in Employment, jobseeking & training
10 replies 627 views
I have been subject to a disciplinary hearing and two points were upheld. One that a colleague said that I was hostile but I disputed this and I have now made a counter complaint that they were hostile to me on this and other occasions. The other being that I called a colleague lazy to our manager but I later apologised for this remark and said that I should have that they don’t work as hard as the rest of us. I did not make this remark to the colleague. I now have a written warning, is this worth challenging? Many thanks
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On a side note, I am rather surprised that a manager bothered to discipline your for the "lazy" comment rather than doing what I have just done - tell you to mind your own work and your own business. Which would make me wonder if there is more that them using this than meets the eye. Perhaps they see you as a trouble maker / gossip . problem and you handed them a good excuse to be able to act. I would suggest that you look to your own conduct and business, and not that of others, because the manager may not be distraught if they had to let you go.
In a work disciplinary situation the employer only needs to make a layman's attempt at conducting a fair process and form a "reasonable belief" that the misconduct took place. It is not a court of law.
I guess it does depend on workplace culture, but based on what appear to be rather insignificant issues that could easily be dealt with by far less than a written warning, in the OP's shoes I would be looking to stay well off their radar, because I still think this is overkill unless they have it in for the OP. As a manager I have occasionally heard the "XXX is lazy/ not working" or whatever, and my response has always been to say that I will deal with employee performance and they don't need to concern themselves with it. I can't imagine even thinking about disciplining someone for such a comment. And I can't see many managers who would. Most of us have better things to do than discipline people for such small potatoes.
Your employer is relying strictly on hearsay. He said, she said. Somebody has to prove something positively before you can be warned.
It doesn't seem to me, from what you say, that you have been treated fairly and if you do just get some advice from acas you may be able to nip this matter in the bud before it escalates and you are being shoved out of the door. Worth a try, anyway.
I'm guessing you don't have a union? If you did that would be another place to get advice.
Yes, I definitely would challenge the written warning because you say " it has been advised in the written report that I make my own complaint due to the information shared" and also, your employer appears to have issued it on the flimsiest of hearsay evidence.
Also, did your employee follow the correct procedures, as advised by acas in the following link?
And no, somebody does not have "to prove something positively" An employer needs a "reasonable belief", that is all.
Still, there is at least one bit in all your posts that is correct.....
In the signature line at the bottom "Remember, don't rely on what you are reading. Verify it and protect yourself."