"Investigation Meeting" advice please?

[Spiritgirl59]

Hello guys, I last got some very helpful advice from you in 2012 and am so glad your forum is still here. I wonder if someone experienced in employment issues could please help me? My son works for a large retail outlet. Today someone from that store put a letter through our door addressed to him "by hand" inviting him to an "Investigation Meeting" on Saturday this week. This is apparently to discuss allegations of failure to inform a duty manager that my son intended to leave work and leaving work prior to finishing time (which my son denies) and failure to inform a manager that he was unfit for work in his department on one particular day (which he also denies, and I know to be untrue because I heard him on the phone informing the said person that he was unfit!). The "invitation" letter was posted through our door this morning and is not even on store letter headed paper. It is typed up on a sheet of A4 and there are no company details on it, in fact the name of the company is not even typed correctly. In the letter my son is advised he can be accompanied to the meeting by a colleague or an authorised Trade Union rep and a parent/guardian. The letter is from his section manager and my son is asked to contact him upon receipt of the letter to confirm his attendance and name his chosen representative if known. My son is also my Carer and cares for me on Wednesdays and Thursdays while my husband is away. My son only works 16 hours a week for the store in question on a flexible contract. His hours are down on paper as 1oclock until 10 oclock in the evening on a Tuesday and a Saturday. However his section manager has been trying to get him to work from 3pm until midnight on these days without having a consultation meeting about it first (which the Trade Union have advised him should happen). My son has refused to work beyond 10.00 pm and feels his section manager is victimising him because he has taken advice from the Trade Union and has refused to change his hours before a consultation meeting takes place. From a personal point of view I am furious about this and the fact a letter has been put through our door "by hand" like this giving him hardly any notice. I feel their tactics are underhand. Can you offer any advice? Many thanks in advance.

[fuzz66]

Hi, I am also dealing with a similar matter. I can only advise from experience and not legal capacity. He should obtain a copy of the disciplinary policy. Also I found a lot of info on the ACAS website. Remember an investigation meeting is fact finding and to see if there is a case to answer. They can't take disciplinary action unless there is gross misconduct involved, until they have had a disciplinary hearing. I am sure there are guys here to help.

[cymruambyth]

Send tastyjane a message and see if she can help you.

Is you son a union member? If not, speak to the union he has spoken to and see if he can join and get help for Saturday. Is the meeting during his contracted work hours? Tall him to start listing everything he can remember and whether there were any witnesses to any of this. Is there a record on his mobile or house phone bill that shows when he phoned in?

[Spiritgirl59]

Thanks guys. Yes thankfully my son is a member of USDAW and had told them about his treatment by his manager in the recent past. They advised him that his manager can not change his contracted hours without a contractual meeting which they have failed to arrange and should not therefore be trying to penalise my son for not agreeing to change his contacted hours just at the verbal request of his manager.
He does have a record of the phone calls he made regarding his absence.
The meeting is during his contracted hours but as he is entitled to have his union rep with him if the rep is not available on Saturday they will have to agree to it being rearranged. He is getting a copy of the disciplinary policy.
Hopefully now he has involved his union rep again today things will get sorted fairly. I will keep you posted.

[cymruambyth]

Fingers crossed that everything works out; hopefully with the union being involved he will be fairly treated.

[The Tech Clerk]

a well know top department store treated me bad, but the worse thing they did was to go into a hospital and tell a member of my staff that he would be unable to carry out his job due to his condition so therefor employment terminated. Well as a shop steward in those days I contacted local TGWU rep who took the case on and ended up in a court case, and the Company solicitor pointed out to the panel that he would be unable to work again_ OH! asked the chairman? is that a fact? yes was restated - the person whom you state happens to be a court usher within this court! case lost full payment of unfair dismissal with all cost awarded to defendant and warning regards any further cases with such a nature will be frowned upon!


a few months later I was got rid of as that I had too many problems as my daughter in a coma and later died . chances of looseing house due to family problems and that an area of change to smoking area changed and I was warned off as no staff to cover my breaks , I was on 24 call outs and running goods in/out move this move that etc etc,,, well they lost that case as well, in fact they settled 2 days before tribunal. but i suffered for years after trying to establish myself again. as no body wants to know you ,

[Spiritgirl59]

I'm so sorry to read about what happened to you Tech Clerk. I'm just so relieved my son has got the Union behind him now. I was worried that he would try to deal with this on his own which is why I came on here to ask for advice, and his employer would take advantage of him, but thankfully he is taking his Shop Steward into the meeting with him.

[The Tech Clerk]

good let us know how it goes my case was back in 1987