A helping hand for the selfless helper in their time of need

The admin  worker was an unofficial employee representative, acting in a role similar to a trade union representative, at the insurance company where she had worked for just over a decade.

Simone would liaise with management in support of colleagues who found themselves in trouble or who had a problem at work, and management would sometimes seek her assistance to deal with a problem with an employee.

Simone contacted our Employee Support Centre for help when a manager made an allegation of threatening and intimidating behaviour against her.

Worried Simone explained to our representative she did have a disagreement with the manager, and they exchanged words, but was adamant she did not act as alleged.

Simone said she explained this at a fact-finding meeting, which she believed would be the end to the matter and result in the allegation being dropped.

Simone said she was shocked and upset to later be invited to a disciplinary hearing and informed the allegation could amount to gross misconduct, and lead to dismissal.

The allegation originated from a case in which a disabled employee, facing the threat of redundancy, was accompanied by Simone during a final redundancy consultation meeting.

Simone’s female colleague had been informed she would be made redundant, but felt the decision was unfair.

With Simone’s help she presented evidence to assert the decision made by the manager was unjust and amounted to discrimination as a result of her disability.

However, the employee was made redundant. Simone did later learn she agreed a settlement agreement with the employer.

The incident that led to Simone facing disciplinary action occurred a couple of weeks after the consultation meeting.

The manager involved in that case was discussing a different matter with Simone when he referred back to it.

She alleged he made a comment that she had been ‘a silly girl’ and should watch her back. Simone admitted she responded angrily.

The pair had a loud disagreement in the manager’s office, which was overheard by other staff.

The evidence provided to Simone ahead of the disciplinary hearing included witness statements, which essentially said they heard raised voices and shouting from both, but not what was said.

The manager provided a witness statement in which he alleged Simone said she could get him fired tomorrow if she wanted to, he should be careful and not cross her, and that he was lucky to still have a job.

Both Simone and the manager denied what the other alleged they had said. No one else was present in the office at the time.

Our representative told the disciplinary hearing that in such circumstances, with no evidence to corroborate either version of events, employment law guidance was the alleged wrongdoer, Simone, should be given the benefit of any doubt.

In a comprehensive response to the allegation he also asserted the allegations from the manager and treatment of Simone amounted to victimisation.

It was explained this was for Simone supporting a disabled employee while acting in her recognised and established role as employee representative.

Our representative said the Equality Act 2010, protects employees from victimisation and being treated unfavourably for supporting a disabled employee, and any unfair action as a result exposes the employer to legal action and  risk of reputational damage.

He maintained it was wrong and grossly unfair for Simone to be treated unfairly in such circumstance, as it undermines the principles of equality, justice, and workers' rights which are fundamental .

He added what can reasonably be considered retaliation against Simone creates a hostile work environment, discouraging others from standing up against discrimination and could create a culture of fear and silence.

Simone answered all questions then put to her by the disciplinary hearing chair.

She later celebrated after being informed she had been cleared of the allegation.