the wife and her chatting chit chat shite.

Oh there was another another statement of drivel but management said it was anonymous. I feel writing one if their accepting them from every one !. Surely anonymous should be binned ?
I just wanted to know were she stands on the legal front and what they can do over something so small.
 
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not a good idea chatting on the likes of facebook etc if we have any mention of work related stuff instant dismassal here

i never use it & never will
 
A tribunal will hammer them if they don't follow their own procedures. Find out what their procedures are for such an event.
 
Well as far as I'm aware it's all abit mish mash. They are basically just questioning her about both incidents but like I said, there was no first incident at work, nothing went on to warrant even a talking to.

The management wrote "She was told not to tell the others about not finishing on time" and when her mum asked this guy certain questions he answered them like a politician , in a roundabout way without actually answering them.

- - - Updated - - -

not a good idea chatting on the likes of facebook etc if we have any mention of work related stuff instant dismassal here

i never use it & never will
Would someone be sacked at your place if they called someone a "P" (no other letters)
 
You want to hope that the managers not on DW or he might start more trouble.
Without all the facts and companies procedure no one can help.
Its all second hand info and hear say to be honest.
 
Citizens Advice Bureau would be your best bet, I take it no union??

I agree with @Spectre on this one!


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Make an appointment with a solicitor, no win no fee if you can't afford it. I did a few years back and won. They can tell you a lot more than us.

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It may be a good idea to get in contact with a charity like Scope UK or Mencap as most charities of their size have advisors or advocates who will be fully trained in dealing with cases like this and will be of great help to your niece and best of all it will be for free.
 
my sentiments are as many others have posted.
1)try approaching well known charities and ask for help..all they can do is say no
2)If you take action ensure you have facts and proof
3)get your niece to cut her losses and seek employment elsewhere although she may be in the right is it really worth the hassle and the impact it may have on your niece,s life.
4)once she has left start your own campaign..contact local papers etc..
 
Thanks guys, I think she doesn't want to go back as it will be any old excuse to get rid but she doesn't want a sacking and a racist tick on her CV. What's more annoying , she liked the job and was a good worker.

In today's day and age that will be like going for a job in a hospital with bubonic plague.
I shall pass on all the advise , thanks again
 
Bit Late sorry,
2 things "has your niece at any time been told not to post work related topics on social media 2."what is the companies policy on safeguarding , as she comes under the category as a vunable adult.
 
Bit Late sorry,
2 things "has your niece at any time been told not to post work related topics on social media 2."what is the companies policy on safeguarding , as she comes under the category as a vunable adult.

I will find out and get back asap on them questions.
 
Bit Late sorry,
2 things "has your niece at any time been told not to post work related topics on social media 2."what is the companies policy on safeguarding , as she comes under the category as a vulnerable adult.
Just spoke to the missus who has informed me that the company have a ADL IT Policy & Procedure doc 7 pages ,. This has to be read and signed by all employees. The first time the niece has seen this doc was at the disciplinary hearing and she has never seen it or signed it.
I will have to ask about the vulnerable adult thing and get back
 
Well there f***ed first rule of thumb all employers have a duty of care to there employees , so this document should have been produced on her site induction, she should have read it and signed that she had done so and understood .Regarding the safeguarding issue , does the company know your niece falls in to the vunable adult category ?
 
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