Dismissal / Witchhunt

[D4MJT]

I'm after some advice for a friend here please.

I have a friend who is employed currently. She also has a part-time job, in essentially the same industry, although slightly different.

She's been there for 2.5 years now, she moved to them as the company seemed to have a better management and ethos than the previous company she worked for. In the past 12 months, the staff turnover has increased considerably, with 3 of 12 full-time staff being sacked / dismissed.

It's quite clear now, that they're stacking things up against my friend. She's had a disciplinary, and now she's had a meeting this morning where one of the directors basically shouted at her for 2 hours about her conduct. I don't think conduct is an issue, because her other part time job is with some other good friends of mine, and if there'd been an issue with how she works, it would have made those relationships strained.

It's at the point where she's already been actively seeking other employment because of how they're making her feel, and she has interviews lined up. I suspect she'll probably go down the route of resigning before they sack her because of how she feels. However, what she's worried about, is during the 2 hour meeting this morning, the director where she works now, demanded to know the details of where she's working part-time, as they haven't asked for a reference and she found this "highly unprofessional"?

I don't see what that would have to with her current employer anyway, and I'm not sure that they can ask for this information? Unfortunately she's given it anyway, I've just spoken to her on the phone in floods of tears.

What can she do about this situation without making it worse? I reckon she just wants out to be honest now, but she's worrying about what they're going to do re her other employer now.

Cheers!

[williamp]

sounds like they wnat to get rid of her. Get her to make notes of everything as this could- but dont expect it- be a case of unfair dismissal

D4MJT said:

She also has a part-time job, in essentially the same industry, although slightly different.

That is a big problem. Some companies forbid second jobs. Others say they can only have a second job with the directors written permission. Afterall, how do they know that their ideas, clients and secrets are not being passed to the second company? They dont. And they are rightfully worried in my opinion.

Didnt she think to tell them?

so make notes. get professional advice. UCAS dont know and wont care about the job or the company, just whether the laws have been followed during the dismissal process, and whether there is any evidence of constructive dismissal. So get things in writing now.

But remember that if the staff handobok/contract stats about not working for another company, she could be sacked for gross misconduct. I dont think this is as clear cut as others, I'm afriad

[D4MJT]

williamp said:

That is a big problem. Some companies forbid second jobs. Others say they can only have a second job with the directors written permission. Afterall, how do they know that their ideas, clients and secrets are not being passed to the second company? They dont. And they are rightfully worried in my opinion.

Didnt she think to tell them?

so make notes. get professional advice. UCAS dont know and wont care about the job or the company, just whether the laws have been followed during the dismissal process, and whether there is any evidence of constructive dismissal. So get things in writing now.

But remember that if the staff handobok/contract stats about not working for another company, she could be sacked for gross misconduct. I dont think this is as clear cut as others, I'm afriad

Thanks for your reply.

She approached them about the second job, and she got a reference from her team leader for this reason. I don't know what she has in the way of written evidence about this, so I'll find out. I appreciate the concerns here regarding IP, it's something I deal with in my job, it doesn't apply at all to her line of work however. I'm trying to get hold of citizens advice, see what they have to say.

I don't think she's interested in an unfair dismissal case to be honest, she just wants out now, but she's worried why they want to approach her other employer.

[texasjohn]

If she wants out, and they seem to be going down 'that route' why doesnt she suggest a compromise agreement?

They will know this is far less risky than fabricating issues (if that is indeed what they are doing, although it sounds like it), quicker and mitigates missing process steps in their haste to dismiss.

Edited by texasjohn on Friday 9th March 19:30

[pauloroberto]

As an employment lawyer, I like the suggestion of a compromise agreement. However, if your friend initiates negotiations, she will not be in a strong negotiating position. She could propose taking a payment in lieu of notice so that both parties can move on.