ACAS code and Final written warning

rom602

Hi All,

I have a question about disciplinary process .

My boss daughter  shouting at me at work again and I decided to  report this to my boss by txt message after my work. The problem reported by text massage  was relating to verbal abuse/shouting at me by at work again. This happened before many times and puts me under extreme pressure at work and at home. This time I decided to do something with this incidents and simply send text massage to my boss asking to discussed this issue with his daughter .Unfortunately this backfired on me. I just wanted to finish on time as per my rota but she fallows me to the changing room and starts shouting and rising hands telling me that I have to stay.

I asked in this text massage for informal meeting to resolve this problem(one of the massages stating that if I don't report bed treatment to 1300 next day that's mean that there was no bad treatment ) . Next day during this meeting I was told that I will get final written warning. Two days later I received email with final written warning.   This warning is based on fact that I left work( as per my rota sent to me by email on in advance ) and by doing this I have breached implied terms of employment. I am not aware of any implied conditions relating to my employment and there is nothing about this in my contract .My employment contract mention nothing about implied terms and nothing regarding finish times was agreed with me verbally .
In the past three years when I was asked to stay longer at work I agree or not and never have any problems.

On that day my workplace was not busy, there was no lack of resources. All employees on rota came to work.
There was no work in progress on my work station and nothing to handover to my replacement . Leaving at my set time that day as per rota would not bring company into financial/logistics problems or disreputation. This final warning do not explain or clarify situation reported by my and only punished me for finish my work on time.

There was no investigation meeting and no written or verbal invitation to this meeting.
There was no disciplinary hearing and no written or verbal invitation to the disciplinary hearing .

There was no investigation relating to the problem reported by me.

I was told is to late to report bad treatment.

I appealed against this decision and this time there was an invitation and the meeting happened  but still I waiting for response.

I just looking for the answer if this is correct process because I believe  is not.  I believe that I received final written warning for reporting problems with boss daughter and the problem reported by me was swept under the carpet and never investigated  .

 

AskAsk

i find your post not to be clear.  so they have given you notice that you will be sacked because you left before you are supposed to?  and why was she shouting at you?  what were the circumstance when she shouted at you?

rom602

hi,

im still working there. She wants me to stay longer but I was unable to stay. I left work on time as per my rota and this was reason for shouting.

There was no disciplinary meeting or hearing. I just received final written warning for leaving my work on time and the problem reported by me was never investigated  

KatrinaWaves

Look for a new job. Your boss is never going to take your side over his daughters. Escape, quickly. 

rom602

I know, but the question is if he can do this ?He have to fallow acas code during disciplinary I believe.

AskAsk

here is a link that may help
https://www.braybray.co.uk/what-does-receiving-a-final-written-warning-mean/

Marcon

rom602 said:

I know, but the question is if he can do this ?He have to fallow acas code during disciplinary I believe.

ACAS codes are advisory, not mandatory. How long have you been employed by this outfit?

rom602

three years

Undervalued

Marcon said:

rom602 said:

I know, but the question is if he can do this ?He have to fallow acas code during disciplinary I believe.

ACAS codes are advisory, not mandatory. How long have you been employed by this outfit?

Indeed. The days of statutory procedures that had to be followed to the letter are long gone.

That said they are still required to make a reasonable attempt at conducting a fair process and following the ACAS GUIDELINES is a safe way (but not the only way) of doing that. It sounds as though they have fallen well short!

However, given the setup you describe, you will have a long uphill battle for limited compensation at the very best and still no job or reference.

TBagpuss

They do not have to follow the ACAS guidelines, they are just Guidelines. However. if they don't follow them, they may, if you ended up taking them to a tribunal, find it harder to satisfy the tribunal that they followed a fair and reasonable process .
This is true both if they sack you and in relation to how they handled your grievance.

Does the organisation have any kind of formal disciplinary process or grievance process? If so, read it and see hat it says about how they will deal with either.

You can make a formal complaint - specify that you are raising a grievance and include the fact both that you were subjected to verbal abuse , that your original grievance was not investigated or addressed and that you were then subjected to a disciplinary in what appeared to be an act of retaliation for having raised your original concerns about verbal abuse. Put this inn writing, requesting that it be treated as a formal grievance and ask them to let you know what their grievance process is and what the timescale for addressing it is. However, they have already shown that they may ignore any complaints ad may retaliate, so decide whether you want to risk that now or whether you want to focus on looking for a better job elsewhere. If you do submit a formal grievance and they sack you as a result, you may be able to take it further but there is no guarantee that you would succeed, and from a financial position you may do better to keep your head down, and get out as soon as you can, rather than risk losing your job. \That is not fair, but it it may be the best option from a practical position.

If you do decide to go down the route of a formal grievance, document - makes notes of who says what, and when, and keep them safely. Keep copies f anything you send to your employer and anything they send to you.

gwynlas

Are you a member of a union, if not why not?
They could be advising and representing you.