Final written warning received following disciplinary hearing/investigation

[Em Cope]

Hi,
I'm new to this site, any advice or help would be much appreciated. Some brief history - will try and keep as short as possible
I've worked in my present position since May 2007.
14 month after joining the company, the company was sold.
Under the new management I was placed on a 90 day Personal Improvement Plan - July 2008 till November 2008.
During this time I attended several review meetings, and 6 counselling sessions as requested.
The Company was sold on again in 2009.
New management reviewed my personnel file, she concluded that the PIP wasn't worth the paper it was written on and wouldn't be referred to again!

There is myself and 2 other people that work in this branch NO management on site.
2 of us share an office, so work quite closely - but has not always been as part of the same team. I admit our working relationship has had it's ups and downs, but I feel we are both in a more comfortable relationship with each other. We both received a verbal warning June 2011 following several altercations.
I've also received a warning by email August 2012 - not labelled as a written or verbal warning. Quoted from the email 'I believe a warning needs to be given and this will be filed in your record with us' no timescale to how long the warning will remain on file.

Since 25.07.13 i've been under a Disciplinary Investigation:-

25.07.13 I was called into a meeting by my immediate manager and his manager.
Issues raised - formal complaint received from a member of staff in accounts department - (not on the same site) regarding a telephone call on 15.07.13 & Several complaints received from customers!

26.07.13 Copy of the email I received & minutes of the meeting.
.
16.08.13 received an email advising the investigation had been completed, meeting arranged for 20.08.13 to discuss findings.

19.08.13 I requested copies of any findings/statements that would be used as evidence against me, so i could prepare a proper defence. I was sent another copy of the minutes from the original meeting, and nothing else.

20.08.13 the review meeting took place at 14.30 – conclusion meeting to be held 22.08.13 at 16.00 – any sanction would be issued.
Following the meeting I request again a copy of the complaint made by the member of staff!

21.08.13 Received minutes of the meeting and a copy of the complaint from **** which was dated 25.07.13 (the same date as the first meeting was held!)

21.08.13 I sent an email to appeal against the meeting to be held 22.08.13 because I had only just received a copy of the complaint.

22.08.13 Email received at 08.24 in response to my appeal email sent – followed by immediate suspension. I had been given extra time to put a defence together,
The following is quoted from the email:-

‘Whilst I believe you have been given every opportunity to make your case I am prepared to allow your request and provide a further period for you to make any final representation before I make a decision. To allow you sufficient time and minimise further anxiety you will be placed on immediate suspension of duties on full pay until the final outcome is decided. You will not be required to attend the office during this period.
‘Please give me your final comments by close of business Wednesdays 28^th August in order that I may review them and we can hold a joint meeting on Wednesday 4^thSeptember with the intention to finalise this matter by Friday 6^th September.’

28.08.13 I emailed my comments/defence as requested. I have had no opportunity since receiving a copy of the complaint to put my comments/defense to anyone face to face.

30.08.13 Email received:-
I would like you to confirm your readiness to attend the next part of this process; the purpose of this meeting will be to carry out a review of the points that you put forward and potentially finalise this matter then.
I advised you that I would look to hold a meeting with you at the Wakefield office on Wednesday 4^th September at 09:00, can you please confirm?

04.09.13 Final review meeting held. Was advised that I would be receiving a Final Written Warning.

06.09.13 Email received at 19.10 with minutes of meeting & copy of Final Written Warning.

First question I have is:- Can previous warnings be quoted in the Final Written Warning received - regardless of how old the warnings are?
Secondly:- Can I request to see copies of the warnings that are being held in my file?

I've attached a copy of the Final Written Warning.
Thanks in advance for any help you can give me,
Emma

[Em Cope]

Re: Final written warning received following disciplinary hearing/investigation

This is the actual warning letter dated 05.09.13 received 06.09.13:-

Final Written Warning
Dear Emma,
I write to confirm the outcome of the disciplinary process relating to the complaints received
from member of staff and various customers.
As I have already advised you at our meeting on 4th September, I am prepared to accept that in
respect of the customer complaints, although I have issues with the way in which you
approached some matters, you were attempting to work in the best interests of the company I am
therefore prepared to put these complaints aside. We will however, review current policies and
working practices to try and avoid recurrence of these issues.
In respect of the complaint from member of staff the complaint is upheld and I confirm the warning given
to you verbally on Wednesday. As you have already received verbal warnings in respect of the
incidents with **** last year and in previous years, as well as a written warning following the
complaint from ****** customer last year this is a final written warning that your future behaviour
must meet the standards that the company sets for all its employees and customers. In the
context of this complaint that means to work in an environment free from offensive and abusive
language or intimidating behaviour. This is a common standard in all modern organisations and
applies to all Gazechim employees.
You should be aware that this warning will be placed on file and should a further incident of
misconduct occur of any nature you may be subject to dismissal for repetitive misconduct.
This matter is now closed and I hope that we can now put it behind us and focus on moving the
business forward.
You have the right to appeal this decision and if you wish to do so you should do so in writing
within seven days to ********** stating the reasons for your appeal.
Yours sincerely,

The warning's that have been quoted, the last one I received in August 2012 just over 12 months ago.
He refers to several others, all of which are over 2 to 3 years old. NOT from last year as he suggests!

