Final written warning

[curlyjim1]

Hi Guys.

In November last year, I received a formal written warning for the most trivial of offences. It basically boiled down to a difference of opinion between my manager and myself. I didn't officially appeal against it because I thought it too laughable to bother with at the time, plus I never actually received the letter (still haven't)

On Wednesday 11th January, I was suspended from work pending a disciplinary on Friday 13th January. This is for an unrelated, but (in my view) equally minor offence. At today's hearing, he first of all asked me if I'd received the letter that he'd sent on the 11th. I replied that I hadn't (probably still in the post yet) My manager carried on with the hearing regardless, I put my case and he added his perspective. The upshot of it was that he wanted me to move to another job within the company, a job I don't want and a job that attracts less pay. I refused that offer so basically he's issued a final written warning (I bet I don't get that one either) This warning I am definately going to appeal. This manager hands out written warning like confetti, and for the most trivial reasons. I have worked for this company for six and a half years, and up until November, my work record has been exemplary.

On both occasions, I believe that he hasn't given me enough time to prepare my defence properly (two days and no formal letters) On both occasions the problems have been a difference of opinion between him and me. I am now fearful for my job because all it will take is another minor offence for me to lose it. Has anyone got any tips on what to put in this appeal letter.?

Also given the timescales and the lack of any formal letters, how do I stand legally if this thing goes to a tribunal.

Thanks for any advice.

Alex

[ms_smith]

Hi,

 

OMG, seems like you have a proper psychopath as a manager! An employee can only be given disciplinary warning if any of the company's policies or regulations were not obeyed.

 

You need to tell us exactly what was the issue of difference of opinion, if it concerned work targets, objectives, etc.

[ms_smith]

Start thinking about a written grievance against this manager. Make sure you have those documents in hand.

[stu007]

Hi

 

Now the Manager in the first instance where you had a difference of opinion didnt happen to be the same manager doing the Disciplinary?

 

If it was I see a serious Confict of Interests.

[curlyjim1]

Hi

 

Now the Manager in the first instance where you had a difference of opinion didnt happen to be the same manager doing the Disciplinary?

 

If it was I see a serious Confict of Interests.

 

Yes it is the same manager

[Gbarbm]

Hi curlyjim,

Does the company have a staff handbook which contains details of the conduct and disciplinary policy? If so get hold of a copy and check if this charming man!!! ( I'm being sarcastic) has adhered to the rules. Also, contact ACAS or look at their website for information on dealing with this type of thing. Remember... Don't get mad... Get even ;-)

[curlyjim1]

Ok.. I'm a motor mechanic and I'll try not to use technical terms. The first warning was over a battery on a customers car. The customer complained that the battery was flat and brought the car back to us. The next morning I went out and the car started fine, suggesting to me that the battery was okay and just needed charging. I checked the battery for amps draw (to see if anything was draining the battery) that test proved okay. I next checked the charging system and that too was okay, then I put the battery on charge overnight. The customer came to pick the car up the next day and started kicking off because we didn't replace the battery. We bought a new battery for it and sent him on his way, then the inquest started. I was asked what tests I had done so I told him all the above, he then asked if I'd drop tested it to see if it was holding it's charge. I told him that I didn't because we didn't have a proper tester, and besides, I maintained that the battery was all right. He said that I'd failed to follow workshop procedures and was giving me a formal written warning. There is no workshop procedure, this clown works in hindsight. We only replaced the battery because this was the customer from hell, rude, arrogant and demanding. So to sum up, I said the battery was ok, he said that I didn't check it properly, but to issue a written warning over a battery is harsh to say the leas.

[curlyjim1]

Hi there. I'm going to have a look at ACAS tomorrow because I'm almost certain that an employer has to give you a lot more than two days from the notice of disciplinary to the actual meeting. I believe he has to send you written confirmation first. As to a company handbook..? I'm convinced that this firm make it up as they go along. They've been taken to tribunal several times and they have lost every single time, but I shall look into that in depth when I start back on Monday.

[stu007]

Hi curlyjim1

 

Put everything in writing only and keep copies also when you write to them request copies of the following.

 

*Disciplinary and Grievance Procedure/Policy. (note not whats in the staff handbook if one exists as this may be a shortened version you want full unedited version)

*Copy of Workshop Procedures.

 

I feel you need to be putting in a Grievance against this manager.

 

*He failed to give you enough notice or reason for the disciplinary.

*He failed to inform you of you right to be accompanied by a work colleague or union representative.

*He failed before and during the disciplinary to state he had a Conflict of Interest due to a previous formal written warning.

*He failed to explain the proceedings and my rights at the start and during the disciplinary meeting.

*He failed to provide a copy of the companies disciplinary and grievance procedure before the meeting.

[curlyjim1]

I agree with smith, your boss sucks ass. This is not legal advice but unless an employer has an undisputed financial reason for the 'Demotion' or a performance related issue, it's most likely an ilegal and immoral business practice , your sick boss will try to cohurse you into accepting contract, in this case it seem's his only weapon.

 

The turnover of staff since he darkened our doors two years ago is unreal. If I took this other less paid job, I wouldn't have got the FWW, but I'm staying put. I'm 52 years old and I won't be bullied or intimidated by him nor anyone else and I think that is where part of the problem lies. If he starts banging and shouting, I don't stand there wringing my hands, staring at my feet, I start banging and shouting back and he doesn't like it. I'm not confrontational by any means, but I know when I'm right and I will fight my corner.

[stu007]

Hi curlyjim1

 

on ACAS Website take a good look at the disciplinary and grievance procedure you can download a pdf of it and if you have a printer well print it out and if you meet them at all make sure they see it

[curlyjim1]

Hi curlyjim1

 

Put everything in writing only and keep copies also when you write to them request copies of the following.

 

*Disciplinary and Grievance Procedure/Policy. (note not whats in the staff handbook if one exists as this may be a shortened version you want full unedited version)

*Copy of Workshop Procedures.

 

I feel you need to be putting in a Grievance against this manager.

 

*He failed to give you enough notice or reason for the disciplinary.

*He failed to inform you of you right to be accompanied by a work colleague or union representative.

*He failed before and during the disciplinary to state he had a Conflict of Interest due to a previous formal written warning.

*He failed to explain the proceedings and my rights at the start and during the disciplinary meeting.

*He failed to provide a copy of the companies disciplinary and grievance procedure before the meeting.

 

Hi Stu. You are correct on all but one of those points. He did advise me that I could be accompanied, but I already knew that. I'm especially interested in the conflict of interest bit though. When I appeal this warning, I understand that he can't be involved, it has to go to another manager not involved in the disciplineries, also what about the actual warning letter.? I never received it (I'll bet next months wage that they are still sending mail to a previous address)

[curlyjim1]

Hello all. The plot thickens on this one. I mentioned in my responses about the number of techs who have left because they can't work with this manager. One of them was in a supervisory capacity. He contacted me last night and informed me that this manager told him to try and 'trip me up'. He was also asked to do it to three others as well. He eventually became so sick of it that he stepped down as supervisor. He's going to do a bit of digging about specifics and get back to me. If his allegations can be proven, this manager is stuffed. I'll keep y'all informed. Thanks for the help so far.

[Rideout]

Yes, I'm reasearching some things I will reply to your responce in a few hours brother.