apparent ''final written warning''

MummyHol

Hi

I hope someone can help- i'm writing this on my OH's behalf.

He recently read an email he wasn't supposed to see (genuinely by accident while looking for something else) from his HR dept to his area manager. (he is a branch manager). It was with reference to a complaint made against him by a colleage in another branch about allegedly 'stealing customers away' which is case of crossed wires.
The email stated 'as he [OH] has already had a written warning, you will have to give him his final written warning'.
This is causing my OH a great deal of stress:
1- he has never received a written warning
2- the reason he ''should'' be receiving this final written warning is inaccuarate and has not been investigated properly
3- he cannot approach his area manager about this as he isn't supposed to have seen the email
4- when he asked his area manager if he had heard back about the complaint against him, his manager said 'no, i think it has all blown over'

Does anyone know how my OH can deal with this, or who he can speak to if a final written warning is persued?

Thanks MH

whiteroom184

Is your OH part of a union or is his employer affiliated with a union? what industry is he in, if he's retail has he tried contacting the retail trust for advice?

Zazen999

Hi
He really can't do anything until anything is pursued.

However, he can join a union and be prepared. You could also have a look at your insurance; and add in legal protection - for the £20 or so it costs it could be worth it.

Personally; I would spend my time quietly gathering evidence to prove the inaccuracy of the complaint; bring it up at his next review so that it can be put to bed - and leave it there.

His manager sounds weak; he should either deal with it or drop it; so your OH preparing himself in case it hasn't been dropped would be the best course of action; as he hasn't seen any email of course!

whiteroom184

hi

i think zaren999 statement of joining a union now before action is taken is best, i also agree on gathering whatever info possible no matter how small.

this is a very difficult position for your OH and he really needs to decide is it game over with this employer or can it be mended, it is ugly but everyone has to face it!!

CFC

Prepare for the worst and hope for the best ie Zazen's advice is sound.

Now stop worrying for the following reasons:

a) if he had ever had a written warning, he would indeed have received the warning in a letter, and the company would be able to produce the notes from the disciplinary hearing. From what you say, they can't do that; therefore it appears that HR dept have got their facts wrong (oooh well I never arf arf, but before I die chortling at this 'unusual' circumstance I will point out that many HR depts are wildly undermanned)

b) The area manager says he thinks it has blown over. The HR department in any normal business is there to advise, and cannot direct a line manager to take a staff member to disciplinary proceedings except in quite unusual circumstances; and in those circumstances the normal procedure would be to speak to a more senior manager and spell out the risk to the business if no action was taken. It therefore seems likely to me that the area manager has decided that no further action will be taken.

c) If the very worst happened, and your OH was indeed taken to disciplinary and issued with a final written warning, he would immediately shoot in a grievance about unfairly harsh treatment. He would ask why he had gone from no warnings at all to the highest level of warning when there was no assumption of serious misconduct. (You can tell the company, even the HR dept, do not believe this is serious misconduct, as they are considering only escalating it one level from a written to a final written warning). At that point of appeal the fact that he didn't in fact already have a disciplinary record would come out and your OH would in all probability win his appeal.

d)If the worstest happened and the company ignored c) or he lost his appeal, and then your OH had another disciplinary in future which led to his termination (escalting one step further through the disciplinary process), he would then most likely have grounds to go to an employment tribunal and the company would be in difficulties, being as the company didn't act on c)

If all this is a bit technical and you have no idea what I am drivelling on about, just take it that it will almost certainly be alright in the end and don't let it eat at you for days on end.

Bismarck

Previous posters are right.

There are holes all over this.

OH needs to "forget" he saw the email as the firm has made a real hash of things.

If they try and push through to a final written warning from nowhere they're in the wrong as their audit trail is in tatters and any subsequent tribunal would show this.

However, I would take care with everything and make sure you've got proper safeguards in place where you can : join union, get legal protection & bolster savings etc just in case. OH may want to leave anyway as the atmosphere can't be good.

take care

MummyHol

Thank you all- your information has been very helpful.

He's not part of a union. I don't think his job is in retail either- its a tool hire shop, do they have a union for those?

Unfortunately, there isn't any evidence in regards to the issue raised. Basically, the manager of a close branch left the company and a few of his customers made it clear that they would take their business elsewhere because of this, so the manager asked OH to give them a call and reassure them that the company would still give them the best service and that OH would do his best to sort out anything he could for them if the new staff at the other store couldn't. The senior sales that went to run the other store heard about this from one if the customers and accused OH of tryig to steal them away. All OH was trying to do was insure they didn't go to the companies competetors. The senior sales hasn't dropped the fact- getting his area manager to have words with OH's area manager and demanding OH is repremanded. So there isn't a scrap of evidence for or against my OH. I think thats why he's so annoyed that HR have thought a final written warning the only option. I hope this makes sense.

I think it'll be best if he joins a union (if there is one for him), we get legal cover on our contents? insurance and he just forgets about it until (if) he hears anything else.

ceridwen

Just my two-pennorth for what its worth....I am wondering personally if he was "set-up" to find that email "by accident". Reason - to put the frighteners on him in the hope that he would resign. But - in actual fact the employer has no legal leg to stand on - hence a try-on with doing an attack of "frighteners".

I really do wonder whether your O.H. was deliberately sent to look for whatever in a place where he couldnt help but "accidentally" stumble over this email.

Employers do have quite a tendency to do the whole "put the frighteners on" an employee they dont want for one reason or another - when they know they dont actually have anything "concrete" they can do against them.

Zazen999

ceridwen wrote: »

Just my two-pennorth for what its worth....I am wondering personally if he was "set-up" to find that email "by accident". Reason - to put the frighteners on him in the hope that he would resign. But - in actual fact the employer has no legal leg to stand on - hence a try-on with doing an attack of "frighteners".

I really do wonder whether your O.H. was deliberately sent to look for whatever in a place where he couldnt help but "accidentally" stumble over this email.

Employers do have quite a tendency to do the whole "put the frighteners on" an employee they dont want for one reason or another - when they know they dont actually have anything "concrete" they can do against them.

Good point; even more reason to keep quiet - mess with this manager's mind and don't play their games...and keep dignity at all times in the face of potentially subversive treatment.

123oleary

just a quick point about the unions- the two that i've been in dont represent for events/offences that occurrred before you joined them

zzzLazyDaisy

123oleary wrote: »

just a quick point about the unions- the two that i've been in dont represent for events/offences that occurrred before you joined them

All unions say that, but in reality most will represent, even if the person joins the union after they have received formal notice of disciplinary proceedings. The reality is that OP's OH doesn't actually *know* about this - he has seen an e-mail destined for someone else, but who is going to tell the union that? It may all blow over and come to nothing but joining a union now would be a good move IMHO

[I'm a retired employment lawyer, the above comments are for information only and don't constitute legal advice]