At no point did management offer any evidence, I asked for copies of any relevant statements or evidence before the meeting, didn't receive anything.
I only received a copy of the complaint made internally on the 21.08.13 (the day after the 'review' meeting)

Would be grateful to hear anyone's thought's,
thanks for taking the time out to read my post.

Thanks

[Inca]

Re: Final written warning received following disciplinary hearing/investigation

Maybe you should edit your post and take out names and identifying details? Just to be on the safe side (click on the 'edit button at bottom of post,,that will allow you to alter it)

[charitynjw]

Re: Final written warning received following disciplinary hearing/investigation

Hi EM Cope, & welcome to Legal Beagles.

Regarding the latest disciplinary hearing, unless there was more info, you do not appear to have been advised of your right to have an appropriate companion to accompany you.
This is a statutory right.
If I were you, & that is the case, I would appeal, plus
1/ Submit a formal grievance about this
2/ Have a chat with ACAS - http://www.acas.org.uk/index.aspx?articleid=2042
3/ Join a Union

[Em Cope]

Re: Final written warning received following disciplinary hearing/investigation

Thanks very much Inca, it never entered my head.

[Em Cope]

Re: Final written warning received following disciplinary hearing/investigation

Hi Charitynjw,
Thanks very much for your comments. From the very first meeting through to the last I felt that both managers had already made there minds up - no once did i receive any support from my manager - nor did I think that he was listening with an open mind. He had made his mind up!!
I was advised that I could take someone in with me - but there are only 3 members of staff employed by my employer on site!
My manager had already asked one of my colleagues to attended the meeting as an independent witness - if i was able to ask anyone it would have been her.
having said that, I was told at the end of the meeting on 25.07.13 (conducted by both my manager & his/our Boss) that if it became evident that I had discussed this situation with any other member of staff it would be instant dismal. The final comment on the minutes of the meeting that i received:
'My manager made the statement that the meeting was to remain confidential whilst the investigation on both issue were taken place and should not be discussed within any other member of staff,' I had no choice but to agree.

How could I ask someone (a work colleague) to come in the meeting with me, when i've been told I could be dismissed for talking about the situation with anyone at work!!! Non of us are in a Union so that option's out. I asked if it would be ok to bring a friend in with me - as i thought this was refused!

Rightly or wrongly I thought my only other option was to record the meeting - which I did.

If i were to appeal it would be to our Boss (who attended the first meeting) who through the process of the meeting called me a Big Bully!!

i'm lost, which way should i go????

[charitynjw]

Re: Final written warning received following disciplinary hearing/investigation

Is there someone senior to your boss, or an in an equivalent position somewhere else in the organisation? (someone impartial, that is).

Is your HR dept, inhouse or out-sourced?

[Em Cope]

Re: Final written warning received following disciplinary hearing/investigation

Thank you so much for taking the time to try and help me

There is no other management in the UK, other than the Accounts Manager, (who has apparently been questioned/interviewed during the process - i've seen no evidence of this tho) our Head Office is in France! We only have about 15 members of staff in the UK,
The person that deals with any HR issues is the lady that does the wages as well as many other finance duties.
She has been on copy to all emails/communications.

My boss told me today that if I was going to appeal it was too late - the 7 days were now up!
I assumed that the 7 days would start when I actually received the warning (Friday 6th Sept at 19.10), not when I was told I would be receiving a final written warning (during the review meeting on Wednesday 4th Sept) I also thought I would have 7 working days!

[charitynjw]

Re: Final written warning received following disciplinary hearing/investigation

From your previous posts, the implication is that there seems to be a personal grudge against you.

Do you feel that is so?

Have you submitted a grievance?
If not, why?

Have you explored the issue of joining an appropriate union?
Some info here - http://www.tuc.org.uk/tuc/unions_main.cfm

Although it is suggested that employers give a time limit for appealing a disciplinary measure, in reality it is not set in stone.
The keyword is 'reasonable', though a long delay in doing so would be detrimental.

Imo, it would seem a tad harsh to use a stopwatch to deny your appeal, a matter which you could address in your grievance.
It is certainly a matter of concern to discipline you while withholding the evidence of your alleged transgression.
It certainly does smack of a kangeroo court!
It would be advantageous for you to familiarise yourself with the ACAS Code of Practise, as any in-house procedure will be measured against it.
Details here - http://www.acas.org.uk/media/pdf/s/o...n-may-2012.pdf