Rules on Disciplinaries, help wanted!

binnie

Since Nov last year I have had 7 separate ocassions off work as my mum was ill. (She has now passed away ) . I got a verbal warning in Feb 2009 and it should have stayed on my file for 6 months as mentioned in the letter.
Now my employer says the rules have changed and that the warnings stay on your file for 12 months.
I don't suppose they can change that warning I've had and make it last 12 months can they, when the new rules weren't out when I got the warning.

Tomorrow I have to have another disciplinary for being off with stress, sore throat, upset about mum still, and I'm wondering what sort of warning I'll be getting.
If my old verbal warning has expired, shouldn't it be another verbal to start again, or will I jump to a written warning.

I work in the retail business.

Thanks in advance

wontfallforit

binnie wrote: »

Now my employer says the rules have changed and that the warnings stay on your file for 12 months.
I don't suppose they can change that warning I've had and make it last 12 months can they, when the new rules weren't out when I got the warning.

Sorry to hear about your mum.

It'd seem a bit unfair if they take older warnings into account, now that they've changed their rules. I don't know if it's legal or not (someone here will probably point you in the right direction), but again, it sounds a little mean. It'd make sense if your last warning was still within the last 6 months (i.e. they could extend it), but the warning was outside of 6 months, and you have the letter to show that the rule at the time the warning was made meant that it'd stay on file for just 6 months.

Take that letter to your disciplinary, just in case they raise the issue and try to make that older warning still relevant.

Tomorrow I have to have another disciplinary for being off with stress, sore throat, upset about mum still, and I'm wondering what sort of warning I'll be getting.
If my old verbal warning has expired, shouldn't it be another verbal to start again, or will I jump to a written warning.

When I worked in retail, we had that 6 month rule also. Anything outside of 6 months was discarded when it came to future disciplinaries, and the process went back to verbal. That may or may not be the case for your company, though it'll also depend whether or not they intend to apply the new rule retrospectively.

Either way, if you do receive a written warning (and only that), it's not the end of the world. I believe you're allowed at least one more WW before anything major happens (i.e. dismissal), but again, someone on here will probably know much more about disciplinary procedures than me.

Consult your contract and/or employee handbook, if you have one, as the disciplinary structure should be outlined for you.

binnie

Thanks for your reply. I've had an awful year and can't help being off work.
As I work with the public, I have found it difficult to concentrate and be myself with customers .
Somedays I have just stood there crying as my mum meant so much to me.
I still find it hard to go into work somedays and just act like nothing has happened.

My boss has been good with me don't get me wrong, but he now says head office are on his back.
Not sure if that is true or not, or it's just him.

wuckfit

I'm not sure what the rules are regarding whether the original verbal warning would lie on file for 6 months or 12. I'd have thought it should be six.
It's a real shame you're being punished for being genuinely ill. Unfortunately, retail managment (and call centres) seem to be the most heavy-handed in this, preferring to micromanage every employee, resulting in low staff morale and high turnover. The worst ones are the ones that come in when they're choked with a bad cold or 'flu, with something to prove. all they do is spread it around the workplace, and someone with a weaker immune system ends up in bed for a fortnight...

Fingers crossed that it goes as well as can be expected tomorrow...

lynzpower

I would definately recommend speaking to acas re the warning as i would suggest it makes a substantive change of contract...

binnie

Thanks to the both of you.
It gets me mad too that I know of other people who have been off work sciving and then told the boss they are ill.
I have had a genuine reason to be off work. Somedays even the boss run me to my parents house when mum was so bad just before she passed away.
I'm still getting stabbing pains in the back of my head. I've been to the docs, he just says it's stress.
I'm on anti depressants, but have been on them for some years.
I just feel so sad and low, especially this time of year.
It's bloomion xmas songs starting tomorrow at work too.
Happy Xmas, bag humbug!!

xxx

fengirl_2

The straight answer to your question is that there are no laws around written, verbal or any other kind of warning and how long they do or dont stand on your file.
The rules for holding discpilinaries used to be in the employment acts, but they only stated the process, there were no rules about things staying on file. This was abolished in April this year and employers now have to follow a code of conduct (which is on the ACAS website). This is even less helpful as it lays down no hard and fast rules, only that the process needs to be fair and speedily dealt with. However, any incident which leads to a disciplinary which happened prior to 5 April has still to be dealt with under the old rules.
Your employer should have a written policy of how discplinaries are to be dealt with, what would mean a verbal warning, what a written warning and how long these stay on file, etc. You therefore need to consult your EMPLOYER'S policy to find out whether this has changed and whether you are being dealt with properly under it.