Old Written Warnings

[jonjo1978]

Hi,

I work at a printers in bradford and about 5 years ago I was given a written warning for taking some scrap metal from work (it was waste but my employer still classed it as theft). I am now in trouble with him again due to not agreeing with him talking to me like a dog and fighting my corner (he says it is gross misconduct as I argued my case and walked away from him when he started swearing). He is using my old written warning as a base to try to terminate my employment.

Am I correct in thinking the written warning should be removed from my file after 12 months? Am I also within my rights to walk away from him if he is being verablly abusive?

John

[R&J]

Should say in your contract or employee handbook how long written warnings last, but generally it is 12 months at most.

 

If he is being absuive walk away.

 

Sounds like a possible Unfair Dismissal claim if they fire you.

[jonjo1978]

that opens up another bag of worms.....

 

We have never had a contract. I have worked here for 16 years and have always been told "its a family firm, we dont need contracts". We recently bought out another printers, all of who are on contracts, but none of the original firm has one, and on request get told "we wont be going down that route".

[R&J]

A contract will be implied based on custom and practice of how you have worked over the last 16 years. The fact that nothing is in writing should not be a problem.

[honeybee13]

And I believe I'm right in saying that if you don't have a written contract, then the terms laid out on the directgov website are assumed to apply. I also don't think a former warning can be resurrected after this length of time.

 

You could have a look at the directgov and ACAS websites for more information, and ACAS have a confidential helpline. Keep your cool, you'll get there.

 

My best, HB

 

Welcome to CAG by the way.

Edited August 5, 2010 by honeybee13
PS

[Sidewinder]

There isn't an automatic time limit to warnings, but to use a previous one which is five years old as a basis for dismissal would be extremely unreasonable if this misdemeanour is a minor one. Good practice is for warnings to last for a specified time, and thereafter, whilst they may remain on record, they should not be used as a continual stick to beat you with.

 

No written contract actually works in your favour in some circumstances as the majority of your contract will have been formed by custom and practice. As the disciplinary code is also not in writing, it also makes it very hard for an employer to defend an action for Unfair Dismissal, as with the exception of acts of Gross Misconduct which would be obvious to the employee were wrong, there is nothing to say that you should have known you were likely to end up in trouble.

 

Is the latest incident a serious matter, or would it otherwise be trivial? Have you maintained a good work record since the original warning?

[patrickq1]

Employment contracts : Directgov - Employment