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Hi I have a friend who has received a second written warning, she has never received a written warning or verbal warning, she hasn't discussed it with me yet but it doesn't sound like she has done anything serious.

 

What circumstances would warrant an employer legally giving a second written warning having had no other warnings, other than gross misconduct.

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Hi I have a friend who has received a second written warning, she has never received a written warning or verbal warning, she hasn't discussed it with me yet but it doesn't sound like she has done anything serious.

 

What circumstances would warrant an employer legally giving a second written warning having had no other warnings, other than gross misconduct.

 

 

 

Have a look here

http://www.roydens.co.uk/content33.htm

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EGG

Virgin CC

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MBNA

 

 

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I think we need more detail. There is nothing to say that an employer HAS to issue either a verbal or first written warning if it is deemed that the act of misconduct is serious enough to warrant a second or final written warning, but there may be provision in the contract for a particular sanction in response to a particular act.

 

So, your friend needs to obtain a copy of her employee handbook, or disciplinary and grievance policy to determine whether there is a particular sanction appropriate to the misconduct that she has been accused of. If however what she has done is specified as having a lesser sanction imposed, then she can appeal on the basis that the sanction is disproportionate and that company policy has not been applied. If however the contract is silent or in any way ambiguous, then there is nothing to stop the employer skipping lesser sanctions if they believe there is a good reason to do so. She could still appeal (and maybe should appeal the severity regardless anyway if she believes that the second written warning is disproportionate) if others have committed the same misdemeanour and have received a lesser sanction, as the employer should always be even handed in disciplinary procedures where similar circumstances are involved.

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

 

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It can't be a second warning if there is no first by definition. It may be a final warning.

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