Do you HAVE to accept a warning?

caeler

Warnings are not a mutual agreement. Perhaps your friend who doesn't believe the matter was a disciplinary matter should concentrate on understanding the appeal process.

MissSarah1972 - read Sambucus's advice, it is very sensible and right. It is sometimes very easy to get indoctrinated into a current employers policy/procedure (ie your employer clearly expects warnings to be signed for) that doesn't mean it is right or legally required. Alternatively make some time to read ACAS's code of practice: http://www.acas.org.uk/media/pdf/h/m/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures.pdf

MissSarah1972

caeler wrote: »

Warnings are not a mutual agreement. Perhaps your friend who doesn't believe the matter was a disciplinary matter should concentrate on understanding the appeal process.

MissSarah1972 - read Sambucus's advice, it is very sensible and right. It is sometimes very easy to get indoctrinated into a current employers policy/procedure (ie your employer clearly expects warnings to be signed for) that doesn't mean it is right or legally required. Alternatively make some time to read ACAS's code of practice: http://www.acas.org.uk/media/pdf/h/m/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures.pdf

No my old employer would not have got a warning signed as I know they gave someone a final written warning by handing them a letter with no witnesses at their desk and never told them what it was etc so that's why I asked about getting it signed.

Googlewhacker

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.

This is highly unlikely to work...

MrSnuggles

Googlewhacker wrote: »

This is highly unlikely to work...

Highly unlikely as in impossible. If it works, I'll change my surname to dipstick.

KME91

Googlewhacker wrote: »

This is highly unlikely to work...

Not least beacuse you can't remain employed by someone and 'start proceedings for constructive dismissal'. The very first step in a constructive dismissal case sort of needs to be that you quit. Otherwise where is the dismissal part?

londonTiger

buel wrote: »

Hi,
Quick question- my friend thinks he is likely to receive a warning from his employer for allowing himself to get into an argument with a colleague who his employers repeatedly put to work with my friend knowing full well that they dont get on.
My friend wants to know, do you HAVE to accept a warning from your employer if you dont agree with it?

yeah, if you don't want to accept it you can always resign and find another job.

LittleVoice

MissSarah1972 wrote: »

No my old employer would not have got a warning signed as I know they gave someone a final written warning by handing them a letter with no witnesses at their desk and never told them what it was etc so that's why I asked about getting it signed.

So what could this letter have said?

Sambucus_Nigra

MissSarah1972 wrote: »

No my old employer would not have got a warning signed as I know they gave someone a final written warning by handing them a letter with no witnesses at their desk and never told them what it was etc so that's why I asked about getting it signed.

How do you know they got it if there were no witnesses?

andygb

KME91 wrote: »

Not least beacuse you can't remain employed by someone and 'start proceedings for constructive dismissal'. The very first step in a constructive dismissal case sort of needs to be that you quit. Otherwise where is the dismissal part?

Wrong, very wrong!
I suggest that the OP decides to get legal advice from a qualified employment solicitor, rather than listen to the ramblings of some people on this forum, who obviously have no idea of what they are talking about.
I would not have suggested this if I had not had direct experience of it a few years ago. The case in question involved a member of staff being bullied by the management, then being given a warning. The member of staff had logged the times and dates of incidents and meetings, and was signed off work by his GP suffering from extreme depression. He then presented the facts to an employment solicitor (he had not resigned at that time) and the solicitor then became the only person contacting the firm.
Yes, the employee left the company (would you really want to work for a company if they were trying to force you to leave?), after it was decided that a "Compromise agreement" could be reached and an out of court settlement agreed upon (£15K and legal costs paid by the firm). This gave the employee time to sort out his life, get better, and find another job.

andygb

MrSnuggles wrote: »

Highly unlikely as in impossible. If it works, I'll change my surname to dipstick.

You should seriously give it a thought then;)