Written Warning not received or signed.

d8lab

Hey all,

3 months ago I had a disciplinary hearing in work and the outcome was a 1st written warning.

To this date I haven't received, seen or signed a copy of this document.

I am due a pay review next week and know they will reference this and deny it.

Also I believe I am entitled to an appeal but this hasn't been officially communicated to me (only mentioned in the employee handbook)

Any thoughts on where I stand?

screamer

Your employee handbook should be able to point you in the right direction. I know in one company I worked in, people on disciplinary were not entitled to bonus or pay rises for the period of the disciplinary action and this was detailed in the handbook very clearly. You need to have a copy of the written warning, it's very important, and your HR department should have this, so request it. You also need to see how long it will be on your record for, it could be 6 months or 12 months. I can't really offer more advise, as it's a bit out of my expertise, but you need to check these things at least.

jimmycrackcorm

If it comes up during the review then ask for proof that you accepted this warning. If they persist then ask for proof that you were allowed appeal. Of none given then insist that it can't be taken into account because company policy procedures weren't followed.

Employers lose every case in the wrc when it's shown that they didn't follow the procedures regardless of whether the disciplinary action they took was justified.

nuckeythompson

Start looking for a new job and prepare an exit strategy. Ie leave on good terms with a good reference

d8lab

This is from my employee manual:


Written Warning
In cases of misconduct, formal action will be a written warning setting out the nature of the misconduct and the change in behaviour required. This will remain on the employee’s personnel file for a period of six months. The employee may appeal against the warning.

Appeals Process
An employee may appeal against any disciplinary sanction imposed against them. he appeal will be heard by a senior manager who has not been involved in the decision to impose the disciplinary sanction on the employee. When lodging an appeal, the employee should state: ▪ The grounds of appeal; and ▪ Whether they are appealing against the finding that they have committed the alleged act or acts of misconduct, or against the level of disciplinary sanction imposed. The employee must provide written notice of the appeal within five working days of being informed of the disciplinary sanction being imposed. Appeals will be heard without unreasonable delay. Upon completion of the appeal, the senior manager conducting the hearing will convey their decision to the employee. The decision will be confirmed in writing within five working days. The Company’s decision at the appeal is final. Where an appeal lies against a dismissal, the decision to dismiss will have had immediate effect. The period of notice will therefore have already commenced on the date that the decision was given. If the decision was to dismiss the employee summarily without notice, the Company will be under no obligation to reinstate or pay the employee for any period between the date of the original dismissal and the appeal decision and the original date of termination will stand. In the event that the decision to dismiss is overturned, the employee will be reinstated with immediate effect and they will be paid for any period between the date of the original dismissal and the successful appeal decision. Their continuous service will not be affected. Please note that the Disciplinary Policy set out above, in so far as it exceeds any statutory requirement, does not form part of your contract of employment and may be changed by the Company in its absolute discretion at any time.

Batgurl

Regardless of the warning or not. A pay review is just that...a review. They are under no obligation to offer you a rise.

If you feel you are underpaid, seek alternate employment. But there is no onus on them to pay you more, especially if there is a question mark over you/your behaviour in the company.

bobbysands81

You haven't yet received your written warning so it doesn't yet exist. Therefore it can't be used against you as it doesn't exist.

screamer

TBH, it seems a bit OTT that for any misconduct, a written warning is issued. In most businesses, it would be a couple of verbal warnings before a written warning, unless it was serious misconduct of course. I don't think leaving is really a good idea whilst this warning is active on your employee record, as if anyone was to give a reference, they could let any new potential employer know that you have it.
Perhaps contact NERA who could help you with employment rights etc.

d8lab

I've also been declined an interview for managers job and my monthly performance bonus was also stopped directly as a result of the "written warning"
My 6 monthly agreed pay rise is due shortly, im going to let them decline it due to the same warning.

davo10

d8lab wrote: »

I've also been declined an interview for managers job and my monthly performance bonus was also stopped directly as a result of the "written warning"
My 6 monthly agreed pay rise is due shortly, im going to let them decline it due to the same warning.

If there is a review to decide on a payrise, would that not mean it is discretionary and based on the review? Do you think you should be entitled to interview for a manager's job and get a pay rise, rather than have your application for both considered?

d8lab

If the written warning was not taken into account i would be automatically entitled to a pay rise.

Im going to request a meeting with HR to ask why I wasn't considered for an interview, I suspect they will reference the written warning.

I already have confirmation that the monthly bonus was not given due to the warning.

davo10 wrote: »

If there is a review to decide on a payrise, would that not mean it is discretionary and based on the review? Do you think you should be entitled to interview for a manager's job and get a pay rise, rather than have your application for both considered?

davo10

d8lab wrote: »

If the written warning was not taken into account i would be automatically entitled to a pay rise.

Im going to request a meeting with HR to ask why I wasn't considered for an interview, I suspect they will reference the written warning.

I already have confirmation that the monthly bonus was not given due to the warning.

Sorry, I misunderstood, you said pay "review", but why would a review be necessary if it was automatic?

If you have only been in the job a year, you have already been through a disciplinary, would it not be better to keep your head down for the remaining three months? Your chances of advancement will pretty much be zero if you create more hassle for yourself.