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Recieved a written warning now what :-( PLEASE HELP

(35 Posts)
sadhoney Tue 04-Aug-09 13:24:03

I have recieved a written warning at work out of the blue and I dont how to handle the situation as I am in shock.

This was just handed to me this morning no meeting nothing, can they do this?

All was said by my director is if you want to discuss it I will be back in the office later shock

I am now sat here with his wife the other director whom is being very nice hmm

I am now very worried and scared that I am going to be left with out a job.

idranktheteaatwork Tue 04-Aug-09 13:26:06

What is your disciplinary procedure? And what is the warning for?

Surely they have to follow their own procedures, ie if things are bad enough to receive a written warning you would get an explanation of the situation and a chance to refute it?

LIZS Tue 04-Aug-09 13:28:20

Have you had any verbal warnings? You need to know specifically what it is about and how you can avoid dismissal.

flowerybeanbag Tue 04-Aug-09 14:19:15

How long have you been working there? This doesn't sound like a reasonable procedure at all and if it was 'out of the blue' I'm assuming it was nothing serious?

I'm on my blackberry at the moment so can't do links but if you look at directgov or acas websites they will tell you what procedure should have been followed. Unfortunately if you've been there less than a year there's unlikely to be anything you can do about it though.

sadhoney Tue 04-Aug-09 14:50:56

I have been here for nearly 4 years there is no produres that I am awful off.

We have no contract or anything. I work for a small family firm and work closely with one of the directors.

Havent even had a verbal warning.

The warning was to do in relation to a company that has been chasing payment and for the past few weeks I have been mentioning it to my boss, whom wasnt going to pay the account until our client paid us. So on Friday they emailed me to advise that they would be with drawing the agency if they didnt recieve payment I didnt tell my boss until yesterday and I explained to her that I forgot to mention it, and next thing I know this morning they have paid the account and I have recieved a written warning sad

In all my 18 years of working I have never once recieved a bad word, always had glowing references. But then again have always worked for large companies not a little family firm.

flowerybeanbag Tue 04-Aug-09 15:02:19

Ok you can appeal the warning. Google those sites and find the rules about discipline, including your right to representation, and then consider appealing it on the following grounds.

A proper procedure was not followed, there was no hearing, you were not allowed to state your case and were not given the opportunity to be represented. In addition, a written warning for this in the case of someone with an otherwise exemplary record is unreasonable and disproportionate.

flowerybeanbag Tue 04-Aug-09 15:20:52

Laptop working again, have a look here about the procedure your employer should have followed, and use that as the basis for appealing the warning.

sadhoney Tue 04-Aug-09 15:44:44

Thank you flowery had a quick read and it does seem that they havent followed procedures correctly in accordance with acas.

I am going to do a letter and send it to them with in the next couple of days and send it to all 3 directors.

I didnt think what they had done was correct.

flowerybeanbag Tue 04-Aug-09 15:51:36

Good for you, hope it does the trick. With any luck they were just being completely ignorant of their responsibilities with regards to both having and following an appropriate disciplinary procedure, so you appealing and pointing that out will shock them a bit and get them to both withdraw the warning and be a bit more careful in future. Fingers crossed anyway.

sadhoney Tue 04-Aug-09 16:02:47

Yes fingers crossed but I think now is the time to also start putting my CV about.

Will keep you posted with what happens.

edam Tue 04-Aug-09 16:06:12

Suspect Flowery is right and being a small family firm they just haven't realised that there are procedures that they have to follow - think the procedures only became 'must dos' relatively recently.

Sounds unfair that you are being punished for something you had brought to their attention repeatedly!

sadhoney Wed 05-Aug-09 09:50:55

Spoke to Acas this morning and they said that the employer can do what they deem as appropriate and if I wish to appeal I will have to deal with the consequences......

flowerybeanbag Wed 05-Aug-09 15:06:05

Well how completely unhelpful and in fact inaccurate of ACAS. angry

Your employer doesn't get to decide what an appropriate procedure is. There are certain legal rights you have set out, as you have seen from the links earlier, and in addition to that they must follow a reasonable procedure. But whether a procedure is reasonable isn't just up to the employer, and no investigation, no hearing, no representation, a written warning in the context of no prior warnings and no right of appeal laid out to you isn't a reasonable or appropriate procedure by any stretch of the imagination.

