Probation and warning letters

Hollykitty

I have Recieved a warning letter from work for an incident. I have not been invited for or had an interview in relation to the incident. I had an email asking me to confirm what someone else has said in relation to the incident during her interview as she was involved.
Upon looking into it I have found out I have never come out of probation period as in my contract it states I will be under probation period until I've had a formal review and being confirmed in the post in writing. It also states disciplinary procedure does not apply during probationary period.
The warning letter states it will be on my record and any further incidents can lead to dismissal.
Where do I stand?!

Takeaway_Addict

If you have not worked there for 2 years then there is little you can do unless you feel they are breaking a statutory right or being discriminated against based on sex, gender, race etc.

Hollykitty

I have been there for about 8 months nkw. My understanding was as I am not out of probation and disciplinary procedures don't apply they cannot issue that letter? They should have discussed with me and let me have a chance to get my story across then looked at the most appropriate action.
Besides that I thought you must have a meeting regarding incidents and should get written warnings first? This is the first I've heard of them looking at my part in the incident.
This warning will be on my permanent file but I don't believe it stands? The other person involved has only got a letter of concern after she has had an interview meeting.

I understand it is quite hard understand as it is so vague, however bi work within a care company and obviously confidentiality comes into play. There was no abuse involved.

sangie595

"Disciplinary procedures don't apply" means you go straight to jail, do not pass go and do not pick up £200. They can issue what they like. The meaning of what they say is that they can discipline you without any procedures. You have no right to a hearing or a defence. So yes, the warning stands.

It's moot really - they can get rid of you for almost any reason for two years anyway.

Hollykitty

Surely everyone had a right to defence? This warning is far to severe for the incident and completely unfair! I was not the person who should be warned for this and the person who should be has not been.

I understand they can get rid of me for any reason however issuing me with a warning which stays in my file could impact future jobs for something I haven't done?!

jobbingmusician

Once you have passed your probationary period, you should get a permanent contract. Disciplinary warnings should NOT stay on your file forever. I understand that you are not subject to the co's disciplinary policy at present, however once you have passed probation you will be. The sample policy issued by ACAS includes this.

A first or final written warning should set out the nature of the misconduct or poor performance and the change in behaviour or improvement in
performance required (with timescale). The employee should be told
how long the warning will remain current. The employee should be
informed of the consequences of further misconduct, or failure to improve
performance, within the set period following a final warning. For instance
that it may result in dismissal or some other contractual penalty such as
demotion or loss of seniority.

sangie595

jobbingmusician wrote: »

Once you have passed your probationary period, you should get a permanent contract. Disciplinary warnings should NOT stay on your file forever. I understand that you are not subject to the co's disciplinary policy at present, however once you have passed probation you will be. The sample policy issued by ACAS includes this.

A first or final written warning should set out the nature of the misconduct or poor performance and the change in behaviour or improvement in
performance required (with timescale). The employee should be told
how long the warning will remain current. The employee should be
informed of the consequences of further misconduct, or failure to improve
performance, within the set period following a final warning. For instance
that it may result in dismissal or some other contractual penalty such as
demotion or loss of seniority.

That said, unless your disciplinary policy is contractual, which few are, you still have no comeback for an employer failing to abide by one until you have two years employment, except in certain defined categories such as discrimination or asserting statutory rights. You cannot claim unfair dismissal until you have two years service. Even if it is contractual, the best you can do is claim breach of contract, and that probably wouldn't be worth the legal fees - it is limited to actual losses such a failure to give notice.

w00519772

Hollykitty wrote: »

This warning is far to severe for the incident and completely unfair! !

Your employer obviously does not agree. Personally if I was you then, I would concentrate on improving my performance/working relationships rather than finding ways to challenge what was said. You may make yourself deemed a troublemaker and if this happens then who knows what will happen. As others have said you have hardly any rights for the first two years. I am no expert, just my opinion.

sangie595

w00519772 wrote: »

You may make yourself deemed a troublemaker and if this happens then who knows what will happen. As others have said you have hardly any rights for the first two years. I am no expert, just my opinion.

Unfortunately that is the polite way of putting it. Most of us actually know exactly what will happen - you will be dismissed before you ever get to two years.

If you can't accept the way your employer acts (and I am not suggesting you should) then there is only one option - get another job because they aren't likely to get any better in the future.