Verbal Warning Attendance...

[s1n]

Hi all I wonder if anyone could advise me n this issue iam having. The company I work for have an absence procedure that 2 absences in a 16 week period then you have to go to a hearing.

So I was off 3 days sick and then sick again a few weeks later. So rightly I was taken into this hearing with the out come no action taken due to same illness.

Then in the next 16 week period I was off sick 1 day and had a partial absence for Doctors appointment then another partial absence for dentist both I was given permission to leave by my supervisor. I was taken into a meeting again and explained this. I got a letter back saying I was given a Verbal warning due to 'your explanation was not acceptable in these circumstances'.

Iam Going to appeal this but there is no personal department the mangers take the action there selfs and I know the guy I have to appeal to was the one that made the decision to verbal warn me in the first place. so chances are my appeal will fail no matter if am wrong or right.

I was hoping someone could give me some advice on what to do as it seems the punishment as such was too harsh for the action.

Thanks

[elche]

Hi s1n

 

How long have you worked there?

 

Did you have a 'hearing' i.e. official meeting before getting your verbal warning?

 

Do you have a company handbook?

 

Che

[s1n]

10 years I have worked for them and yes I had the meeting with a supervisor which I stated the reasons for me being off (actually they allready knew as they have a sickline) so I was just there to confirm why I was off.

 

Also yes I have the handbook but there is no exact point regarding how much time is allowed off. I have followed the rules to a T but I believe that the the rules are being made as they go along.

[elche]

Well ultimately, I suppose all you can do is appeal. Ensure they are aware of the reason for all your absences, and explain why you consider the sanction too harsh / inappropriate.

 

There are cases where employees have succeeded in claims for constructive dismissal in relation to inappropriate use of disciplinary sanctions, but I doubt this would be apply to the facts you state.

 

good luck, and please let us know what the outcome of the appeal is.

 

Che

[s1n]

I will post back when I know but as I said a dont hold out much hope of the appeal as I have had a problem with the guy that the appeal is to be sent to adn know it was him that made the decision to Verbal warm me I dont think I will be able to change his mind.

[s1n]

I had an appeal meeting 3 weeks after I put in the letter. Put all my point across and also asked who made the decision to give me the Verbal. Was told by my supervisor that a certain manger had made the decision as he passed on all the info about it to him. But turns out that the same manager was the 'impartial' Manager taken my appeal hearing. Also the same manager which I had a complaint against for harassment.

I received the response over a week later saying the Appeal was unsuccessful reason was 'We considered the reason' and that decision was final.

So can anyone help out and tell me what a should do next. Iam thinking an official grievance against the manager and also an appeal again the outcome to someone higher.

Thanks

[BeauBrummie]

You say you have the staff handbook ? what does that say about the appeals procedure?

 

If you raise issue as grievance against the manager what does the handbook state about company policy on grievances? The Company policy should allow for you to raise a grievance against your line manager by writing to a higher person, his line manager so to speak.

 

Beau

[Jason F]

Any APPEAL on a decision which is heard by the same decision maker (i.e. manager) who took the original decision is NOT an appeal which will be recognised by the court and therefore will not be a correct procedure for the DDP ....

 

You can put, in writing, to your employer that you believe that the appeal process was flawed as the same person has overseen the appeal as the original decision and request the appeal be passed to someone independant (of the manager, not of the company) to make a decision which can be impartial, upon sight of all the evidence..

[s1n]

On the appeal the book just says says you can appeal dosnt say how many times. The problem is there is no Personal Department so any letter a put in is seen by the person that is the problem also the way things work even if it was sent to another manager it would de discused in private between them so to speak.

 

The minutes from the appeal meeting have been edited to basically suit them self even my witness looked over the minutes and said that wasnt the way things were said.

[Jason F]

The two managers could not discuss the situation, that again would not be impartial.

 

They will need to have you submit your views, the manager submit their views, then a decision made by someone impartial..

 

Did you or your witness sign the minutes? If not, then that is also in your favour.