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Formal Written Warning - should I get the claws out, or take it on the chin???

15 replies

mum2taylor · 08/02/2008 17:19

My employers have issued me with a formal written warning, after taking two days off when I was already in a verbal warning period. My first hearing was as a result of 4 days off sick due to my own illness and 4 off to care for my daughter. I have worked for the company for 8 months. So I myself have effectively had 6 days off sick in 8 months which has resulted in a written warning....does anyone know anything about the legality of all this??? They are classing it all as general absence and not discounting the days I have had off to care for my daughter which I think is wrong... they have also agreed in the meeting minutes that the time I have had off is genuine?!? PS. I work for a large law firm

OP posts:
flowerybeanbag · 08/02/2008 17:26

Was the time off to care for your daughter authorised emergency dependents' leave? Or did you ring in sick?

Nothing illegal in what's happened unless they are discriminating against you. With less than a year's service there's no need for them to go through a formal disciplinary process at all, they could just sack you if they wanted to. So I assume they want to keep you as they haven't sacked you.

Whether time off is genuine or not doesn't preclude against disciplining for it btw, lots of companies have automatic disciplinary procedures that are triggered by x number of days off.

orangina · 08/02/2008 17:35

I saw your last thread mum2taylor, and am sorry to read this... hope someone will come along who can comment constructively!

flowerybeanbag · 08/02/2008 17:36

And to answer your OP, at this stage in your employment I'd probably be inclined to take it on the chin, particularly if you were already on a warning for something. Have you discussed with your boss how long the warning will stay on your file and what behaviour is expected of you during that time, including what you should do if you are ill/how many days sick will be acceptable, etc?

flowerybeanbag · 08/02/2008 17:37

orangina, is my comment not constructive enough for you?

orangina · 08/02/2008 17:40

no, crossed posts! i thought i was writing the 1st reply!

orangina · 08/02/2008 17:40

(yikes)

flowerybeanbag · 08/02/2008 17:44

I apologise, I assumed that nearly 10 mins between posts it would be safe to think was not x-post..

mum2taylor · 08/02/2008 17:44

flowery the first disciplinary was for my absence but I was off sick during that time and got hauled in again and disciplined for a second time.....the Partner I work for has just come back after 3 months off sick after falling down the stairs at a works bash as he was so drunk! I dont mind being disciplined for my own absence but not for the time off caring for my daughter...I dont get paid in any event until Ive been there for a year.

OP posts:
orangina · 08/02/2008 17:46

sorry, i opened post, and got distracted, will bow out now, (btw your post v constructive looking!)

DualCylinderCod · 08/02/2008 17:47

lol at orangina
you are inda poo

JeremyVile · 08/02/2008 17:56

inda poo??

Now, that's not even bad typing... that's deliberate text speak!

Shocking.

flowerybeanbag · 08/02/2008 17:58

mum2taylor the absence for your daughter, was it emergency dependents' leave as described here? In which case they can't discipline you for taking it, that's your entitlement.

My honest opinion is there's more to it. Is this a policy thing, applies to everyone or is it discretionary, in other words the decision of the partner you work for? If it's not automatic policy to be disciplined for this level of absence I'd say there's something else wrong. If it's up to your boss and he is choosing to be this harsh, I'd say he's probably not happy with you more generally - if you were his star employee he probably wouldn't be doing this.

flowerybeanbag · 08/02/2008 18:15

I've just realised that might sound like I'm saying you are rubbish or something, not at all!

It does sound very harsh unless that is the normal policy, so my point is I would be wondering why the partner felt the need to be so harsh, and questioning that. It does seem bizarre - as I say, he could easily just get rid of you at the moment if he wanted to, so going through all this palaver suggests he doesn't want rid of you, but in that case why be so draconian..?

mum2taylor · 09/02/2008 08:51

Thanks flowery....the Partner I work for took me to the side before my 2nd hearing to say that he supported me 100% and that he thought HR were acting OTT here....he said that if I ever needed time off just to go straight to him and bypass HR as he has 3 small children himself and understands the pressures....I informed HR of this at my hearing to let them know that he supported me and they were shocked and appalled to hear this, especially as he had instigated the 1st hearing (maybe he didnt realise it would go this far and felt a bit guity???) Hes gone through about 5 secretaries in 2 years and the last secretary walked out after one week....so I think he realises I have more patience than most when it comes to working for him....dont really know how to interpret his behaviour now but HR seem to be going through the motions and were really nice and supportive .....even though they did discipline me.

OP posts:
flowerybeanbag · 09/02/2008 14:18

Sounds as though the partner you are working for is the problem really. There is absolutely no chance at all this would have been initiated by HR and he could have done nothing about it, I promise. HR in law firms do as they are told by the partners, who obviously own the business. That's a little bit simplistic, but you understand where I'm coming from.

It sounds as though you might be right about him instigating it then feeling guilty. If he's a bit of a temperamental type of person, if you caught him in a dodgy mood he might well have gone yelling down to HR telling them to do something about it, then felt guilty later. Difficult to work for someone like that, as you know! Difficult for HR as well, not knowing whether they are coming or going!

If HR are supportive make the most of that, they won't have any 'power' as such to discipline you or not discipline you iyswim?

I'd be inclined to think about just letting it go this time. Be as honest as you can be with him when you need some support with regard to your home life, and maybe think about following up conversations with emails if you think that might help him with being a bit more consistent.

As you know, working for people like that, you do sometimes have to swallow your pride a bit and put up with things - it does come with the territory occasionally. Doesn't make it right of course. But if you are good at your job and can put up with the occasional madness, you might well reap the benefits, and at the very least, other people within the firm will know full well what you are putting up with!

The other thing to think about is what would happen realistically if you made a complaint... There are good and bad sides to most jobs. Good parts of working in a law firm are often financial, some others as well. Bad parts, especially working for a Partner, can be inconsistency, frustration and a feeling of powerlessness. But you need a dose of realism about what is and isn't possible to change, depending on the person you are working for. If you are able to put up with this person for a while, opportunities to work for other partners elsewhere might come up and if you've done well with this person, it could stand you in good stead and give you a good reputation elsewhere - as you've said, most don't last long with him!

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