2 written warnings in 6 days

[Carole Cross]

H, I have recently received 2 written warnings 6 days apart, both for separate incidents. Is this legal or is there a certain time period needed between written warnings? The first was for not following company procedure in which I believe I was set up but can't prove it and it is my word against theirs. The second was for lateness and during the hearing it was brought about me being informally warned 2 years prior and according to company policy it should have been removed from my file after 6 months. I've had 1 appeal and I am currently awaiting my second, which is more than 2 weeks after the issue of the second written warning. I also believe the second written warning should not have been issued due to no warning beforehand, except for the one 2 years ago. I would appreciate a quick reply as my second hearing is on Monday 19th August. Thanks, Carole.

[charitynjw]

Re: 2 written warnings in 6 days

Hi Carole Cross, & welcome to Legal Beagles.

I note you have received written warnings.

Was the requirement for a 'hearing' contained in the letter, or in subsequent written communications?

If so, were you advised of your right to be accompanied by a union rep or an appropriate colleague?

[FlamingParrot]

Re: 2 written warnings in 6 days

H, I have recently received 2 written warnings 6 days apart, both for separate incidents. Is this legal or is there a certain time period needed between written warnings? The first was for not following company procedure in which I believe I was set up but can't prove it and it is my word against theirs. The second was for lateness and during the hearing

What sort of hearing was this? Was it a disciplinary hearing? :noidea:

it was brought about me being informally warned 2 years prior and according to company policy it should have been removed from my file after 6 months.

Have you been late again more recently? Or did it all refer to something that happened 2 years ago?

I've had 1 appeal and I am currently awaiting my second, which is more than 2 weeks after the issue of the second written warning. I also believe the second written warning should not have been issued due to no warning beforehand, except for the one 2 years ago. I would appreciate a quick reply as my second hearing is on Monday 19th August. Thanks, Carole.

What was the outcome of the hearing and what are you appealing against? :confused2:

[Carole Cross]

Re: 2 written warnings in 6 days

It was a disciplinary hearing about me being late more that the allowed number over the course of 12 months but I feel they should have given me a verbal warning before this and given me time to improve but it went straight to a written warning. I have since discovered that the company policy states that my representative should have present in the decision on what action to take after the hearing but he was asked to leave at the same time as me. This is the reason for my appeal because I believe I am being victimised. I am transgender and have surgery coming up within the next 12 months. I am not sure if this is the reason but there has been recent changes in the management structure and the attitude towards me seems to have changed.

[charitynjw]

Re: 2 written warnings in 6 days

Hi Carole,

As I'm sure you are aware, this is a protected characteristic as per the Equality Act 2010.

You should submit a grievance as per the company's written procedure asap.

[Carole Cross]

Re: 2 written warnings in 6 days

I have no proof that this is the case, it's just a feeling I have especially since I was set up for the first written warning and I can't prove that either as it's my word against theirs. The first warning was for not following procedure because I was given the wrong information and the person lied about what he told me when questioned.

[charitynjw]

Re: 2 written warnings in 6 days

I have no proof that this is the case, it's just a feeling I have especially since I was set up for the first written warning and I can't prove that either as it's my word against theirs. The first warning was for not following procedure because I was given the wrong information and the person lied about what he told me when questioned.

This is often the case, unfortunately.
Just on the off chance, are there any witnesses who will back up your version of events?
& to reiterate, you would be expected to exhaust any internal procedures, such as the grievance procedure, should you decide to take this to Tribunal.
Whether you have proof or not is immaterial - the employer is duty-bound to investigate a grievance.

[Carole Cross]

Re: 2 written warnings in 6 days

I don't have any witnesses but I did speak to someone immediately after being given the incorrect information because they asked me to find out what I had to do and I reported back to them. I am planning to use the grievance procedure after my appeal for the second hearing on Monday. I am not the only person who has been disciplined recently but I still feel they are trying to force me out after what I have heard, again something that I can't prove but I may try and find out more to help with my case.

[charitynjw]

Re: 2 written warnings in 6 days

You can download a useful ACAS guide here http://www.acas.org.uk/index.aspx?articleid=2179

[Carole Cross]

Re: 2 written warnings in 6 days

I do have the latest copy of the company's procedures and also the company handbook.

[charitynjw]

Re: 2 written warnings in 6 days

All the best re your 'hearing', & please let us know how you get on.
The feedback can be very useful.

[Carole Cross]

Re: 2 written warnings in 6 days

The hearing was unsuccessful although I did a few discrepancies in the company's procedures document, written by an HR company. I will try the grievance procedure before taking it further but I don't hold out much hope for that. I am thinking of trying for a mutually agreed termination of contract because although I like the job I don't feel like working there anymore.

[charitynjw]

Re: 2 written warnings in 6 days

The hearing was unsuccessful although I did a few discrepancies in the company's procedures document, written by an HR company. I will try the grievance procedure before taking it further but I don't hold out much hope for that. I am thinking of trying for a mutually agreed termination of contract because although I like the job I don't feel like working there anymore.

Was there a note-taker at the meeting.
If so, were you given a copy of the notes, & did you sign it?

[Carole Cross]

Re: 2 written warnings in 6 days

No, I was not given a copy of the notes in any of the hearings. The one yesterday was recorded on a Dictaphone but I was informed I could have a copy. I found out today that they are looking for a more experienced employee to help in my department but eventually it will lead to me being effectively being demoted back to the job I was doing before or at least something similar. I am going to talk to them tomorrow.