Is a Final Written warning justified?
Discussion
When he took it home, did he use it over the weekend for personal use? Do donuts in the local carpark?
Was it one night only (from 9pm until the start of the next day) or a weekend?
If the latter, it sounds like he took it home, into his safekeeping and was therefore protecting the company.
As advised earlier in the thread, have a quiet word with someone senior before threatening action.
Was it one night only (from 9pm until the start of the next day) or a weekend?
If the latter, it sounds like he took it home, into his safekeeping and was therefore protecting the company.
As advised earlier in the thread, have a quiet word with someone senior before threatening action.
Bit late to this - is there an update, OP?
People cannot be expected to follow rules and regulations that they're either a) not aware of or b) cannot be reasonably expected to be aware of. IMO the whole thing is a shambles and should never have got to the disciplinary stage.
He has a right to appeal, if HR was doing their job properly - unlikely given the circumstances so far - then this should have been explained to him. An appeal usually needs to be filled within a working week, if he hasn't done it already then it may be too late.
Has the company since re-defined their policy on such matters and made this public? Sounds like they need to, and if they do this also undermines the decision to issue the warning.
People cannot be expected to follow rules and regulations that they're either a) not aware of or b) cannot be reasonably expected to be aware of. IMO the whole thing is a shambles and should never have got to the disciplinary stage.
He has a right to appeal, if HR was doing their job properly - unlikely given the circumstances so far - then this should have been explained to him. An appeal usually needs to be filled within a working week, if he hasn't done it already then it may be too late.
Has the company since re-defined their policy on such matters and made this public? Sounds like they need to, and if they do this also undermines the decision to issue the warning.
Edited by CardShark on Monday 4th July 21:31
To update things, he still works at the company and didn't appeal as not to rock the boat.
There's a new manager who said hello to him and had a quick chat to him as he was leaving the premises with the car. That manager never mentioned to him that what he was doing was against company rules and simply allowed him to drive away then reported him.
There's a new manager who said hello to him and had a quick chat to him as he was leaving the premises with the car. That manager never mentioned to him that what he was doing was against company rules and simply allowed him to drive away then reported him.
Monday 6th June
Phunk said:
...
The vehicle was taken home as they finished work at 9pm and the premises were closed, ...
Tuesday 5th JulyThe vehicle was taken home as they finished work at 9pm and the premises were closed, ...
Phunk said:
...
There's a new manager who said hello to him and had a quick chat to him as he was leaving the premises with the car. That manager never mentioned to him that what he was doing was against company rules and simply allowed him to drive away then reported him.
There's a new manager who said hello to him and had a quick chat to him as he was leaving the premises with the car. That manager never mentioned to him that what he was doing was against company rules and simply allowed him to drive away then reported him.
Bodo said:
Monday 6th June
Leaving one premises, going to another.Phunk said:
...
The vehicle was taken home as they finished work at 9pm and the premises were closed, ...
Tuesday 5th JulyThe vehicle was taken home as they finished work at 9pm and the premises were closed, ...
Phunk said:
...
There's a new manager who said hello to him and had a quick chat to him as he was leaving the premises with the car. That manager never mentioned to him that what he was doing was against company rules and simply allowed him to drive away then reported him.
There's a new manager who said hello to him and had a quick chat to him as he was leaving the premises with the car. That manager never mentioned to him that what he was doing was against company rules and simply allowed him to drive away then reported him.
Phunk said:
It appears that a new manager has joined the company and taken a dislike to him (this manager made the complaint).
All other managers and directors within the company are fond of him.
He's annoyed as he love's his job and was genuinely trying to do the right thing.
Check the HR policy for raising a grievance against the manager on the grounds that a final written warning cannot issued first.All other managers and directors within the company are fond of him.
He's annoyed as he love's his job and was genuinely trying to do the right thing.
http://www.acas.org.uk/index.aspx?articleid=4009
Probably keep it in his back pocket and talk to management, take the approach manager has put the company at risk by flouting proper process.
4x4Tyke said:
Probably keep it in his back pocket and talk to management, take the approach manager has put the company at risk by flouting proper process.
May I agree to an extent, but strongly disagree with the latter part.Your friend may be wise to inform HR that he does not agree the company can actually put him on a final written warning for a first offence (in an ideal world he would know others in the firm who have done similar acts but not received a final written warning) and suggest that they rename this a "written warning" - at the same time suggesting that in any event he disagrees that any such warning is justified at all in the circumstances.
Do not, in my view, state that the manager has "put the company at risk"...
4x4Tyke said:
Check the HR policy for raising a grievance against the manager on the grounds that a final written warning cannot issued first.
http://www.acas.org.uk/index.aspx?articleid=4009
Probably keep it in his back pocket and talk to management, take the approach manager has put the company at risk by flouting proper process.
That link doesn't state that a final cannot be issued as a first warning. Finals can be issued without any previous warning if the nature of the offence is deemed to be serious enough, unfortunately I've had to do this twice in years past. http://www.acas.org.uk/index.aspx?articleid=4009
Probably keep it in his back pocket and talk to management, take the approach manager has put the company at risk by flouting proper process.
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