Do you HAVE to accept a warning?

andygb

Are both members of staff to receive a warning for argueing or just one, and if so why?
If the person receiving the warning can prove that the argument was a 50/50 affair and he is subsequently disciplined, then he could start proceedings for constructive dismissal, which could cost the company dearly.
The fact that the company have brought in someone to work with him, who he does not get on with, may be seen as further evidence of a CD scenario.
It is always best when companies treat employees equally, because if they do not, then they never know when it is going to come back and bite them on the bum.

DVardysShadow

Sambucus_Nigra wrote: »

You can't not accept it but you can appeal it.

Warnings are neither accepted nor rejected. They are just given.

Sambucus_Nigra

MissSarah1972 wrote: »

What if they do not have a representative? I always thought a warning should be signed as 100% proof.

Proof of what?

And do you think if it's not signed that it doesn't stand?

MrSnuggles

buel wrote: »

Thanks for that,
Yes he did argue but doesn't understand the need for a disciplinary meeting.
Just out of interest, i've heard lots of stories of people refusing to accept or sign for warnings from their employer?

How do you fail to understand the need for a disciplinary meeting? You- I mean your friend was caught arguing with a colleague in the workplace instead of working. This argument would have disrupted others from working, and being your friend caused a scene, his disciplinary meeting and receiving a warning is already a minor punishment. Be thankful he's not sacked.

It doesn't matter what the argument was about. The fact he took part in it, being disruptive to others and wasn't using this time to work is.

MissSarah1972

Sambucus_Nigra wrote: »

Proof of what?

And do you think if it's not signed that it doesn't stand?

Proof that you gave it to them? You can't just give a letter to someone telling them they have a final written warning without showing them the letter and getting them or a witness to sign it surely? Maybe I am wrong but if you did that the person could just say 'what warning'?

Sambucus_Nigra

MissSarah1972 wrote: »

Proff that you gave it to them? You can't just give a letter to someone telling them they have a final written warning without showing them the letter and getting them or a witness to sign it surely? Maybe I am wrong but if you did that the person could just say 'what warning'?

Even if they did - what's going to happen? This isn't the police - it's an employer. Minutes taken in a meeting and a letter on file, dated - are more than enough to show that a process has been followed. If a person goes into a disciplinary without a representative, then more fool them.

MrSnuggles

MissSarah1972 wrote: »

Proff that you gave it to them? You can't just give a letter to someone telling them they have a final written warning without showing them the letter and getting them or a witness to sign it surely? Maybe I am wrong but if you did that the person could just say 'what warning'?

If the situation merits it, an employee can be immediately dismissed without any warnings. The warning procedure is only if the employee commits minor offences...

MissSarah1972

Sambucus_Nigra wrote: »

Even if they did - what's going to happen? This isn't the police - it's an employer. Minutes taken in a meeting and a letter on file, dated - are more than enough to show that a process has been followed. If a person goes into a disciplinary without a representative, then more fool them.

That if we are assuming everyone follows the correct process and they don't unfortunately.

Also not everyone can take someone with them.

Sambucus_Nigra

MissSarah1972 wrote: »

That if we are assuming everyone follows the correct process and they don't unfortunately.

Also not everyone can take someone with them.

If they don't follow the process then more fool them. It's there to protect the employer as much as the employee.

You think that 2 managers' witness testimonies, plus minutes [dated within the computer], plus a dated letter on the person's file plus handwritten notes plus a note in the diary that the meeting happened; would be disregarded just by someone not signing a letter to say they agree with a disciplinary?

marybelle01

andygb wrote: »

Are both members of staff to receive a warning for argueing or just one, and if so why?
If the person receiving the warning can prove that the argument was a 50/50 affair and he is subsequently disciplined, then he could start proceedings for constructive dismissal, which could cost the company dearly.
The fact that the company have brought in someone to work with him, who he does not get on with, may be seen as further evidence of a CD scenario.
It is always best when companies treat employees equally, because if they do not, then they never know when it is going to come back and bite them on the bum.

Good luck if you follow this advice. It is so far off correct it would take an essay to correct it. What following it will cost him is his job. End of story. Oh, and probably his reference too.

Employers do not require you to get on with your colleagues. They don't expect you to like them. Work isn't a social activity. They expect you to do your job and not cause them problems - not get into arguments with people you don't like. It doesn't matter who starts an argument or whether it is 50/50 or not - the best advice is to keep your mouth shut, don't get in to arguments, and if you can't resolve something refer it to a supervisior or manager, not start shouting at each other.