Advice on disciplinary please

[lbr102help]

I need to try to be quite vague as I am scared that someone will find this thread and use it against me in somewhere - I'm a bit paranoid at the moment.

 

I was called into an office by a manager (not my line manager) and told that I would be receiving a written warning due to some complaints from two customers. Up to this point no one as far as I'm aware had ever complained and I had only ever had good feedback about what they thought about me.

 

One month prior to this meeting I had my annual appraisal and was told that I was doing well. There were a couple of areas for improvement which I was to work on with my new line manager going forwards but I came out feeling very positive and told that there had been positive feedback about my work in general. My old line manager held the appraisal but I was due to get a new line manager and old line manager was to report back to new on meeting.

 

After being called in to the office to be told I would have a disciplinary, I received an email stating the reasons why and told HR would follow up shortly. It took 6 days (including weekend) before I received letter. Letter stated I had 5 days from date of letter to respond with an appeal. By the time I received letter 4 of those days had passed! I have put together an appeal and handed in today (although company guidelines did not make it clear who I needed to hand this to so I had to make an assumption).

 

I'm not really sure what my question is but can anyone offer me advice on whether I am doing things right? I think the way in whcih they have done things has been wrong but I'm so confused at the moment. also what should happen now?

 

Thank you in advance.

[honeybee13]

Hello there. I'm sorry you're going through this.

 

Hopefully some of our employment gurus will be along later, but in the meantime you can help yourself. Have a look at the ACAS and directgov websites for guidance on disc procedures. And your contract or particulars of employment should set out procedures. If there aren't any, I can't remember if there are default procedures.

 

ACAS also have a confidential helpline who will be there from 8am tomorrow. The number is on their website.

 

I hope this goes well for you. Please keep us posted.

 

My best, HB

[lbr102help]

Thank you for your quick response.

 

There are disciplinary guidelines in my contract which appear to be pretty standard. These have not been followed as as far as I understand, it seems to be that I should have at least been told there was disciplinary action being held against me prior to a decision being made on the written warning but this did not happen and I have not been given the opportunity to put forward my side of things.

 

I did call ACAS but I got the impression that basically there was little that could be done unless it got to a situtation where it went to external proceedings such as if I was dismissed. ACAS basically just stated that their guidelines are best practice and that they would really come into play if the company were found to have treated me unfairly in the end, so I guess if it goes to an employment tribunal.

 

I'm very confused and unsure where I stand.

[Sidewinder]

Thank you for your quick response.

 

There are disciplinary guidelines in my contract which appear to be pretty standard. These have not been followed as as far as I understand, it seems to be that I should have at least been told there was disciplinary action being held against me prior to a decision being made on the written warning but this did not happen and I have not been given the opportunity to put forward my side of things.

 

I did call ACAS but I got the impression that basically there was little that could be done unless it got to a situtation where it went to external proceedings such as if I was dismissed. ACAS basically just stated that their guidelines are best practice and that they would really come into play if the company were found to have treated me unfairly in the end, so I guess if it goes to an employment tribunal.

 

This bit is true. The ACAS guidelines are exactly that - guidelines, however if you were to end up in a position where it became necessary to take Tribunal action, then the failure to abide by the ACAS Code would be considered by the ET and any award could be increased.

However, the fact that your contract affords you certain treatment in the event of disciplinary action means that your employer has to tread carefully, as if you were to be dismissed for a further incident, then you could sue for wrongful dismissal (for the breach of your contractual disciplinary rights). Your contract states that you are entitled to a formal hearing prior to any action being taken against you, and it would appear that the outcome in your case was pre-judged.

Since you have already appealed, then there is little more that you can do at this stage. What were the grounds for your appeal? What have you said?

 

I'm very confused and unsure where I stand.

 

..

[lbr102help]

Thanks for the responses.

 

I have received the response to my appeal letter. I received a letter in writing basically stating that they were unwilling to accept my appeal. So now I have been given a written warning without a hearing and also basically been declined my right of appeal.

 

At the end of the day, I don't feel like I have a choice but to accept the way I'm being treated but it feels awful as I feel as though they are treating me how they want and I just have to accept it. I guess I just need to carry on but am feeling incredibly depressed.

[honeybee13]

Hello again, sorry it hasn't gone the way you hoped. Written warnings don't last forever and although you and I feel this is unfair, there should be a set time limit for it to be on your record.

 

Your only other option could be to raise a grievance over how the matter was handled by your work, but if you feel that could cause you further problems, it might be better to get on with it now and keep an eye out for an employer who will appreciate your talents.

 

My best, HB