Not sure what consequences ACAS were helpfully referring to if you appeal, but the consequences of not appealing are that you have a written warning on your file, making it much easier to potentially dismiss you later, and your employer believes that it can discipline anyone in this way whenever it chooses.

Consequences of appealing at best will be the warning being adjusted or withdrawn completely, and your employer being fully informed about it's obligations, benefiting you and colleagues, and at worst will be someone getting irritated at being told they were wrong and possibly taking it out on you in other ways.

You need to take a view as to your own personal circumstances but I would urge you to appeal if you feel able to for your own and your colleagues' benefit.

sadhoney Wed 05-Aug-09 20:55:10

Thank you flowery, I have used a couple of your comments in my letter to them.

In my lunch hour today I have been very pro-active and sent my cv off to an agency and applied for a couple of jobs as I also feel that I cant stay working for this company

TigerDrivesAgain Wed 05-Aug-09 22:35:52

what flowery said: some employers just don't realise that employment law applies to them too: especially small outfits like this where everything gets a bit personalised. If you've been there for 4 years you will know how to handle the politics of this: sometimes employers will be really embarrassed by their reactions, sometimes they do get harder in attitude because they've been caught out.

sadhoney Thu 06-Aug-09 10:38:51

I think they will take offence to my letter, and make life differcult at work but I feel I deserve to be treated better than this.

I also get the feeling that everyone at work know I have recieved a letter as management here aren't very discreet.

I am very scared now of doing the slightest mistake sad

sadhoney Thu 13-Aug-09 15:05:45

An update on my situation. Did the letter and handed to each director and then this morning, again in the middle of the office he said that he is going to stand by what he said and that he hopes there isnt going to be any mud slinging!!!!!!!!!!! hmm

So now I am working for people that think I am a liar and untrustworthy sad

I have always had excellent references.

Dont know where to go from here can anyone advise

flowerybeanbag Thu 13-Aug-09 15:27:51

Have they responded to your letter? Are they inviting you to a meeting to discuss it?

sadhoney Thu 13-Aug-09 19:08:11

No that was his response... thanks for the letter but I am standing by every word I put in it....and hopefully that there isnt going to be any mud slinging

No they havent asked me to a meeting to discuss it. He sent a email round cant really put on here as dont know if any one from work comes on.

What do i do now flowery i have been home from work crying my eyes out as I just feel so small sad

coolma Thu 13-Aug-09 19:23:48

ACAS are shit - spoke to them a couple of years ago when i was in a hideous postion with my ex employer and they were bored and extremely unhelpful...

coolma Thu 13-Aug-09 19:25:14

Have you tried the Cab, or an independant law cntre. they seem to be acting extremely illegally. There is a fab site called Iresign, which offers lots of accurate and constri=cutive advice.

coolma Thu 13-Aug-09 19:27:40

Constructive!!

www.i-resign.com/uk/home/

cupofteaplease Thu 13-Aug-09 19:27:41

ACAS were unhelpful when my husband received a written warning out of the blue. In is case, they had made it clear that they were looking for a way to sack him (this was confirmed by the fact that they had recruited somebody else on the alternate shift and were training him up to do dh's job for less pay hmm). ACAS advised that dh should jump or wait to be pushed... he chose to jump.

sadhoney Thu 13-Aug-09 19:29:08

The email he sent was to every one

thanks coolma will have a look, i just feel so stressed and like i am being bullied but i just dont want to walk out as a single mother....

Jujubean77 Thu 13-Aug-09 19:38:29

This sounds very sus to me - almost like they want you out and is having the desired effect. DO NOT walk out please. They have no right to fire you as they have breeched employment law so don't let them intimidate you out.

That is a ridiculous reason for a Warning and that is totally illegal not to have a meeting at presentation to discuss it.

Can the citizen advice beareau help? Can you think of any reason why they would want you to leave?

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