I was wondering if anyone knows if there are laws in place governing how an employer goes about a disciplinary procedure? Last week i was given a written warning from my manager for something which i consider very trivial and in some cases untrue. My supervisor knew this was going to happen but i received no…
If you are in the uk…
If an employer is considering dismissal, they must follow the statutory dismissal procedure. It comes in three parts: a written statement of what the employee is alleged to have done, a meeting to discuss the situation, and the right of appeal. If this procedure isn’t followed, an employment tribunal may judge the dismissal ‘automatically unfair’.
It sounds like you are in the UK – so an employer must follow the 3 step rule for disciplinaries and failure to do so may result in the disciplinary being ruled as unfair. See the link below for more detailed information, but basically
1. The employer must give you a written statement detailing what the hearing is for, as well as details of when the hearing will be. The date of the hearing must allow reasonable time for you to think about the written statement. The written statement should also confirm that you are entitled to have someone attend the meeting with you.
2. The hearing should be carried out fairly and the person conducting it should have investigated the reason for the hearing properly. An employee should not be told during the hearing the outcome, as the employer should consider fully the employee’s responses and, if necessary carry out further investigations, before deciding.
3. The appeal.
I would write to your manager and copy your HR department appealing the decision as you do not feel that the hearing was conducted fairly. May be worth contacting ACAS beforehand to get their opinion on it too – Monday – Friday 08:00 – 18:00 – 08457 47 47 47.
Laws differ depending on where you work, as you can see from the other answers. However, you mention that in some cases what is being said is untrue. If you feel this is the case, get your facts in order and contact an attorney in your area that specializes in labor law. Facts include your handbook, any employment documents that you signed regarding your job and responsibilities, a job description, and if possible statements from your coworkers (written or verbal) who can corroborate your story. Many times if everyone is doing something that you are being singled out for, then there is more to the story regarding your situation, the company isn’t being clear about it’s expectations or both.
Each state has different laws regarding warnings, disciplinary actions and termination. It depends on the law of your particular state.
It sounds as if they may be preparing to terminate your employment and are just setting the legal groundwork in place.
In my particular state it’s best to issue a written warning prior to firing someone as the person will have thus been notified in writing that his/her services are not up to standard and must improve. Then, if they don’t, it’s easier to fire them and win any hearing that may result from that firing.
If I were you, and I wasn’t fired, I’d try to improve my situation until I could leave of my own accord on good terms which would secure a better recommendation.
There is no law. Employer can make their own policy. You supervisor did not have to tell you, and by company policy might not have been able to tell you. A written warring is a big thing in terms of keeping your job. After two written warring’s, no matter what they were for, a company could fire you and it would be upheld to be legal. They may be singling you out but in terms of being legal they are covering them selves. Take the warring’s seriously and do not give them a reason to giver you another one. I would honestly start brushing up my resume you just might need it.
No laws for disciplinary procedures — it’s strictly up to the company to set policy.
In the US there is no one way to do it, it depends on company policy and each policy is different. Sounds like they are getting ready to fire you and are going to use the written warring’s to legally get rid of you. It does not matter of you find them trivial the company does not.
Document everything. Contact an employment attorney.
There is no law on this, and employer can do as they wish.