Written warning.

Discussion in 'Employment & HR' started by Lalaluly, Feb 4, 2018.

  1. Lalaluly

    Lalaluly UKBF Newcomer Free Member

    Posts: 3 Likes: 0
    Can employer simply hand out written warnings without having disciplinary meetings etc? I wasn’t aware I was under investigation then suddenly receive a written warning. My first warning since employment. I don’t agree with the warning so I’ve appealed and I pointed out the discipline policy has been completely ignored within this situation. I have been asked to meet with a senior manager Wednesday, should I take someone along with me? I’m so confused!
     
    Posted: Feb 4, 2018 By: Lalaluly Member since: Feb 4, 2018
    #1
  2. ElisaLee

    ElisaLee UKBF Newcomer Free Member

    Posts: 8 Likes: 1
    Your employer should follow the steps set out in your disciplinary policy so, if, and I suspect it probably does state, that prior to issuing a warning that they should have a meeting to discuss the issue, this is what they should have done. Here are the steps as stated by ACAS that your employer should have followed:

    Follow the principles set out in the Acas Code of Practice on discipline and grievance.
    • Investigate what's happened - and that includes talking to the employee about the issue.
    • Once the investigation is complete, write to the employee with details of the alleged problem
    • Hold a meeting to discuss it and decide what to do.
    • After the meeting, write to the employee, this time telling them of the decision, and why, and if it goes against them, that they have the right to appeal.
    • Should the employee disagree with the outcome, allow them to appeal.
    So it sounds like your employer has skipped part of point one - they may have investigated and talked with others about the issue but they haven't spoken to you
    They have skipped the second point entirely, the third point - they probably have had a meeting and it was here that the decision has been made to write to you...then they skip to the last point and give you a Written Warning.

    There are Statutory minimum disciplinary procedures which are the minimum steps and employer must follow in a disciplinary process. These are:-

    • a letter setting out the reasons or reasons why they are considering disciplinary action
    • a meeting to discuss the issue
    • a disciplinary decision
    • a chance to appeal this decision
    If you are dismissed without them following said steps you could be able claim unfair dismissal
     
    Posted: Feb 4, 2018 By: ElisaLee Member since: Jan 31, 2018
    #2
  3. Lalaluly

    Lalaluly UKBF Newcomer Free Member

    Posts: 3 Likes: 0
    Thank you for your reply. I haven’t actually been dismissed; I’ve received a written warning. I still feel I’ve been unfairly treated and I will bring this up in my appeal meeting....(I think it’s an appeal meeting anyway!) My company’s discipline policy is very similar to the above but like you say, parts have been skipped.
    would I be able to escalate my complaint to conciliation if my appeal is unsuccessful? I can only find information online about people appealing dismissal, I can’t find any info on people appealing written warnings.
     
    Posted: Feb 4, 2018 By: Lalaluly Member since: Feb 4, 2018
    #3
  4. ElisaLee

    ElisaLee UKBF Newcomer Free Member

    Posts: 8 Likes: 1
    Thank you for your reply. I haven’t actually been dismissed; I’ve received a written warning.

    Yes, I realised that - I was just giving you an overview of the whole process.
    .
    would I be able to escalate my complaint to conciliation if my appeal is unsuccessful? I can only find information online about people appealing dismissal, I can’t find any info on people appealing written warnings.

    I found this on the CAB Website


    If you are still unhappy with the outcome of the disciplinary meeting, you may be able to make a claim to an employment tribunal. If you want to do this, you can ask your local Citizens Advice Bureau for advice on how to make a claim.

    You must bring a claim to an employment tribunal within three months of when the act which you are complaining about happened. It's important to respond as quickly as possible. You can still make a claim even if your appeal has not yet been decided.
     
