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Breech of contract?????
Sugarbee1984
Posts: 14 Forumite
Hope someone can help me!
I was asked to attend a meeting at work at the back end of June to discuss my accuracy at work. During the meeting I put my hands up and said I would try to improve.
Over the next couple of weeks as far I was made aware my accuracy was improving. On the 8th of July I was issued a letter asking me to attend a invitation to performance review meeting which would be held on the 16th of July. This meeting was rearranged due to my employers other commitments and was held on the 18th of July instead.
During the meeting it was brought up that my accuracy had not improved at all and I was asked for my reply. I explained that I thought it had as I had no errors reported by either of my managers to myself. My manager explained that it had not improved in one area and i explained that if I had not been told how could I improve??? to this he agreed and ended the meeting.
I came in to work after my days of to find a letter to say I had attended a Disciplinary Hearing on the above date and that I would be Issued a written warning!
is this right???? I am appealing as I do not think think the correct procedure has been followed and have asked for training but am being denied it. I do not want to work for this company any more at all and wondered if they had breeched my contract with them for not following correct procedure?
Sorry for the long post and thanks in advance
Emma
I was asked to attend a meeting at work at the back end of June to discuss my accuracy at work. During the meeting I put my hands up and said I would try to improve.
Over the next couple of weeks as far I was made aware my accuracy was improving. On the 8th of July I was issued a letter asking me to attend a invitation to performance review meeting which would be held on the 16th of July. This meeting was rearranged due to my employers other commitments and was held on the 18th of July instead.
During the meeting it was brought up that my accuracy had not improved at all and I was asked for my reply. I explained that I thought it had as I had no errors reported by either of my managers to myself. My manager explained that it had not improved in one area and i explained that if I had not been told how could I improve??? to this he agreed and ended the meeting.
I came in to work after my days of to find a letter to say I had attended a Disciplinary Hearing on the above date and that I would be Issued a written warning!
is this right???? I am appealing as I do not think think the correct procedure has been followed and have asked for training but am being denied it. I do not want to work for this company any more at all and wondered if they had breeched my contract with them for not following correct procedure?
Sorry for the long post and thanks in advance
Emma
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Comments
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Sugarbee1984 wrote: »I came in to work after my days of to find a letter to say I had attended a Disciplinary Hearing on the above date and that I would be Issued a written warning!
is this right???? I am appealing as I do not think think the correct procedure has been followed and have asked for training but am being denied it. I do not want to work for this company any more at all and wondered if they had breeched my contract with them for not following correct procedure?
Sorry for the long post and thanks in advance
Emma
Were you notified that it was a disciplinary hearing (in writing), and were you offered the opportunity to bring a colleague / TU rep with you?
Does this company have a written policy / process for performance or conduct issues / disciplinary processes?
Have you appealed the outcome?
How long have you worked there (not that it applies to breach of contract, but may have a bearing on advice!)?
KiKi' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".0 -
Sugarbee1984 wrote: »Over the next couple of weeks as far I was made aware my accuracy was improving.
Were you told this, or did you assume? What was the time period between the first meeting and the letter? How long have you worked there?
I see no breach of contract.0 -
I've worked for the company officially for 10month previous to that I worked as agency.
The letter I received say:
Dear Emma,
RE: Invitation to performance review meeting
It does say that I can have a college or union rep with me and that
the out come of the meeting could result in disciplinary action being taken.
The companies policy is to be made aware of the poor performance or misconduct be be herd at a disciplinary hearing, to be accompanied and to appeal.
You can get a verbal, written, final written then dismissal.
As yet I have not had a verbal warning straight to written.
As for the comment re improvement the way the company works is that I type a quote or order confirmation using the company system and then it is check by the owner of the business or his son they then tick the quote or order confirmation to say if it is correct. The quotes all came back with tick as did the order confirmations and was not told of any errors made. In the meeting I was told that it had been easier for the bosses son to change the inaccuracy rather then informing me so that I could sort them.
hope this makes sense :S
Emma0 -
mynameistallulah wrote: »I see no breach of contract.
It could potentially be if they didn't follow the right procedures for issuing the warning, and if the disciplinary procedure is contractual.
But I agree that on what's posted here it doesn't seem like it at the moment - not enough detail!Sugarbee1984 wrote: »I've worked for the company officially for 10month previous to that I worked as agency.
