If you are backed against the wall, just remind them that revenge is a dish best served cold and that you WILL have the last laugh.
You might not get a reference after that, but will give them something to think about... 😈
timdrayton - MemberTBH I think she is screwed, she doesnt particularly want the job anymore (and certainly not following a long battle to get her reinstated) so i think the best way out would be a negotiated exit with minimal fuss, and a decent reference...
Forget all the legal advice and the armchair lawyers. If she is already feeling stressed then, like you say, the best thing for her is to get out - one way or the other. It doesn't matter who is right or wrong, chasing CAB and employment tribunals will only stress her out more.
Who said work caused the stress?Has she medical proof of stress.?Maybe she should join a union asap.She is probably guilty but may have mitigating circumstances whereby a final warning may suffice.Maybe your mum needs a few weeks off to help her recover
From what you have said things haven't been done fairly or by the letter of the law but it appears a lot of this was verbal and as a member of the CAB said to me "it's not about what is right, it's about what you can prove".
The CAB is a fantastic service, more so when you consider that it's free and staffed by volunteers but when I went through this I found that most of the time you can't get a straight answer to a straight question. This isn't their fault it's just the way the law is so that basically leaves you on your own and you have to be prepared for a fight.
IMO you'll have to handle this tactically, you don't want to fight it but to get as much from it as you can you'll have to show you want to, remembering that the company will always be more scared of legal action than you as they have more to lose. A problem you do face though is if your after a good reference it relies on trust and it is something you could get promised and then get royally scr***d on.
Maybe she should join a union asap.
Unfortunately the union might not deal with issues originating from before the union membership began.
Take yer mum, out spoil her, take the weight off her.
Then, go have a polite word with the manager, advise him to back-off without delay;) tell him that your mum is leaving anyway but expects normal notice conditions. I.e, paid for remaining holidays, a months wage, a fair reference, etc.
If he refuses, burn him alive, it's your Mum after all and you did give him the chance to co-operate.
Fackit - thats not enough to settle for IMo - given that there appears to be procedural mistakes than I'd be looking for several months salary.
As Druidh says tho - how much more stress is worth it?
Get the real advice, decide what she wants then go for it. Do not go round as concerned son and get involved - keep it professional and correct
She made quite a serious error by the sound of it so some sort of disciplinary is expected and the severity depends on the seriousness. No doubt she had a good record before this, so ask yourself: Why would she feel like taking a short-cut unless she was under unreasonable performance pressures?
If your she really is having health problems then the employer needs to recognise this IMO which it sounds like they don't because they asked her to increase her hours. Seeing a doctor and get signed off is not a bad option.
I don't think she is going to keep her job and probably would not want to given the atmosphere. So a graceful exit seems the best approach IMO. Try to negotiate some terms which avoid being fired but give some breathing space before looking for other work. Some other poor sap will get her job and be subject to the same pressures she's been struggling with.
Good luck mum!
The people your mum needs to speak to are www.equalityhumanrights.com
As your mums stress has been ongoing for some time, she is likely to be protected by the Disibility Discrimination Act, so the employer cannot dismiss her for reason of her disibility.
Give them a call on 0845 604 6610.
Stress is not a disability
Stress/depression IS covered by the DDA.
The definition of disibility under the DDA is;
‘a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’.
Fuller info below:
http://www.equalityhumanrights.com/your-rights/disability/words-used-to-define-disability/
So long as the condition has lasted 12 months, or is likely to last for 12 months moving forward, effects day to day activities (concentration, motivation etc), then it's very likely to be protected by the DDA.
No doctor / OH specialist etc can definitively say someone is DDA covered, nor can most STW readers - only a judge at tribunal can do that. The only auto covered conditions are cancer, AIDS, MS and the registered blind.
It's a very subjective area, but I've seen countless successful cases citing the DDA in relation to stress/depression.
Stress related depression is though. And it's "Stress related disease" that we are talking about.