Final Written Warning

[gorilla89]

Hello,

I have received a final written warning after going through a disciplinary hearing at work.

I am considering appealing (failure in procedure) but would appreciate any advice.

• Allegation has changed between the hearing and final written warning
• Received three witness statements but they took one statement after the hearing and failed to share this with me (would've been too late to use to prepare my case)
• Claim I deny saying something, but in the hearing minutes they provided I actually confirm saying something
• Claim I admit saying something, but in the hearing minutes or investigation minutes I never mention this
• Present an argument without valid context - i.e. putting words into my mouth
• Make a claim that I said something which I deny, but out of all the witness statements one says I say it, one witness statement denies me saying it
• Loaded questions are asked to the witnesses during the investigation
• Make recommendations to be put on a performance plan even though this is a disciplinary hearing related to my conduct

Ultimately I accept there are failings on my side that led to this outcome, which I am remorseful for in the hearing however the above inaccuracies don't fill me with confidence in management or HR.

Any advice would be much appreciated as I only have a few days to submit intention to appeal - been at company 5 years without issue.

Thanks again

[ULA]

In your post you state that "Ultimately I accept there are failings on my side that led to this outcome, which I am remorseful for in the hearing..." so are there parts of the grievance outcome that you are prepared to accept as a result?

If so your grievance appeal should then concentrate on those aspects of the outcome you do not agree on and I suggest focus on:

* the inaccuracies in the process
* presentation of the allegations i.e. the changes in these between hearing and final written warning
* the fact that a performance plan is being used to deal with a conduct issue which is inappropriate. A conduct issues is not the same as a performance issue. This potentially undermines the fairness of the disciplinary outcome.
* the level of disciplinary action for someone with no previous disciplinary issues.

[gorilla89]

In your post you state that "Ultimately I accept there are failings on my side that led to this outcome, which I am remorseful for in the hearing..." so are there parts of the grievance outcome that you are prepared to accept as a result?

If so your grievance appeal should then concentrate on those aspects of the outcome you do not agree on and I suggest focus on:

* the inaccuracies in the process
* presentation of the allegations i.e. the changes in these between hearing and final written warning
* the fact that a performance plan is being used to deal with a conduct issue which is inappropriate. A conduct issues is not the same as a performance issue. This potentially undermines the fairness of the disciplinary outcome.
* the level of disciplinary action for someone with no previous disciplinary issues.

Thanks for your advice.

That's correct I accept parts of the grievance outcome such as further training.

They are also removing me from the job I've been doing for the last 5 years to work in a completely different department that I have no prior experience or desire to work in. Although my skillset from the last 5 years is similar and technically wouldn't be a contract infringement (it's a vague contract). They intend to stage my return to my old job once the performance plan is complete but with no confirmed timeline.