The letter I received say:
Dear Emma,
RE: Invitation to performance review meeting
It does say that I can have a college or union rep with me and that
the out come of the meeting could result in disciplinary action being taken.
The companies policy is to be made aware of the poor performance or misconduct be be herd at a disciplinary hearing, to be accompanied and to appeal.
You can get a verbal, written, final written then dismissal.
As yet I have not had a verbal warning straight to written.
As for the comment re improvement the way the company works is that I type a quote or order confirmation using the company system and then it is check by the owner of the business or his son they then tick the quote or order confirmation to say if it is correct. The quotes all came back with tick as did the order confirmations and was not told of any errors made. In the meeting I was told that it had been easier for the bosses son to change the inaccuracy rather then informing me so that I could sort them.
hope this makes sense :S
Emma
The letter invites you to a disciplinary and allows representation. Whilst you may not agree with the outcome, what contractual procedure do you think they've not followed which would constitute breach of contract? Your first post implied you didn't know it was a disciplinary until after the event.
Have you appealed the outcome?
As you have only 10 months service, if you kick up a fuss they may well just find a way to dismiss you if it seems you're going to cause a problem for them, so bear that in mind.
KiKi' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".0 -
As you have only 10 months service, if you kick up a fuss they may well just find a way to dismiss you if it seems you're going to cause a problem for them, so bear that in mind.
This ^^^^
They could just as easily have sacked you giving notice for failure to perform, which is what happens to pretty much everyone else who posts in similar situations to you. They didn't have to hold a disciplinary even - at 10 months it's just "sorry, it isn't working out, you'll be paid your weeks notice, goodbye". Instead they are are applying fair processes and procedures which would often only be seen in cases where the 12 months has already passed. So I would suggest that you might be thankful for having a fair employer who is trying to address your performance, rather than throwing you straight out of the door as many would.
However, that isn't the point really is it? Because I did notice the sentence that everyone else has apparantly skimmed over. You have no wish to continue to work there and are looking for a legal claim to walk away with some cash now. Breach of contract - even if the contract had been breached, and agree with everyone else that there is no evidence of it - does not result in megabucks claims. You have to prove contractual loss, so it is generally reserved for things like failure to pay notice pay. If you are looking for a payout, a lottery ticket would be more likely to get you one. Otherwise, if you don't want to work there, resign.0 -
How is the letter inviting me to a disciplinary hearing??? as it says Invitation to performance review?????? How is this a disciplinary hearing????
Can I point out I can looking for a way out for working for this company I do not wish to take them to court!!!
The disciplinary procedure is part of our contract.
I have appealed the outcome. I was total unaware I had been invited to a disciplinary hearing as I've said was in invited to Invitation to performance review. It was only after when I received a letter telling me it was a disciplinary hearing that I was aware of this.0 -
Sugarbee1984 wrote: »How is the letter inviting me to a disciplinary hearing??? as it says Invitation to performance review?????? How is this a disciplinary hearing????
Can I point out I can looking for a way out for working for this company I do not wish to take them to court!!!
The disciplinary procedure is part of our contract.
I have appealed the outcome. I was total unaware I had been invited to a disciplinary hearing as I've said was in invited to Invitation to performance review. It was only after when I received a letter telling me it was a disciplinary hearing that I was aware of this.
The two are the same thing in essence - a performance review is a warning that your perfromance is unacceptable. The letter told you very clearly that a disciplinary warning could be the outcome.
If you are looking for a way out of working for this company, then as I suggested, the quickest and easiest route would be to resign.0 -
The letter stated that disciplinary action could be taken.
Would this not mean they would have to invite me to a hearing as per my contract and discuss the issue at the hearing??
not just after the performance review??0 -
Sugarbee1984 wrote: »The letter stated that disciplinary action could be taken.
Would this not mean they would have to invite me to a hearing as per my contract and discuss the issue at the hearing??
not just after the performance review??
No it doesn't have to be a separate disciplinary meeting. Everywhere I have worked it is the same thing. Provided they warn you that the outcome could include disciplinary action (a warning, for example) and you are allowed the right to be represented. Disciplinary action is not the same thing as a disciplinary meeting - disciplinary action is a warning etc.0 -
Is quality of work a disciplinary matter?0
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