Written confirmation of a verbal warning

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MartinRey

Afternoon all,

Hope everybody is surviving the effects of the pandemic so far, and most importantly managing to stay safe?

We had an issue at the back end of last year with a member of staff who we ultimately had to dismiss for going AWOL (coupled with all manner of derogatory and libellous social media activity - which we considered taking action in relation to, but ultimately decided to just move on - it's not worth the time and hassle!). Unfortunately we've run up against a similar issue, without all of the nastiness, with another member of the team - persistent absence, very short notice of absence and pressuring other team members into covering their shifts.

I was wondering whether one of the far more experienced folks here would mind casting an eye over the letter I've drafted, after giving this employee a verbal warning on Monday regarding their absences?

I'll copy a partially redacted copy below. :)

Any feedback greatly appreciated!

Many thanks,



Further to our meeting on Monday 22nd March, which was held to discuss your conduct, I write to summarise our discussion and confirm the outcome.

I explained to you the Company’s dissatisfaction with your conduct. You will recall that we discussed your record of attendance and our concerns around your level of absence, along with the impact this has on the business and our colleagues. We also discussed concerns around you approaching other employees to cover your scheduled shifts, outside of your annual leave allowance.

In response, you made me aware of the challenges you face with regard to childcare provision and the complications which have been caused by the Covid-19 pandemic and restrictions, which are understood and duly noted.

I informed you that, moving forward, we expected you to attend work for all of your scheduled shifts. We do appreciate you have childcare responsibilities and that, on occasion in an emergency situation you may require time off to facilitate this. I clarified that, as set down in law, in such an event we would permit a period of unpaid time off sufficient to allow emergency childcare provisions to be arranged, however it would not be reasonable to expect prolonged absence in order to provide this childcare yourself. To give an example, one or at most two days of absence would be considered reasonable in this scenario whilst childcare arrangements are out in place. , and we’d ask you to give as much notice as practical of any expected absence so that cover can be arranged. It was formally requested that you do not contact other employees in order to arrange cover for your scheduled shifts - where annual leave has been authorised, either a Director of the company or the store manager will make any appropriate staff scheduling arrangements, where annual leave has not been authorised then absence will not be permitted outside of exceptional circumstances at the discretion of the company, or statutory entitlement.

In the event that you should require a longer period of leave in order to fulfill your parental responsibilities, unpaid parental leave may be available to you. This must be taken in periods of at least one week, is subject to a minimum notice period of 21 days, and entitlement may vary depending on leave already taken previously prior to this employment. This statutory provision may be available to you upon successful completion of 12 months service with the company. Should you wish to discuss this further, please contact me directly.

This letter confirms that you were given a verbal warning. A note of this warning will be kept on file but will be considered “spent” for disciplinary purposes after a period of six months. Should your conduct not meet the required standards or, while this warning is live, there is any further absence of a similar nature, further disciplinary action will be taken, which could lead to a written warning being issued or, if warranted, termination of your employment.

You have the right to appeal against this decision. If you wish to do so, you should write to at the registered office address provided above within five working days of receiving this letter, detailing the grounds for your appeal.
 
I was trying to avoid any misunderstandings, and thought it better to be thorough?

Less than 6 months with us.
 
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Less than 2 years service you can just let them go without giving a reason.

“it’s not working out”.

Edit to add: unless you want to keep someone who is a PITA of course...
 
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Less than 2 years service you can just let them go without giving a reason.

“it’s not working out”.

Oh I know we potentially could, but don’t want to get rid at this stage - just want to make sure we’ve followed the correct processes if/when we do need to take further action in the future.

Despite the short service, I’ve also learned the hard way that it’s not always as straightforward - our former employee tried to bring a tribunal claim against us for automatic unfair dismissal based on discrimination, claiming that we were discriminating against her based on being a woman with parental responsibilities, and that we hadn’t allowed time off for dependants, despite being dismissed without cause. So a time consuming mess which we came out of ok, but I’d rather avoid a rerun if possible.
 
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Generally the letter is fine, although I am concerned at the time limit on organising emergency childcare. The legal right is just to time off to organise childcare, not to provide it, but currently alternative arrangements may be extremely difficult. Are her childcare issues Covid-related? If so you could offer to furlough her.
 
