Do you HAVE to accept a warning?

Sambucus_Nigra

buel wrote: »

Hi all.
Thanks for the many comments.
To be brief as i can, my friend works on a factory floor in an engineering firm. There are arguments between employees most days consisting of industrial language, nothing major but then neither was this one.

My friend became frustrated at his colleague's constant mistakes whilst sharing the same job. This has happened before and it was well known to everyone that they two do not get on due to the colleague constantly making mistakes The colleague then began shouting at my friend and my friend said something similar to 'Working with you is like working with a sapling', meaning the colleague was 'green' and untrained. The team leader of the pair heard this and reported it to the factory manager (instead of intervening and calming the situation- just my opinion).

Today, after both employees attended a disciplinary meeting seperately, both with their union rep (the same one, rather oddly), the colleague received a warning that 'bumped' him up to his final written warning and was moved to a different area to work and my friend is to receive a warning by letter tomorrow.

I should mention two things:
1, In the past two years, another employee who punched his team leader only received a warning.
2, 5 weeks ago one employee (known to have mental health issues) walked into another employee's area of work and shoved him for no reason whatsoever and then repeatedly 'offered him outside'. When this was reported to the same manager who dealt with today's disciplinary meeting, the manager took no action whatsoever. The employee with the mental health issues had done the same thing to another employee two months previous and received a verbal warning.
The employee with mental health issues admitted both incidents.

So you can see why my friend is feeling a bit put out?
The union rep suggested appealing once the warning has been given.

I understand that these details may sound incredulous but i have no reason to lie.

I suppose my question is, is the fact that the employers took no action against the employee with mental issues relevant to my friend's case/situation? Ie-, can he use it as grounds for appeal?

I don't think it sounds incredulous - they are obviously aware of the mental health issues and have made some allowances for that. Both your friend and their colleague received warnings even though it was your friend that insulted the other one.

We also said that he could appeal so it's not a surprise that your friend has been told that the next step would be to appeal. As that's what the next step is. He can appeal on the grounds that it is custom and practice to insult and argue in the workplace however they an disregard anything relating to someone else's situation.

However I would ask why the manager is not addressing skills shortages and mistakes themselves, and allowing these situations to occur in the first place.

prowla

buel wrote: »

Today, after both employees attended a disciplinary meeting seperately, both with their union rep (the same one, rather oddly), the colleague received a warning that 'bumped' him up to his final written warning and was moved to a different area to work and my friend is to receive a warning by letter tomorrow.

Sounds to me like they bumped the other guy up to his final warning and had to give your friend a warning too, for parity.

buel

Thank you for your replies.
Please could someone tell me is there a standard time for warnings to 'run out'/expire?
And once they expire, can they ever be included in any future disciplinary meetings?

andygb

buel wrote: »

Hi all.
Thanks for the many comments.
To be brief as i can, my friend works on a factory floor in an engineering firm. There are arguments between employees most days consisting of industrial language, nothing major but then neither was this one.

My friend became frustrated at his colleague's constant mistakes whilst sharing the same job. This has happened before and it was well known to everyone that they two do not get on due to the colleague constantly making mistakes The colleague then began shouting at my friend and my friend said something similar to 'Working with you is like working with a sapling', meaning the colleague was 'green' and untrained. The team leader of the pair heard this and reported it to the factory manager (instead of intervening and calming the situation- just my opinion).

Today, after both employees attended a disciplinary meeting seperately, both with their union rep (the same one, rather oddly), the colleague received a warning that 'bumped' him up to his final written warning and was moved to a different area to work and my friend is to receive a warning by letter tomorrow.

I should mention two things:
1, In the past two years, another employee who punched his team leader only received a warning.
2, 5 weeks ago one employee (known to have mental health issues) walked into another employee's area of work and shoved him for no reason whatsoever and then repeatedly 'offered him outside'. When this was reported to the same manager who dealt with today's disciplinary meeting, the manager took no action whatsoever. The employee with the mental health issues had done the same thing to another employee two months previous and received a verbal warning.
The employee with mental health issues admitted both incidents.

So you can see why my friend is feeling a bit put out?
The union rep suggested appealing once the warning has been given.

I understand that these details may sound incredulous but i have no reason to lie.

I suppose my question is, is the fact that the employers took no action against the employee with mental issues relevant to my friend's case/situation? Ie-, can he use it as grounds for appeal?

It may have been helpful if you had given this information in the opening thread, because in this case, the employer has in my opinion acted fairly by warning both employees.
As far as the other cases are concerned, everywhere that I have worked, "assault" on another employee would have resulted in instant dismissal.

Googlewhacker

prowla wrote: »

Sounds to me like they bumped the other guy up to his final warning and had to give your friend a warning too, for parity.

This I fully agree with, they are looking to get rid of the other person but have to show that they dealt with both staff members the same.

Your friend just needs to keep his head down as the other guy is most likely on his way out.

buel

Thank you.
Please can i ask one more question?
My friend reported his supervisor for swearing at him early in the month, nothing came of it but he was advised to put it in writing. It has been over two weeks. Is there still time to do it?

Savvy_Sue

buel wrote: »

Please could someone tell me is there a standard time for warnings to 'run out'/expire?

AIUI, normally yes, but what this time would be may vary from one company to another.

buel wrote: »

And once they expire, can they ever be included in any future disciplinary meetings?

Not AFAIK.

buel

Thank you.

Could anyone please help with the question regarding any time limit with my friend reporting his team leader?

Sambucus_Nigra

buel wrote: »

Thank you.

Could anyone please help with the question regarding any time limit with my friend reporting his team leader?

Did he actually make a grievance against him?

I suspect that it's this that may have promoted your friend's warning.

marybelle01

Sambucus_Nigra wrote: »

Did he actually make a grievance against him?

I suspect that it's this that may have promoted your friend's warning.

I agree. The warning is justified, but whether he would have got it if it hadn't been for this is another matter. I would suggest that "head down" is the best way to go. Move on. It may not be "fair" whatever that means, but it's certainly well advised.