Guidelines on informal meetings and invoking disciplinary procedure??

Going4TheDream
Going4TheDream Posts: 1,258 Forumite
Part of the Furniture Combo Breaker
edited 4 January 2013 at 7:27PM in Employment, jobseeking & training
Hope someone can advise please?

A colleague called me today from a different location to say that they had just had been called in for an informal chat about a small problem at work.

After the chat they were handed a document and asked to sign it in recognition of the fact the informal chat had taken place and were informed that the details of the informal chat along with the letter would be placed on their HR file

They havent signed the letter as they are unsure if this is correct process.

When I have had to have an informal chat with one of my team, it is informal, I explain the concern, ask for their feedback, explain the expected improvement and then will drop them an email to confirm the conversation, with a quick line included to say that the next step would be to invoke the disciplinary procedure if it happened again or there was no improvement but am confident after our chat that wont be necessary... (or along that lines), this acts as a record should anything need to go further but it is never goes to HR

The question is

Are they obligated to sign this letter which seems quite formal

Is the informal chat allowed to be recorded on their personnel file - my understanding is that it wasnt
Dont wait for your boat to come in 'Swim out and meet the bloody thing' ;)

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,165 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have had to record a first verbal warning, in writing, on a personnel file - otherwise you don't know they've had the first warning. So I don't think this is necessarily wrong, but will await other responses!
    Signature removed for peace of mind
  • Going4TheDream
    Going4TheDream Posts: 1,258 Forumite
    Part of the Furniture Combo Breaker
    edited 4 January 2013 at 11:26PM
    thanks, I understand a verbal warning being on file as it would form part of the disciplinary process, and all that entails,

    My query really relates to whether details of the informal chat are allowed to filed in the HR files, as essentially ' the informal part' falls outside of the disciplinary policy. It seems to be a grey area??
    Dont wait for your boat to come in 'Swim out and meet the bloody thing' ;)
  • what does the staff handbook say about disciplinary procedures ?
  • thanks, I understand a verbal warning being on file as it would form part of the disciplinary process, and all that entails,

    My query really relates to whether details of the informal chat are allowed to filed in the HR files, as essentially ' the informal part' falls outside of the disciplinary policy. It seems to be a grey area??

    Just because it is informal doesn't mean it can't be recorded.

    It's just a note on the file. If the current manager leaves, then the next manager can see what has happened. It's good practice to record this sort of thing.

    To be honest, it doesn't matter if it's signed or not. It will still be on the file.
    If you haven't got it - please don't flaunt it. TIA.
  • Going4TheDream
    Going4TheDream Posts: 1,258 Forumite
    Part of the Furniture Combo Breaker
    edited 5 January 2013 at 12:42AM
    Just because it is informal doesn't mean it can't be recorded.

    It's just a note on the file. If the current manager leaves, then the next manager can see what has happened. It's good practice to record this sort of thing.

    To be honest, it doesn't matter if it's signed or not. It will still be on the file.

    Thanks, my only query about that is that with any formal disciplinary action taken it would stay on file for a set period and then expire.

    How long would it be reasonable for a non formal chat be expected reasonably to stay on 'file' for the purpose of invoking any further action? sorry to be pedantic but I think this is my colleagues concern. If they were to have received a verbal warning for example and this expired in say 6 months it would be finished after that time, this ' we have had an informal chat thing' could effectively stay on the employees record for ever?
    Dont wait for your boat to come in 'Swim out and meet the bloody thing' ;)
  • Thanks, my only query about that is that with any formal disciplinary action taken it would stay on file for a set period and then expire.

    How long would it be reasonable for a non formal chat be expected reasonably to stay on 'file' for the purpose of invoking any further action? sorry to be pedantic but I think this is my colleagues concern. If they were to have received a verbal warning for example and this expired in say 6 months it would be finished after that time, this ' we have had an informal chat thing could effectively stay on the employees record for ever?

    No warnings ever actually expire. They will always be on record. What happens is that if you have to go through the disciplinary again within the 6 months, it can go a notch higher sooner. But they will always be 'on record'.

    It's a note on the file. It will be there whether she signs it or not.
    If you haven't got it - please don't flaunt it. TIA.
  • Thanks, my only query about that is that with any formal disciplinary action taken it would stay on file for a set period and then expire.

    How long would it be reasonable for a non formal chat be expected reasonably to stay on 'file' for the purpose of invoking any further action? sorry to be pedantic but I think this is my colleagues concern. If they were to have received a verbal warning for example and this expired in say 6 months it would be finished after that time, this ' we have had an informal chat thing' could effectively stay on the employees record for ever?

    As its not a formal warning and is effectively the step before the formal warnings I would guess that there would be little the employee could do if it is brought up 2 months or 2 years later
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • AP007
    AP007 Posts: 7,109 Forumite
    No warnings ever actually expire. They will always be on record. What happens is that if you have to go through the disciplinary again within the 6 months, it can go a notch higher sooner. But they will always be 'on record'.

    It's a note on the file. It will be there whether she signs it or not.
    A friend of mine had one and it expired after 12 months and was taken off her record.
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • AP007 wrote: »
    A friend of mine had one and it expired after 12 months and was taken off her record.

    I'm sure that's what they told her. What that means is they won't use it for further disciplinaries. But it will still be in existence on her file as a record. They don't take it out and shred it.
    If you haven't got it - please don't flaunt it. TIA.
  • antonic
    antonic Posts: 1,978 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I have had a 12 month written warning in the past and was told that it would be disregarded AFTER the 12 months BUT if I got another warning during the 12 months it would be relevant to any disciplinary measures that may be taken.

    Like SN says, I am convinced that its still there in my personal file as a matter of record BUT it cant be used against me now as it has now expired.

    Dont worry about it, its a matter of fact and there is nothing that worrying about it will change the facts.
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