Wife has a disciplinary hearing, HELP!!

[markdraper66]

Hi

I have been floating around the boards for a while now, and there has been some great advice given, my turn to ask for help.

 

My wife was given a disciplinary hearing from her work, for something she didn't even do.

 

The story is this, she was given a letter from one of the management about a Group that was set up on Facebook, about the company she works for and someone had made my wife the creator of this group, the problem is, the culprit has defaced the company logo and said some bad things on it, but now the person who we are pretty sure it is, has left the company, well about 4 months ago now.

 

My wife has now had this hearing decided and it's on Friday 22nd Feb, tomorrow, what can she do to stop them from blaming it on her, she can't even print stuff properly, let alone do what this person has done.

 

Please help....

[Sidewinder]

This all sounds extremely unfortunate for your wife, and I can understand her anxiety. All that I can suggest is that she makes a categorical denial of any involvement and tells them what she knows and stress that she is as angry as they are to discover that her name has been linked with it. It is for them to prove that your wife has had any part in the setting up of the site, and your wife should advise them that if she faces disciplinary action for something which she had no part in (how could she have when she wouldn't know how to set up the site) then she will defend herself vigorously and will not hesitate to take legal action if neccessary.

 

Sadly this is getting more and more prevalent on social networing sites, and employees are being sacked as a result. It is essential however that the employer can prove that those they accuse are guilty!

 

Insofar as the hearing is concerned, has your wife been given the right to be accompanied. Make sure that she uses it, with a Union rep if applicable.

[markdraper66]

Thanks Sidewinder

 

I have been to CAB, and they told me to deny anything as this is not true, so same thing as you did.

 

How can they prove this was done by her, we have emailed Facebook to see what they say, but it takes 48hrs from yesterday, but the hearing is tomorrow... see what happens.

 

I was also told to speak to the police and say it is identity theft, in a way, so my wife is doing that.

 

I cannot believe that this has come about, my wife has done nothing wrong, to her or the company.

[bulldog1]

hi mate , does your wife have a union rep to represent her

[bulldog1]

M , your wife has the right, as sidewinder states, to be accompanied at the hearing by a rep or colleague. She MUST insist on this right as manage ment will have at least three at the hearing. She must also insist to have a copy of the minutes from the hearing. I cannot express how important it is to make sure that she follows this advice,as I have attended these 'kankaroo court' proceedings masquerading as disciplinary hearings quite a few times in the past as a TU shop steward. Tell her to try and remain calm, and do not rise to any provocation from the management whatsoever.

[Sidewinder]

Tell her to try and remain calm, and do not rise to any provocation from the management whatsoever.

 

Cannot agree more. When confronted by the management, deny point blank any involvement, remain calm and make sure that she has a witness taking notes. Tell them that she has also taken independent advice from the Police regarding somebody using her details, and that you have asked Facebook to investigate. At the very least the matter should be adjourned there and then as they will have absolutely nothing which can be proven to be your wife's responsibility.

 

I cannot believe that this has come about, my wife has done nothing wrong, to her or the company[/Quote]

 

Naturally I don't know your wife, but for what it's worth I believe her absolutely! Tell her to be confident and remain so even if she feels browbeaten at the hearing. She has done nothing wrong, it is malicious action by somebody else and she wants her name cleared as much as the company want to punish the person responsible!

[electron99]

The difficulty will be if during the meeting she is asked who she thinks is responsible. It may be best to reply that she has a rough idea who it is, but because she cannot offer any proof, she declines to answer the question.

[markdraper66]

cheers guys, for all your information, we will just have to see what happens tomorrow, I think she has most of the company behind her saying it's not her that has done this.

 

I will let you know what happens...

[*Twinkle*]

What happened then??

[markdraper66]

Well, she had a lot of information that showed that she didn't or couldn't do it, and had a few of her collegues go in and show how easy it is to do this to someone.

 

But they downgraded it to a final written warning, so I guess they just needed a scapegoat for this incident. She can appeal, but we haven't so far got anything to go back with, Facebook aren't being helpful now, they need a court order or something to do into it deeper.

 

But thanks for all the info and help.

Mark

[Lula]

I would appeal the final written warning, why should she accept it if she is not at fault? if she accepts it then it is as good as admitting it

[*Twinkle*]

I would appeal the final written warning, why should she accept it if she is not at fault? if she accepts it then it is as good as admitting it

 

Exactly what I was going to say!!!!

 

Bear in mind also, your wife accepts the final warning and then the 'facebook fake' does something else. Your wife is almost gaurenteed to get sacked for it!!

 

You need to take it all the way my friend, she's innocent and needs clearing!

[Sidewinder]

I couldn't agree more with Twinkle. They must have cited a reson for the warning. If she had no involvement whatsoever with the site and is not guilty of the reason cited for the warning then appeal. If you are unsure of the wording or are struggling for something to write, then just ask for help

[markdraper66]

Myself and my wife are struggling with what to do now, so any help is going to be great.

Thanks

[Lula]

I am going to ask someone who is experienced in this to come and take a look

[Sidewinder]

Whilst I have little sympathy for people so indiscrete as to lay themselves or their employer open to ridicule through social networking sites, I feel angry that the OP's wife should be wrongly accused of involvement through somebody else maliciously putting her name to something. There is an absolute need to see this case through and to clear this lady's name. A final warning is not to be treated lightly and could lead to dismissal for something relatively trivial - if it is unjustly given then it has to be fought.

[Ell-enn]

Hi there, I'm appalled that your wife has been given a final written warning for something which is so unsubstantiated. She should most certainly appeal this decision.

 

Is it possible the real culprit used a computer at work to do this? If so she should ask the company IT dept to have a look at the internet history log for all computers to see if any of them have been used to access that particular entry on Facebook.

 

What's the story with Facebook needing a court order, can you detail their exact response to your enquiry please.

 

If possible, I would advise your wife to seek advice from an employment lawyer who offers a free initial consultation, he may be able to offer advice on how to get the information you need from Facebook.

 

Kind Regards

 

Ell-enn

[cal37]

She needs to put in her appeal letter now, in most cases you only have 5 - 7 working days to put your appeal in.

Once the letter is in, collect all the statements and information to support her case you can. Do not go into the appeal hearing alone, make sure you make it clear that you are willing to take this to a EAT if your appeal is turned down.

Make it clear in the minutes that you do not except the written warning as you feel it’s unjustly given.

If you need help with the letter or to get your appeal case ready then feel free to ask

[bulldog1]

M66 , You and your wife go through those minutes with a fine tooth comb,over and over again, I am fairly confident you will find something that does not ring quite true in there, THEN LET EM HAVE IT.

[MilkTrayMan]

Hello markdraper66!

 

Here are a few external links that U may find useful reading through...

 

Acas - Discipline

 

A-Z of Employment - BERR

 

Employment

 

Community Legal Service Search

 

Disclaw Publishing - Employment Law, unfair dismissal, redundancy pay

(...scroll down the lefthand index of the above link to obtain required info.. )

 

 

...

[*Twinkle*]

Hi Mark,

 

Any update? Did you get the letter in? what did they say? Has she been cleared?

 

Twinkle

[PI Guy]

the company will decide "on the balance of probability" if she is guilty or not. This means that they have to be convinced more than 51% that she is. I would defo appeal against the warning if she is innocent.

[Guest Old_andrew2018]

hi

 

Any news

 

Regards

 

Andy