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Being Forced Out of Job Following Disciplinary


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In the past week, my partner has been the subject of a final disciplinary warning for alleged unprofessional conduct in a meeting when she used the word bloody which was interpreted as also being aggressive. The HR management investigation is so full of holes it is laughable, they didn't even bother to speak to all of the people in the meeting to see what was said - and it is a case of a real kangeroo court. The union representative is now working through pulling it to bits and will hopefully get the right result in due course. In my opinion they are using the disciplinary process as a smokescreen to force her out of her job.

 

During the investigation and since the disciplinary, she has been basically removed from her management position and asked to go and work at another site. They have now indicated that they want her to leave and take a month's pay as severance. Her manager has made it clear that she does want her to go back. In addition, they have put on the bottom of her unrealistic performance improvement plan that they want to change her place of work demote her and get her to start working weekends and different shifts. She has signed the plan but objected to the change of working patterns. They basically wanted to make the changes immediately.

 

What are her rights about place of employment and hours of work? As far as I can tell her employment contract shows that she is employed as a manager in a single location.

 

She is understandably upset and stressed out by the whole affair and just wants to leave. Is this a case for constructive dismissal?

 

Thanks for your anticipated help and advice.

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