    Last edited: Feb 4, 2018
    Posted: Feb 4, 2018 By: ElisaLee Member since: Jan 31, 2018
    #4
  5. Awinner2

    Awinner2 UKBF Regular Free Member

    Posts: 139 Likes: 21
    Inform your union rep (if you have one) of what is happening. Ask that you are allowed to have a witness present at the next meeting, even if they are not a union rep, Written notes should be taken by a note taker (not the senior manager or yourself) and you should sign and date every page at the end of the meeting and receive a copy. Good luck.
     
    Posted: Feb 4, 2018 By: Awinner2 Member since: Aug 4, 2017
    #5
  6. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    Posts: 8,682 Likes: 1,775
    Have you worked there for two complete years, if not you have virtually no rights and can be dismissed without reason given

    I just tell you this so that if you want to keep your job, it may be wise to tread and talk softly
     
    Posted: Feb 4, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #6
  7. MBE2017

    MBE2017 UKBF Regular Free Member

    Posts: 248 Likes: 46
    Sad to say Chris above makes a very good point, forget what is right, deal with reality. Employers can hire and fire at will in the first two years in the UK, no real proof is required in making these decisions which can have pronounced effects on people’s lives.

    If you wish to remain with your employer it might be a better option to keep quiet, no matter what is said or written in policies.
     
    Posted: Feb 4, 2018 By: MBE2017 Member since: Feb 16, 2017
    #7
  8. Lalaluly

    Lalaluly UKBF Newcomer Free Member

    Posts: 3 Likes: 0
    Thank you all for your help and advice. I have been working for the company for six years. unfortunately I don’t have a union rep. I’m so hurt and confused by the situation. I only had my appraisal two days before I received the warning and I was told I was a credit to the company! I’m assuming I had the appraisal either during or after my managers ‘investigation’
     
    Posted: Feb 5, 2018 By: Lalaluly Member since: Feb 4, 2018
    #8
  9. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    Posts: 8,682 Likes: 1,775
    What was the reason for the written warning
     
    Posted: Feb 5, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #9
  10. GraemeL

    GraemeL Pain in the neck? Full Member - Verified Business

    Posts: 4,800 Likes: 1,014
    How can you tell it is a written warning?
     
    Posted: Feb 5, 2018 By: GraemeL Member since: Sep 7, 2011
    #10
  11. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    Posts: 8,682 Likes: 1,775
    Because she states so on the subject line of her post in big letters , and also in the post,
     
    Posted: Feb 5, 2018 By: Chris Ashdown Member since: Dec 7, 2003
    #11
  12. ElisaLee

    ElisaLee UKBF Newcomer Free Member

    Posts: 8 Likes: 1
    There are exceptions to being dismissed under 2 years employment. If you were dismissed and it was in relation to Protected Characteristic ie Gender, Religion etc then you would have grounds to take legal action.

    From your most recent post above this Warning coming out of leftfield does sound bizarre! Lets hope that it is a very bad mistake! Let us know how you get on
     
    Posted: Feb 5, 2018 By: ElisaLee Member since: Jan 31, 2018
    #12
  13. Newchodge

    Newchodge UKBF Big Shot Free Member

    Posts: 8,261 Likes: 2,084
    You cannot take thisto an employment tribunal unless you can show that the cause of the warning was that you have a protected characteristic (in other words that it was an act of discrimination).

    Before your appeal write down for yourself all the reasons why you think the warning is wrong.

    Start with the failure to follow the disciolinary procedure, and include each step they have missed - investigating, including talking to you; writing to tell you of the allegation and inviting you to a meeting; holding that meeting with you (and a companion) present; offering the right to appeal.
    Explain why the substace of the warning is wrong, for example I didn't do it, or I did it and it was normal practice, or I was told to do it.
    Include youir recent appraisal and the positive nature of it and 6 years unblemished service.

    Take the notes with you and refer to them during the meeting. The manager may ask for a copy, if they do, agree, but state that you still want to make each of your points verbally. So write it unemotionally!

    Your procedure should set out who can accompany you during the meeting. It is a good idea to take someone and have them make notes. You want your own version of events, not just management's.

    Good luck
     
    Posted: Feb 5, 2018 By: Newchodge Member since: Nov 8, 2012
    #13