Have my employers broken the law?

[Steven987]

Hi, this is complex.


On 18/09/2013, an incident happened whereby, a customer query was left unanswered for 24 hours (2 minutes over in fact) since I had been working on my own that week, as 2 people who also do this job role were away, I was super busy.


On 03/10/13, I get a letter from HR, about a disciplinary hearing for Monday 07/10/13. However the letterhead had the 04/10/13 date on!
It also said, any issues with this contact line manager by end of Friday 05/10/13......so many errors!


I'm accused of, not answering a 'simple' query in a 'reasonable' timescale. They provided me with no proof at all, for me to form a defence case.


I have not had a verbal warning at all for this offence on file. I come into work on Friday 04/10/13. To then be sent an email saying the hearing has been rescheduled to, today!


Then a phone call from HR saying its at 12.30am. So, In the space of 4.5 working hours (4.30pm to 5pm on Thursday and 8.30am to 12.30pm on Friday) I had my hearing, without any adequate time to get a full defence ready, or to arrange any ACAS advice.


All of this seemed too rushed. The accuser of this allegation, the MD, was not in all day, but they would consult him, to decide an outcome. Can they do this?


I told them at 12.30pm, that I've not had time to prepare a full defence, I've done the best I can. They had no evidence showing what the 24 hour is what we operate in the company. Rather, I had paperwork, print screens showing, that its actually 48 hours! They just wrote a note of this evidence.


So basically I shot down all their questions and supplied 5 pieces of evidence, which discredited all of their allegations, quite clearly.


After the hearing, they did not ask me to sign the notes to acknowledge what was written.


Outcome was at 3.30pm, same day. I got given a written warning!
Nowhere in the letter, did they reference any of my evidence which blatantly defeated their allegations.


I have 7 days to appeal. Which I most definitely will. As it feels as thought this written warning was predetermined, and reasonable evidence to suggest that both the hearing + written warning letter were typed and completed on the same day (03/10/13).


I will be speaking to ACAS shortly, but want to to know, if my employers have majorly broken any laws?


Thank you, I look forward to your replies.

[enquirer]

Re: Have my employers broken the law?

As you've not been fired, or suffered any concrete penalty, it's difficult to see how you could make anything out of this. It would be a different story if this were the public sector and you were a member of a Trade Union.

Frankly, as this is obviously one of those firms that deliberately sets impossible targets, it's time to look for alternative employment.