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on final written warning, then fired for being late once?


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not me but a friend

 

they are on a final written warning for varoius issues, none of them lateness related. they have just been fired for being late. this is the 1st time being late in 4 years with the company.

 

can they fire someone for being late once in this situation? they are on a final written but surely with lteness they need to give time for improvemtn to happen, not just go straight for the sacking, even on a final written?

 

also im not sure if they have classified it as gross or regular misconduct but this isnt gross is it? so if they can fire this person based on this issue, they have to give notice according to the contract of employment? so this person would be intiled to pay in leui? if they have gone down the gross route would this be a way of trying to appeal the termination?

 

thnaks for any help

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not me but a friend

 

they are on a final written warning for varoius issues, none of them lateness related. they have just been fired for being late. this is the 1st time being late in 4 years with the company.

 

can they fire someone for being late once in this situation? they are on a final written but surely with lteness they need to give time for improvemtn to happen, not just go straight for the sacking, even on a final written?

 

Unfortunately yes they can. Warnings do not have to be cumulative for the same offence in order to lead to dismissal, and a FWW is quite literally last chance saloon in most situations - put a foot wrong in any way and you are likely to be leaving shortly afterwards. If this were not the case, then the employee could be holding warnings at different stages for different offences. It would seem that with a history of various misdemeanours, the incidence of lateness has tipped the balance and led to dismissal.

 

also im not sure if they have classified it as gross or regular misconduct but this isnt gross is it? so if they can fire this person based on this issue, they have to give notice according to the contract of employment? so this person would be intiled to pay in leui? if they have gone down the gross route would this be a way of trying to appeal the termination?

 

No - this isn't Gross Misconduct, it would be dismissal in accordance with the company's disciplinary procedures - warning, written warning, final warning, dismissal - and any of these stages may be skipped depending on the nature of the earlier offences. Indeed the dismissal would have to be in accordance with the contract, so what is the employer's disciplinary procedure? What does the Company Handbook or other document/policy state about warnings and dismissal?

 

AFAIAA such a dismissal should be with the relevant notice, together with any wages owed and holiday pay. This is most unlikely to be a matter of Gross Misconduct unless the issue of time was critical to the business and an employee being late had a catastrophic effect and this was emphasised in the contract of employment.

 

thnaks for any help

 

..

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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gonna disagree with sidewinder a touch here, your friend should appeal on the grounds that any warning given for 1 late in 4 years was too harsh and thus should not have triggered the dismissal.

 

Not saying sidewinder is wrong, just that it should be challenged

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And I agree....

 

It may not get anywhere, as a trigger event on a FWW does not have to be related in order to be considered 'fair' in law, but I realise that I did forget to say that one should always appeal, and a single event of punctuality leading to dismissal is certainly harsh - and would be more so if your friend has taken steps to improve (and is being seen by the employer to have done so) the factors which led to the FWW.

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The company sounds confused, your friend needs to appeal because the company has not followed their own policy or procedure. Make sure your friend gets a copy of the companies handbook/policy & procedure in regards to dismissal. I worked for a company for 16 years and was dismissed on capability grounds due to ill health within the last 2 years, when I was called into the meeting they said why I would be dismissed they did not all of a sudden tell me that I was going to be dismissed for being late, even though I was many times.

 

If your friend has been honest and walks in truth, he will not let this lie, I most certainly did not, I took the company to the Employment Tribunal.

 

Lolitta x

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This may have no bearing. However, if your friend has a disability, and has been late for work due to his/her "impairment", it may be that the employer needed to take this into account - viz, by way of making a "reasonable adjustment".

 

There are a few cases where employees' have been late for work (Dickens -v- O2) due to the excessive demands of the job, and the very fact that the employee is unable to cope with the demands of the job.

 

As such, it is incumbent upon the employer (duty of care) to take reasonable and practicable steps to discover whether reason/s exist (which it might be unaware of) which is causing the employees lateness. An employer who acts with "due diligence" would establish the facts prior to acting in such a heavy handed manner.

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It sounds like they were just waiting for an excuse to sack him.

However, to be on a final written warning within 4 yrs of working for a company and then turning up late, is, IMO, asking for trouble.

All I ask is to be treated fairly and lawfully.

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Did you friend give a reason for being late phone his employer to tell them he was going to be late if he did then fight them, that is to harsh and he should have been given a chance to improve. Tribunal say sacking is last resort so employer here seems wrong to me.

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