Appealing a Verbal Warning

justagimmick

Hi all,

Had a formal meeting today regarding my level of absence. While I am not questioning the reason for the meeting - I have had a lot of health issues recently and recently had an op to try and prevent further instances - I am annoyed at the outcome!

I was told that I was being issued a verbal warning this time, due to a prior meeting that happened two years ago. The thing that struck me, and I mentioned it at the time, was that in the meeting two years ago I was put under review for three months with no further action if I managed to keep my sickness level down which I did during the review period and for some time after.

Surely no further action should mean that they are no able to take that instance into account two years on? I have a 'record' for the next 6 months now, can't be sick and they are also aware that (as I am in my final year of uni) I am likely to be job hunting soon due to lack of opportunities in my current role.

I am thinking of appealing to my line managers manager (I have 21 days to do so) on these grounds, but it is worth it? Do I actually have a case? I've never had to do anything like this before.

Thanks in advance!

Sambucus_Nigra

Can you clarify whether they in fact have used past days in the calculation that triggered the meeting/warning?

justagimmick

They haven't used past days, they used a previous formal meeting (that had a no further action outcome) to base this current out come of a verbal warning on. Does that help?

Sambucus_Nigra

Are you saying that if you hadn't had the previous outcome, you would have had a different result [ie not a verbal warning]?

justagimmick

It certainly was phrased that way in the meeting.

Sambucus_Nigra

When you said 'but i thought no further action meant just that' - what did they say?

justagimmick

It was along the lines 'in light of your bradford score we are taking this action [verbal warning]'

ohreally

justagimmick wrote: »

It was along the lines 'in light of your bradford score we are taking this action [verbal warning]'

The sanction of a verbal warning is a disciplinary outcome and as such, to reach that, a hearing should be convened giving you the oppertunity to test managements case and put your own position to them.

Did they simply instruct you to attend a meeting and tell you you're getting a verbal warning?

justagimmick

My meeting consisted of discussing what was going on, then they sent me out of the room and discussed what action to take before calling me back in. The meeting was all recorded on to CD.

I received a letter while I was still off sick from me operation stating the time and date of the meeting, saying I could bring a colleague or a union rep with me.

The reason I'm asking about this, is because the last instance of a formal review ended in no further action...how can they take it in to account for this action?

Sambucus_Nigra

justagimmick wrote: »

My meeting consisted of discussing what was going on, then they sent me out of the room and discussed what action to take before calling me back in. The meeting was all recorded on to CD.

I received a letter while I was still off sick from me operation stating the time and date of the meeting, saying I could bring a colleague or a union rep with me.

The reason I'm asking about this, is because the last instance of a formal review ended in no further action...how can they take it in to account for this action?

And I'm asking, how have they taken it into account? If you have scored X on the Bradford scale, on days since the last review - then that isn't taking that into account.

justagimmick

If you have scored X on the Bradford scale, on days since the last review - then that isn't taking that into account.

Ok, I appreciate that point. The fact that they brought up a previous review to explain their decision seems to me that they are taking it into account. Additionally, as the majority of my sickness has been certificated by a doctor and of the 35 days I've had off in the last 12 months, 4 of those are non-cert how can they discipline me for a doctors decision deeming me unfit?