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Advice needed - written warning

2 replies

NapoleonsNose · 04/05/2017 20:52

DH had a run in with another employee at work yesterday. He was a bit rude (no swearing) because the other employee refused to do something that they should really have done. The altercation was overheard by a customer on the premises at the time.

DH went outside and a few minutes later was followed by the other employee who shouted at him to never speak to them again like that, was banging on the van window etc.

DH came home and said he was going to speak to his boss in the morning as he didn't like the way the other employee had spoken to him.

In the meantime, the other employee had called their boss and complained about DH's attitude. Today he spoke to his boss and gave his version of events. He went out working for the day and has been given a written warning. Whilst there is no doubt that he deserved to be reprimanded, I'm not sure that they have followed the disciplinary process correctly, hence needing some advice.

The disciplinary meeting was not conducted properly. He was not told that he could be accompanied by another member of staff (there is no union) and letter he's been given does not mention that he can appeal against the punishment.

I think the punishment is too harsh - possibly he should have been given a verbal warning. It's a small local business, no HR dept and I don't think they are used to disciplining staff.

I guess what I'm asking is whether they have followed law with regards to the disciplinary process, and if not, is it worth writing to appeal their decision. I should point out that DH is sometimes quick to open his mouth without thinking of the consequences so I am not saying he deserves no punishment at all. I'm worrying as we really can't afford for him to lose this job, but also think it might not be worth rocking the boat and blacken his name going forward despite thinking that it might not have been carried out correctly. I suggested he might earn some brownie points by apologising to the other employee as well.

Thanks for reading to the end!

OP posts:
OhTheRoses · 04/05/2017 21:03

They haven't followed the ACAS guidelines. However, I bet this isn't the first time and your dh did the bad behaviour in front of customers which brings the reputation of the firm into disrepute.

In the public sector he might already have a couple of warnings and this might have ben the cumulative one that did see him dismissed.

There might be cause to argue over it but pragmatically it's a shot across his bows to behave. He needs to reflect, apologise and go on anger management training. He was rude in front of customers. The other worker wasn't and sounds like he was provoked.

daisychain01 · 05/05/2017 03:42

I would get your DH to contact ACAS and ask for their guidance. It isn't fair to make a judgement of him when I don't know the facts or his actual side to the story. They are very helpful if he describes the situation as he was closest to it. Hope he is OK and can resolves things and move forward positively.

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