disciplinary help please

A question about : disciplinary help please

apologies if this is in the wrong section, mods please move it.
My girlfriend has returned to work today after 3 weeks off sick (personal issues) to be greeted by her store manager who handed her a letter to attend a disciplinary hearing later today because another member of staff has made a 'serious allegation' against her while she was off, about a text that was sent. Long story, out of work a girl at my girlfriends company said some tihng about her to a group of people who knew my girlf well, she sent this girl a text saying 'keep out of my business and dont take the p out of me', since the the girls made a allegation of bullying

1) does a text sent out of work, on a non work related matter mean she can be disciplined in work?

2) is my gf entitled to an independant person in the hearing with her manager?

no doubt will have some more questions today people

many thanks in advance

Best answers:

• 1) yes
  2) yes, but it is normally internal to the company, so a colleague or union rep (ie not you). However if it is just an investigatory interview and not the start of a formal process, then no. She can take someone in later if it goes formal.
  by the way, "personal issues" is not a recognised form of sickness. I hopeher doctors line says something properly medical! (I don't want to know what it is tho, prob. not relevant)
• Hi
  Thanks for your reply Emmzi
  1) How can a text out of work, non related be used in work for disciplinary procedures? (not arguing, just wondered why?) My gf has remained professional at work, just chose to distance herself from this person out of work
  2) Update, gf was told her hearing was to be adjurned for an hour while her manager decides what to do and write her notes up, upon returning my partner was suspended on full pay, walked to her locker and watched empty it. Her store discount card was taken from her, as was her locker key. At no point was she offered someone to sit in with her.
  Sorry, i put personal issues as i didnt want to tell the world what was up, obviously the reason IS on the doctors note, but i dont feel it has any relevance here.
  Thanks again
• 1) If we work in the same place, you walk out of the office and I beat you up, should your employer be concerned? This allegation is no different. The bullying does not have to be physical. Besides which once the complaint has been made, the employer has a duty of care to investigate it and act accordingly.
  2) This is probably standard procedure within the company whilst the incident or complaint is investigated and any hearings or meetings arranged. I would expect her to receive a letter with a date for a formal disciplinary hearing.
• Are you sure the meeting today was a 'disciplinary' hearing or an investigative meeting? If it was indeed a disciplinary hearing, she should have been given the opportunity to be accompanied, however, as she was suspended after the meeting, I suspect it may have been investigative.
  If the only evidence is the text that you quoted in your post, then I would suggest there is no evidence of bullying - more of handbags at nine paces, although that assertion is based on the information you have posted.
  I am unsure as to how something out of work can result in potential disciplinary action unless of course if some criminal or other activity has been going on that could compromise her or the company's position.
  Where do you draw the line between work and social activities conflicting?
  Your GF should hear soon about the next course of action and I would imagine it will be a formal disciplinary hearing.
• Surely 24 hours notice is required for a disciplinary hearing???
• it sounds like an investigative meeting to me and a letter outlining the formal hearing should follow.
  It is completely in order to expect employees not to be abusive to each other outside the workplace, as it impacts inside the workplace, so this is a valid investigation.
• if it was a disciplinary she should have been given 48 hours notice , information as to what the disciplinary was about , and the right to be accompanied by a union official or a work colleague.
  I am assuming your gf will also be accusing the other girl of bulling
• Perlirocco, I was just about to say that too.
  Your girlfriend surely can suggest that the things this girl was saying about her was also bullying and she was merely defending herself.
• There is actually very little a Company can do to discipline someone for something they did outside work unless they break the criminal law or bring the Company into disrepute. So beating someone up could* result in a disciplinary, but sending a text from one personal mobile to another personal mobile (I take it that neither phone is Company property) would not. Bullying, if established, could arguably count as bringing the Company into disrepute and so subject to a disciplinary, but it would have to be established that it actually constituted bullying which means the text would either have to have a very serious abusive content (such as racist abuse) or be part of a repeated pattern of behaviour. Simply sending a text out of work that someone didn't like is none of the Company's business.
  * there is actually a case where someone punched his manager outside work and the dismissal was ruled unfair due to it being outside work.
  PS they may have it in for her anyway as she has been sick for a long time.
• It is legitimate to suspend your gf while the allegation is investigated. This does not mean she will be sacked. If she is, she can take the case to an employment tribunal for unfair dismissal providing she has at least a year's service.
• Thanks again, she has 7 years service with her counter (cosmetics), and when i say manager i mean her area manager for the brand she works for, and the other girl doesnt even work for the same cosmetic brand... and, belive it or not, my gf area manager, who suspended her today, has never even spoke to this other girl!!
• Call ACAS for free advice.
  https://www.direct.gov.uk/en/Dl1/Directories/DG_10010857