Urgent help, I want to appeal against a written warning in high street retailer.

[cverno11]

Hi guys, new to the site and looking for some advice please help

 

i work in a 'premium' high street retailer part time and have done for 18 months, during my time here i have worked so hard and my previous manager, deputy store manager and supervisors all sing my praises and have never had said a bad word or had an issue with me. I work extremely hard and do above what is expected of me, do overtime when needed, cover staff illnesses etc.

 

two weeks ago a new line manager was appointed to my department, i instantly raised my issues about this to my previous line manager as i went to school with this girl and wondered if this would be a problem as when she was manager at another retailer and had worked with my ex boyfriend. (sorry for personal details but feel this is relevant) my previous manager told me not to worry, stick it out for a few weeks and see how i got on.

 

So saturday the 13th i approached my new line manager asking her if it was possible for me to have the next saturday 20th off work either unpaid or as a holiday as I just found out i was moving into a new flat and had to sign my lease this day, also it was my 21st birthday that weekend.

 

I asked her this at 6.10, 20 minutes before the store closed and she shouted at me, saying i should have discussed this earlier on in the day when other staff were in so she could arrange cover, the reason i did not do so is because it was a saturday, our busiest day of the week and i did not see her all day apart from when she or I was busy.

 

She said the only way i could have it off was if i arranged cover, please note previously we never had to arrange cover, with a big store like this there is always enough staff for you to just simply take the day off, also since joining my department she never once told us what her rules were about taking days off, holidays etc.

 

i left it after that and tried to arrange with my landlord another day to meet, sadly this was not possible and the next time i was working was friday 19th, i presumed she would be in and planned on speaking to her that day, importunately she wasnt so i discussed the matter with my supervisor and another manager.

 

the other manager told me to contact her on her mobile to ask her about the situation but my supervisor told me there was no point as she doesnt 'appreciate' phone calls on her day off.

 

as wrong as it was i did not come to work on saturday 20th,

 

i had left a letter explaining and phoned her in the morning to explain the circumstances she was ok and said she would discuss it when i was back to work on the wednesday.

 

worked with her wednesday and thursday and there was no mention of the situation.

 

Then on friday 26th another manager asked me to come to the office where i was handed a brown envelope, inviting me to a disciplinary meeting on saturday 27th.

 

Please note,

 

this document was dated 23rd August, i was not given it till 3pm on 26th august despite having worked 24th and 25th

secondly it had been lying on a desk in an office used by all members of staff.

 

i had less than 24 hours till my meeting, when i went to the meeting i argued my case while she made me feel like i was 5 years old again. she then decided to issue me with a written warning which i feel unfair. Also after this meeting finishshe began to say 'off the record' as she put it she didnt have anything against me, she cant rmemeber anyone from school and she really wants me to do well etc as she had heard how hard i have worked and that i basically hold my department together despite being just a sales advisor on £6 ph.

 

I wish to appeal to my store manager which she said i am allowed to do.

 

my points are

- i feel a personal issue is here somewhere, i have never even been close to any disciplinary action in my 18 months here, 1 week after she joins my dept this happens.

- the document was left lying in an office for 3 days before issued to me, which i am embarrassed about as it was probably seen by many members of staff

- i was not given 24 hours before my meeting, therefore did not have enough time to prepare

- she did not mention anything about the situation or how to resolve it before the meeting

- she did not outline expectations of how long we had to put in notice for a holiday

- i only wanted 1 day off, not much when you consider the amount of my free time i devote to the company, unpaid

 

i know i did take the day off without permission but do i have anything to stand on if i appeal?

 

 

So sorry about the length of this post ! thanks

Edited August 28, 2011 by dx100uk
removed repeated use of so, and basically etc etc - dx

[Sidewinder]

i know i did take the day off without permission but do i have anything to stand on if i appeal?

 

Hi Cverno

 

Taking all things into account, I believe that the single line of your post above would lead to a probable 'No'

 

The top and bottom of your situation is that for whatever reason (and don't get me wrong, I certainly think that you have room to feel hard done by here) you failed to show up for work without permission. Any employer would be likely to take similar action to that which has been taken against you.

