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Verbal Warning & Disciplinary Meeting

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  • Verbal Warning & Disciplinary Meeting

    Hi All, I am looking for some help. A close friend of mine is going through some issues at work and I wanted to try and get some advice for them.


    He has two managers that have singled him out, not including him in team social things, not giving positive feedback from clients only negative feedback. A colleague from another department had been spoken to by one of said managers and he was bad mouthing my friend.

    The managers have also tried to remove him from projects giving very flimsy reasons why when he has a solid relationship with the clients.

    My friend was a little upset and raised this with the area manager, nothing was passed to HR and the area manager did not inform HR.

    My friend has subsequently been given a verbal warning for lateness even though he had informed his manager before being late and backed it up with proof of train delays. He has not been late since and even before he was always putting in several hours unpaid overtime per week.

    My friend has raised this with HR, HR did a report stating issues and resolutions and my friend was reported as at fault with things like doesn't take management advice with the end solution being mediation.

    Before the mediation has taken place they asked him to a meeting for a disciplinary action, I feel like he has been singled out and has been bullied and is now being pushed out.

    I recommended he submit a DSAR for all communication between the managers about him but unsure how he should word it..... any advice would be great thanks.

    I have found a DSAR template, Any advice in editing to suit would also be great.

    Many thanks in advance
    Attached Files
    Last edited by mrnomoneybags; 3rd January 2019, 16:28:PM. Reason: adding dsar template
    Tags: None

  • #2
    When your friend raised the issues with HR did they do this on an informal basis or did they raise a formal grievance.

    In regard to the template my comments are as follows:

    1. Take out any points that do not relate to the records you need e.g. redundancy.
    2. Ask for the record the area manager took of the meeting with our friend
    3. Records relating to your friend's lateness for work in the previous 6 months
    4. The correspondence and notes relating to the decision to give a verbal warning
    6. The details of any correspondence and notes regarding the investigation by HR that led to the finding your friend was at fault
    7. Correspondence and all documentary evidence to support that your friend does not take management advice
    8. Any correspondence and notes relating to the decision to invite your friend to a disciplinary meeting
    9. Details of all feedback that has been provided by clients
    10. Under the new General Data Protection Regulation (GDPR) the company now have within one month to respond so that will need to be changed.
    11. Under GDPR the £10 fee a company could charge for complying with a DSAR has been withdrawn, however if the request is unreasonable or unfounded then a "reasonable" fee can be charged, however reasonable has not been defined.

    If your friend makes the request electronically then the company can respond with all the relevant information electronically, if they want hardcopies then they will need to request this.

    Hope this helps.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    You are braver than you believe, smarter than you think and stronger than you seem.



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    Comment


    • #3
      Firstly thank you so much for your reply!

      It was done on an informal basis.



      ​​​​​​Can an employer do the following

      Give a verbal warning for not taking managers advice on Instance A

      Give disciplinary for not taking managers advice citing the same instance?


      Thanks

      ​​​​

      Comment


      • #4
        If I understand you correctly, my view is that the same instance carried out on one occasion can only be subject to one set of disciplinary action. Further disciplinary action can be taken for the same act but the act occurring after the first set of disciplinary action has been taken.

        Example: Action that results in a verbal warning happens one month, the same action happens again in a subsequent month whilst the verbal warning was still in force further disciplinary action can be taken after due process.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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