Final Written Warning Questions

LegalSec

1. The final written warning states that an appeal canbe lodged within 5 working days. If anappeal is lodged does the employer have the power to reconsider its original decisionand dismiss the employee?
2. The final written warning states it is formisconduct. Does the final written warningtherefore only relate to misconduct issues and if, for example, the employeehad time keeping issues the employers could only give a verbalwarning for that disciplinary matter?

Any help would be appreciated.

MissSarah1972

A final written warning can be given for anything.

Parva

It must be pretty serious for an employer to go straight to final written warning. Certainly in my day it was 2 verbals and then a final written. Care to elaborate further as to why this has become a final written warning so quickly?

LegalSec

It must be pretty serious for an employer to go straight to final written warning. Certainly in my day it was 2 verbals and then a final written. Care to elaborate further as to why this has become a final written warning so quickly?

Thanks for the reply.

I work for a law firm as a secretary and one of the clients alleged I was rude and told her to f*** off. I admitted that I was rather short with her on the phone but denied swearing. I have received a final written warning for misconduct which I consider to be totally unfair.

I am worried that if I do anything wrong now (typing mistakes, 5 mins late) then it will trigger my dismissal but hope someone will confirm they cannot do that. Also, if I appeal I need to be sure that they cannot reconsider the disciplinary decision and decide to dismiss me.

DKLS

I read your first thread, and after reading the follow up, I think the best advice is get your head down and focus on your job, don't moan to anyone at the solicitors, don't make errors, and don't be late and if you want to leave start looking at the end of January when the job market will pick up.

dizzyrascal

My only worry for the OP is will she still have to deal with this client and if so how will she be able to manage her. If the client wanted the OP sacked then the company may have tried to compromise with a FWW but what happens if this client still wants to pursue it? Or wants to continue to make life difficult for the OP?
Is there someone that you can talk to about this within the company who can support you? You might need back up
You say that you did not swear at the client but in the end the company did not support you. What's to stop her making further allegations to get you sacked?
Just trying to put across a view from someone who has had to deal with difficult and demanding people in the past.

heretolearn_2

1. don't know, but you can't really appeal just because you don't agree with their decision. you need some grounds like procedures not being followed, or new evidence.
2. It doesn't matter what any future disciplinaries are for - you can be dismissed next time.

Enterprise_1701C

Are you in an office with other people. If you are on the phone to this client again I would put her/him on hold for a couple of minutes and get someone to witness your conversation to protect yourself.

FBaby

Usually, the role of an appeal is to consider that the initial disciplinary was conducted fairly rather than review the actual decision, but you would need to look at your organisation policy. I would think it very unlikely it would go the other way, however, considering you still have a job, I think you would be better keeping your head low and showing you are accepting it and getting on with your work having learnt a lesson (even if you think there were no lessons to be learnt).

In regards to whether there are likely to find reasons to discipline you again and sack you, I would have thought that if they'd wanted to do that, they would have done it now rather than wait for another opportunity. If you decide to take it on the chin, inevitably they will be less incline to look at reasons to discipline you again than if you decide to appeal.

It's your judgement call, but in the end, I think you will be safer to move on and insure you do your job as best as you can. Whether it should have been a verbal warning or a second written one, you still acted inapropriately, so it is a lesson learnt.

Evilm

Whatever the next disciplinary is for can be used to sack you. It doesn't have to be to do with the same thing. They could indeed bring you up for Timekeeping and use that as the last straw.

MrsStresshead_2

DKLS wrote: »

I read your first thread, and after reading the follow up, I think the best advice is get your head down and focus on your job, don't moan to anyone at the solicitors, don't make errors, and don't be late and if you want to leave start looking at the end of January when the job market will pick up.

This is excellent advice - and I will be following it.... haven't had a written warning but have had enough of having a very (most often unnecessarily) picky boss. Picking at the little things ALL the times just gets you down, and if the job market will pick up end of Jan, I'll be there.....