final written warning not recieved

[mr.truck]

Hi there,

2 months ago my boss suspended me and after an investigation told me that I would recieve a final written warning. I was due to go on holiday the next day so he said he would sort the paperwork out later. 2 months on I have not recieved the paperwork and have had no written opportunity to appeal against the warning. Since this has happened my boss has tried to make my position within the company untenable by picking at every little thing that I do. I had previously had 4 years service with no issues and had in fact been given a pay rise last year after I handed in my notice after finding another job in order to make me stay.


I now just want to leave the company and make a new start but am worried that they will use my warning in a reference even though they have never given me the warning or a written opportunity to appeal.

Not sure what my right are here - should I seek out a warning from HR or is it their responsibility?

Any help or advice would be gratefully recieved so I can make plans for the future.

Many Thanks.

[Inca]

Re: final written warning not recieved

Hi mr.truck and welcome to LegalBeagles,,I'm sure one of the lovely people on here will be along to help you soon

Inca

[mr.truck]

Re: final written warning not recieved

Thanks Inca, any help would be very much appreciated. I thought that I had to be given the opportunity to appeal in writing and within a reasonable timeframe but I am not sure. Not sure if it matters but I have completed 20 shifts back at work since the disciplinary meeting and have spoken to my boss on several occasions. I feel he is trying to bully me out of the business and is trying to performance manage me to a higher level than my peers, and saying that if I don't achieve this higher level I will face further action.

I appreciate you taking time out to read through this.

[bluebottle]

Re: final written warning not recieved

Hi Mr Truck,

I am going to ask one of our members who is familiar with Employment Law to look in on this thread.

:bump:

[mr.truck]

Re: final written warning not recieved

Thanks bluebottle, sorry for writing so much for a first post, but this situation has shot my nerves to pieces. I have never been in trouble before and in fact have been regularly commended for my performance. I should also mention that I do not accept that the warning was a fair appraisal of my standards of work. It was found that I had followed all procedures given to me but that 'I had not managed others to a high enough standard', which is quite vague. There was an acceptance (or lack of any cohesive argument) to my point that every other manager worked in exactly the same way as me and I had just been unlucky.

Sorry - rambling again.

Many thanks for looking.

[bluebottle]

Re: final written warning not recieved

There is a piece of legislation called the Protection from Harassment Act 1997 which prohibits the harassment of a person, by another or others. In an employment situation, there is case law in the form of Majrowski -v- Guys and St Thomas's NHS Trust 2005 which means an employer is vicariously-liable for harassment committed against an employee by other employees or the employer itself. I have asked one of our members who is familiar with Employment Law to look in on this thread and advise on matters connected with the written warning and procedural matters under Employment Law. My background is in Criminal Law.

[miliitant]

Re: final written warning not recieved

first thing

it is very rare for an emplyer to give a bad reference. The only exception has to be for gross misconduct involving theft or violence. An employer has to be very carfeful with a reference or they will open themself up to a claim for defamation,

even when the bad reference is given it has to be factual

i have never known conduct code warnings be included in a reference. The normal is

you started work on xyy
you were employed in the capacity of xyz
your employment ceased on xyz
you have had xyz number of days off in the last xyz months

CONSIDERING YOU NEVER SIGNED THE WRITTEN WARNING TO CONFIRM THE FINDINGS I VERY MUCH DOUBT A WARNING IS ON FILE ANYWAY AND EVEN IF IT IS, IT CANNOT BE USED AS YOU HAVE NOT ACKNOWLEDGED IT

just work any notice period and you will be fine

HR normally do the reference anyway, not your boss

[teaboy2]

Re: final written warning not recieved

Mr.Truck

Are you saying that your employer verbally told you you would get a final written warning purely as a result being disciplined for performance on the back of a performance review?

Can you give me a break down of everything that happened, that led to them giving you a final written warning.. well verbally telling you they would give you one please, as i need more details before i can accurately advise you.

[miliitant]

Re: final written warning not recieved

me thinks no warning is on file,

the poster is looking to leave and start another job, i was thinking is it not better for him to work his notice and leave with a good reference rather than drag up old wounds

(damage limitation)

not to mention how long a grievance or appeal would take to be heard when the poster just wants to leave

just my opinion but value all comments

[teaboy2]

Re: final written warning not recieved

True, but if they have failed to follow correct deciplinary procedure, then there is a case of victimization and harassment, plus disciplinary outcome would be invalid, so any bad reference, would be deterimental giving MR.Truck further grounds to claim against the employer. Their maywell be a amicable solution to this issue, though that would mean going of the head of the manager in question.

[mr.truck]

Re: final written warning not recieved

Thanks for everyones help today, I have a much better understanding of what I need to do going forward. Any other opinions or thoughts would still be very welcome.

Many Thanks