Is this disciplinary fair?

[BozHog]

I recently went through the disciplinary procedure at my Company. The disciplinary was brought about due to an unintended production error I had made which resulted in a £2700 loss for the Company. For this I received a written warning. There are a few issues involved with this scenario that are giving me cause for concern.

Firstly. An initial investigation was held to establish the facts. I was duped into attending this investigation under the pretence of a 'chat'with no representation.

Secondly. A previous verbal warning I had received 20 months earlier and kept on record for only 6 months was used as evidence against me.

Thirdly. The Director holding the disciplinary accused me of causing embarrassment to the Company. A fact disputed by my Union rep who had identified that it was the Directors actions which had led to the embarrassment.

Lastly. Another staff members production error had caused a financial loss to the Company of £28,000 for which they received a lesser verbal warning.

In a totally unrelated incident I am currently taking legal action against my Company over an injury I sustained due to their negligence, and the fact they ignored a Doctors Fit note causing further injury. With every thing mentioned is there a case for the Company to answer?

I would be grateful for any insight on this issue as to whether I am being discriminated against or victimised. Many thanks in advance.

[leclerc]

Re: Is this disciplinary fair?

Are you within the timescale for appeal or is that time over?

If that timescale is over then I think the obvious advice is move on and forget about it. What the company did to other people is totally irrelevant btw.
The previous warning can be brought out in a disciplinary when they are punishing people. If you had previously got a verbal warning then the £28k person might have just used up their first life, so to speak

[Eloise01]

Re: Is this disciplinary fair?

I recently went through the disciplinary procedure at my Company. The disciplinary was brought about due to an unintended production error I had made which resulted in a £2700 loss for the Company. For this I received a written warning. There are a few issues involved with this scenario that are giving me cause for concern.

Firstly. An initial investigation was held to establish the facts. I was duped into attending this investigation under the pretence of a 'chat'with no representation. I am afraid that you weren't entitled to any - that applies to the disciplinary meeting only, not to investigation meetings.

Secondly. A previous verbal warning I had received 20 months earlier and kept on record for only 6 months was used as evidence against me.

Thirdly. The Director holding the disciplinary accused me of causing embarrassment to the Company. A fact disputed by my Union rep who had identified that it was the Directors actions which had led to the embarrassment.

Lastly. Another staff members production error had caused a financial loss to the Company of £28,000 for which they received a lesser verbal warning. Not relevant - every case is judged on the individual circumstances pertaining to it - there is no comparison possible.

In a totally unrelated incident I am currently taking legal action against my Company over an injury I sustained due to their negligence, and the fact they ignored a Doctors Fit note causing further injury. With every thing mentioned is there a case for the Company to answer?

I would be grateful for any insight on this issue as to whether I am being discriminated against or victimised. Many thanks in advance.

There is never a case regarding a disciplinary - there is no external appeal possible unless there is a dismissal. I can see no grounds for discrimination / victimisation here - assuming you are disabled, because if you aren't neither apply anyway - because intended or not, you do not dispute that you were responsible for the production error, and so a disciplinary outcome is not unreasonable given the circumstances. I am afraid that I can see no route to prove a link to your legal action against the employer.