 

An appeal is certainly worthwhile (there are very few circumstances where an appeal would be completely futile), but you are going to have to work hard to convince the employer that you have been treated harshly. The first point to make however is that the employer is extremely unlikely to accept that there was any personal issue behind this (at this early stage and without supporting evidence which amounts to more than just a suspicion, feeling or perception, it would be completely unsubstantiated and would undermine the manager's position, which employers try to avoid on the whole.

 

What you need to do is to attack procedure on the basis of what you can prove. You mention that you asked for holiday at relatively short notice (1 week). Disregarding the fact that this may have been acceptable on occasions in the past, would this be in line with the company's policy on booking holiday? Does your contract say that you should give a week's notice, or a longer period? If a week is the norm, then whether you asked whilst other staff were there or not in order to ask there and then for cover is largely irrelevant, as that would be a matter for the employer to resolve. Never mind what 'her rules are about taking days off', you need to see how your request fits with your contract or company handbook. It is also not wise to suggest that there are plenty of staff around meaning that you shouldn't have to worry about arranging cover as that might well suggest that the department is overstaffed and if they can manage for a week, then why not permanently?!

 

Now it would appear that your reasons for requiring the time off were genuine and unavoidable, so with that knowledge you may well feel that the employer made insufficient effort to try and accommodate your request. There also seems to have been a lack of communication, lack of adequate notice for a disciplinary hearing (were you given the right to be accompanied by the way?) and a disregard for confidential personal information in leaving details of your disciplinary situation in full view of colleagues. Those are the safest grounds on which to appeal - basically that you had a very important appointment which despite your trying to, could not be arranged for any other time, you informed your manager of this at the earliest opportunity (which was unfortunately quite late in the day) which was a week before the day you required to take off. You had no further opportunity to discuss this until 19th, however this was the manager's day off and you were strongly advised not to contact her on her day off, and when you informed her on the morning of 20th that you would not be in due to the reasons discussed the week before, there was no mention of disciplinary action. You worked a further two days in the following week and you were still not warned that disciplinary action was being considered until less than 24 hours before it happened, and feel that this did not give sufficient time in which to adequately present your case.

 

You should also add that you are extremely sorry to have missed work on the day, but that the cause for your absence was completely unavoidable and you had warned of the reasons a week beforehand. You enjoy your job to the point where you ave regularly given time for nothing, are honest and trustworthy, and feel that you have a lot to offer the employer and are devastated to find yourself being the subject of a written warning. You are keen to make amends, but feel that in the light of the circumstances of your absence, a written warning is excessive.

 

Lay it on a bit and see what happens. Hopefully they will take everything you say into account, but based on simple facts, the absence was not authorised, and as such a written warning may well be deemed appropriate, so this is by no means a strong case for you.

[cverno11]

Thank you very much for your reply, you seen to completely understand the situation i am in. Will check with HR what the policy is for requesting holidays and get writing my appeal letter. I am now seriously considering leaving the job as i feel so demotivated by this, but regardless of if i stay or not i do not want this recorded on my file as i feel it has been dealt with very strongly considering i asked for 1 day off.

Again thanks very much for your help

[Sidewinder]

Don't do anything too hasty. Even if an appeal is unsuccessful a warning can only be on file for a limited period (they should tell you how long) and believe me when I say that however demoralised you may feel now, this isn't the end of the world.

 

It is sometimes more satisfying to work through it, stick two fingers up and prove yourself. I have been there!

[bonnygirl]

You could also say if you did not show up to sign the lease you would end up homeless, whcih would be more devastating as you would have to give up work as a result...not sure if this will work for you and how much your colleagues knows about your personal circumstances.

[Scouse Paul]

I would appeal against your written warning as they have not followed ACAS procedures in relation to disciplinaries etc.

 

You are entitled under employment law to get 5 working days notice on any disciplinary hearings (has been mentioned already).

 

In the letter they gave you, were you informed of your right to be accompanied by a Union Rep/Work Collegue etc, if your letter did not mention that then they are breaking the law there as well.

 

If you appeal does not come out in your favour then my next suggestion would be to take the case to an employment tribunal and due to them not following correct procedures the tribunal can increase your award (if you get awarded anything) by up to 25%.