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Thanks @Newchodge

Unfortunately due to her start date she’s not currently eligible for furlough, although she will be when the rules are relaxed.

That said, whilst Covid is a convenient excuse, no her childcare issues aren’t actually related to it. In truth, there’s no issue, childcare is available she has just chosen not to use it and to have a week off each time it’s suited her instead.

Although when here she is good at her job, and fits into the team well, hence not wanting to push her. I think knowing we will support her (as we’ve gone out of our way to do so previously) but will also take a hard line on “pisstaking” will be enough to help change her ways, but I needed to formalise it a bit to show we will be tough if necessary, and to lay the groundwork in case I’m wrong and we need to do more further down the line.
 
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Afternoon all,

Hope everybody is surviving the effects of the pandemic so far, and most importantly managing to stay safe?

We had an issue at the back end of last year with a member of staff who we ultimately had to dismiss for going AWOL (coupled with all manner of derogatory and libellous social media activity - which we considered taking action in relation to, but ultimately decided to just move on - it's not worth the time and hassle!). Unfortunately we've run up against a similar issue, without all of the nastiness, with another member of the team - persistent absence, very short notice of absence and pressuring other team members into covering their shifts.

I was wondering whether one of the far more experienced folks here would mind casting an eye over the letter I've drafted, after giving this employee a verbal warning on Monday regarding their absences?

I'll copy a partially redacted copy below. :)

Any feedback greatly appreciated!

Many thanks,



Further to our meeting on Monday 22nd March, which was held to discuss your conduct, I write to summarise our discussion and confirm the outcome.

I explained to you the Company’s dissatisfaction with your conduct. You will recall that we discussed your record of attendance and our concerns around your level of absence, along with the impact this has on the business and our colleagues. We also discussed concerns around you approaching other employees to cover your scheduled shifts, outside of your annual leave allowance.

In response, you made me aware of the challenges you face with regard to childcare provision and the complications which have been caused by the Covid-19 pandemic and restrictions, which are understood and duly noted.

I informed you that, moving forward, we expected you to attend work for all of your scheduled shifts. We do appreciate you have childcare responsibilities and that, on occasion in an emergency situation you may require time off to facilitate this. I clarified that, as set down in law, in such an event we would permit a period of unpaid time off sufficient to allow emergency childcare provisions to be arranged, however it would not be reasonable to expect prolonged absence in order to provide this childcare yourself. To give an example, one or at most two days of absence would be considered reasonable in this scenario whilst childcare arrangements are out in place. , and we’d ask you to give as much notice as practical of any expected absence so that cover can be arranged. It was formally requested that you do not contact other employees in order to arrange cover for your scheduled shifts - where annual leave has been authorised, either a Director of the company or the store manager will make any appropriate staff scheduling arrangements, where annual leave has not been authorised then absence will not be permitted outside of exceptional circumstances at the discretion of the company, or statutory entitlement.

In the event that you should require a longer period of leave in order to fulfill your parental responsibilities, unpaid parental leave may be available to you. This must be taken in periods of at least one week, is subject to a minimum notice period of 21 days, and entitlement may vary depending on leave already taken previously prior to this employment. This statutory provision may be available to you upon successful completion of 12 months service with the company. Should you wish to discuss this further, please contact me directly.

This letter confirms that you were given a verbal warning. A note of this warning will be kept on file but will be considered “spent” for disciplinary purposes after a period of six months. Should your conduct not meet the required standards or, while this warning is live, there is any further absence of a similar nature, further disciplinary action will be taken, which could lead to a written warning being issued or, if warranted, termination of your employment.

You have the right to appeal against this decision. If you wish to do so, you should write to at the registered office address provided above within five working days of receiving this letter, detailing the grounds for your appeal.
It’s a very long winded detailed letter - which covers all bases - but surely the facts would be better off bullet pointed - so it’s clear and concise.
That’s what I would do personally.
 
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It's a good letter, as others have said it's thorough, but this is good.

Generally a letter of warning must include that it is a notice of warning, the reasons why, the discussion that has taken place, any concessions, and a timescale for resolution.

It is also good that you are trying to be reasonable in keeping this member of staff, I find that a lot of people are very quick to get rid of people.
 
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