Disciplinary process not followed?

[my real name]

Hi, i have received a final written warning in work but the company i work for failed to follow their own process in my opinion.

In March i was asked into the office and asked to provide updated contact details because of covid 19. I updated my email address and mobile phone number.

Later that week i was suspended from work and was told to expect a letter home ,inviting me to a disciplinary meeting. I waited patiently at home for the letter to arrive.
Two and a half weeks later i got a letter saying that the company had held a disciplinary meeting in my absence and i had been found guilty, the letter claimed they tried to contact me for my side of events (The letter had the old email address on it).
Also the letter was postmarked two days after the day they expected me to return to work.

On my appeal as well as my defence to the original reason i was suspended , i claimed the disciplinary was out of process as they had not followed their own disciplinary process. There was a note taker who took handwritten notes at the meeting.

I lost the appeal and the original decision was upheld. In the letter they sent it states they did use the old (not updated) email address to try to contact me ,also they checked with HR and a letter was definitely sent out . They only sent out a shortened version of the appeal notes ,that are not a true reflection of what i said in my defence.

So in my opinion i have been treated unfairly,but as that was the appeal they say its matter closed,
I requested the original hand written notes but they have binned them within 3 weeks of the appeal,
i have also requested for a copy of witness statements , as im furloughed im not even sure they have spoken to my witness.

The union say i should just take it on the chin!


The disciplinary was over health and safety , the company provided hand sanitiser, the instructions on the bottle was written in a foreign language and did not give any indication of alcohol content if any. I tried to get the alcohol content from 3 managers on the night ,but they did not know, i said it would be unsafe for me to start work and was not prepared to start until i was provided with the correct ppe. The manager said she would send me home if i was refusing to work , i clearly stated in front of witnesses that i was not refusing to work but it was unsafe for me to start without correct ppe. There was no instruction on the limitations of the ppe from any member of management

Sorry its so long winded.

Thanks

[NotSmiling]

Dont dwell too much on the process not being followed, but by all means mention it in any claim to a tribunal. The main reason for the dismissal was your refusal to work due to Health & Safety concerns.

You have the right not to be dismissed if you complain about or refuse to work in unsafe working conditions. If you can show a tribunal that the main or only reason you were dismissed was for taking action over a health and safety issue, your dismissal will be automatically unfair. Check this link https://www.citizensadvice.org.uk/wo...th-and-safety/

When it comes to Health & Safety regarding Covid-19, it is the employee's belief that matters, not the employer's opinion. If you believed you were in imminent danger than you have the right to take action. Covid-19 has been declared an imminent danger. Check this guide https://www.outertemple.com/wp-conte...April-2020.pdf

[my real name]

Thank you for the reply, just to confirm i was not dismissed, but given a final written warning. My worry is that they will now force me out of my job,

I asked for a copy of the notes taken and witness statements at the meeting but they say the notes have been thrown away , can i ask if they are supposed to keep them for 6 months?
The edited notes they have provided is reworded and gives the illusion that i have said things i have not.

I will check out the link provided on covid 19 .

This was on the outcome letter,

"As you advised me that you had failed to have been given an opportunity to attend or
provide any evidence i offered you the chance during the appeal meeting to explain
why you had refused to carry out your duties, after reviewing all the information you
provided and after speaking with witnesses that were present it is clear that you did
refuse to carry out your duties even after ***********, Shift Manager advised you that
** would look into your query of how much alcohol content was in the hand sanitizer. I
believe that you still could have carried out your role in the meantime rather than refuse
a reasonable management request."

Thanks again

[NotSmiling]

If a dismissal would be automatically unfair in this case, I suspect a final written waning would also be unfair. Hopefully someone with more knowledge of the area will answer.

I believe that you still could have carried out your role in the meantime rather than refuse a reasonable management request

They may well have believed you could carry out your job, but when it comes to Covid-19, it is the employee's belief that matters, not the employer's opinion; you believed it was a health & safety risk to carry out your job.

Covid-19 is an imminent danger; was it reasonable of a manager to request that an employee put themselves in imminent danger?

[ULA]

How long have you been employed at the company?

Unfortunately given the fact it was not a dismissal but a final written warning and you went through the appeal process which upheld the decision there is nothing further you can do within that process. However there is the grievance process that you might want to consider.

If notes were taken in my opinion they should be retained on your file. Not sure how they can provide edited notes if they do not have the full notes.

Was the disciplinary for not following a reasonable instruction?

I am not sure what your job is but do you feel you should have been provided with more PPE other than access to hand sanitiser?

[my real name]

Thanks ULA

I have worked there 4 years

Was the disciplinary for not following a reasonable instruction? yes according to them
the request was "return to work or i am sending you home for refusing to work", i stated that i was not refusing to work , but waiting for adequate ppe to be provided so i could then start work( in front of witnesses), if they could of told me the alcohol content i would of started without doubt, but was it reasonable to expect me to work if the ppe that was not fit for the purpose (foreign instructions on the bottle, 3 managers could not tell me the alcohol content)

I am not sure what your job is but do you feel you should have been provided with more PPE other than access to hand sanitiser ? warehouse work

The warehouse had been in the local press because of the lack of social distancing in the week leading up the the event. There was originally Purell dispensers available before ,but this ran out so they handed out the bottles with no alcohol content.

Because i suffer from anxiety i was worried at this stage, so much that the week leading up to the event i had been to management about the lack of social distancing and also the fact that the plastic boxes we were all touching were filthy not been cleaned for years.
There response was but in a grievance about the lack of social distancing, they could not tell me the last time the boxes were cleaned.

We had noticed that the soap that was being dispensed in the toilets was watery. (there was proof of this posted on social media).

They said they could not contact me for the original disciplinary but when they expected me to return to work they called my mobile?

I stated all that at my appeal , but none of this appears on the edited notes provided, with odd words missed out here and there, the notes look as if i am declaring myself as guilty.

This all happened at the end of March, i had my appeal 3 weeks ago
Thanks

[my real name]

Sorry just one last question,
was the appeal against a final written warning issued , or the decision to issue a final written warning.At this point ,after my appeal failed , i have not been physically issued with a final written warning .(just the disciplinary outcome letter to say that they were going to issue one.
Thanks in advance.

[ULA]

The final warning should either be issued as part of the disciplinary letter confirming the outcome of the hearing or as a separate letter. Either way the following details should be provided:

1. That this is confirmation of the outcome of the disciplinary meeting held on xxxx
2. That xxx has been given a final warning
2. The reason/s for the final warning being given
3. How long the final warning is to remain in effect e.g. 12 months
4. A phrase along the lines of "if at any point whilst this final warning is in effect any actions of the same or a similar nature are carried out by xxxx then this may lead to termination of employment for gross misconduct".