Some opinions needed please!

swimityswim

Hi everyone! I would like a little advice on my partners situation at work. I don't want to go into too many specifics, as I don't want his employer to recognise us

My partner works for a very small business, and the 3 owners appear to think that they can break employment law left right and centre. Another member of staff is currently going through the tribunal system...and they are not the first!
Anyway, my partner was involved in a work related discussion with other colleagues outside of work, this was viewed in a negative light by one of the employers as this employer believed things were said (i.e slander) which were not. My partner has now received a written warning, which we are appealing. We are appealing it because they did not follow correct procedure. Again I don't want to go into specifics, but she's ended up with a written warning. We have appealed this but so far it has been ignored...they have even stated that such procedures are not how we do things here! So, we don't expect to get the result we want from them (which is just to have the warning removed) so we will take it to an ET if this is the case. I was wondering though, what will the ET do? Assuming that they rule in our favour, will she just have the warning removed? All info I can find always relates to dismissal and redundancy cases, whereas my she still has her job!
Thanks in advance!

ceridwen

I guess the first question here is - how long does a written warning last? Hopefully someone will come along soon that can tell us that.

lesley1960

I'm not sure a tribunal will deal with this , unless the written warning escalates into dismissal .She should contact Acas

swimityswim

Thats a little disappointing, because if her employer ignores her appeal, and any grievance, then theres nothing else we can do? The warning lasts 6 months (but it shouldnt even be there!)

edited to add we've tried phoning acas multiple times, but can't get through on the phone.

ceridwen

I've been in this situation myself before now - which is why I made the comment about the length of time a warning lasts for. I was fuming with the injustice of it - as it wasnt merited - but unfortunately found there didnt seem to be anything I could do about it other than "watch my back" very carefully indeed and bite my tongue a lot until the warning had "expired". I'm still annoyed now about the unfairness of it - so I know its not easy to live with it. I know you'll be going round "Thats not fair, thats so not fair" and you would be right (as this conversation - whatever was said - wasnt in work time - so it was none of their business). So - I'm sorry to say that I agree with you as to the unfairness - but I dont think theres anything you can do.

fengirl_2

Warnngs have no legal basis in UK employment law. The only way she can progress this is by raising a formal grievance against the way she has been treated, go through the procedure and then go to an ET if the grievance fails. The ACAS helpline is very helpful

swimityswim

fengirl wrote: »

Warnngs have no legal basis in UK employment law. The only way she can progress this is by raising a formal grievance against the way she has been treated, go through the procedure and then go to an ET if the grievance fails. The ACAS helpline is very helpful

Thanks for all your replies. We have a grievance in place too, aswell as the appeal. Tbh they don't know what they are doing, so we expect it to get ignored. I'm glad we can go to the ET if the grievance fails...would they outcome just be to remove the warning?

ceridwen- I'm sorry you've been through a similar experience too. What really irks me is that they have no evidence, and that the one epmloyer (out of 3) who was upset by all this wanted to do the whole disciplinary, or sham of one, all himself so would be judge, jury and exceutioner, so it was all completely biased. She has been victimised as no one else invloved has been spoken to at all. Im worried they will pick up on everything she does to try and get rid of her.

lbell_3

fengirl wrote: »

Warnngs have no legal basis in UK employment law. The only way she can progress this is by raising a formal grievance against the way she has been treated, go through the procedure and then go to an ET if the grievance fails. The ACAS helpline is very helpful

Not true sorry. If she raises a grievance about the written warning and that grievance fails, she still has no complaint that the tribunal has jurisiction to hear. You could only take the employer to tribunal if the written warning turned into a dismissal that was unfair or if there is a suggestion of discrimination (on the grounds of sex, race, age, disability, sexual orientation, religion or belief.)

See here for a list of jurisdictions:

http://www.employmenttribunals.gov.uk/FormsGuidance/jurisdictionList.htm

ACAS are indeed useful. Keep trying to contact them to confirm what I've said.

swimityswim

Thanks, we will keep trying to contact Acas. No luck as yet though. We are getting a little confused though, as our union has told us that we can take this to a tribunal if her grievance is ignored.

mswannabe_2

swimityswim wrote: »

. We have appealed this but so far it has been ignored...they have even stated that such procedures are not how we do things here!

What absolute fools these employers must be. They have no choice but to follow minimum 3 step statutory procedures as laid out by Employment Act 2002. I've already posted this link on another thread but have a read of page 47 of this ACAS info which gives clear guidelines on statutory procedure. HTH;)

http://www.acas.org.uk/CHttpHandler.ashx?id=361&p=0