Final written warning

Author
Discussion

paulrockliffe

15,687 posts

227 months

Tuesday 22nd November 2016
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Slagathore said:
Joey Ramone said:
Depending upon the ligament damage, a sprained ankle can be far more debilitating, long term, than a clean break. Yet I presume you would have been OK with him putting in a claim for a broken ankle as a result of someone else's negligence?
I must have been lucky with never suffering any long term damage. I have just Googled what you've said, so not dismissing it, just seems a bit less likely than full recovery.
I twisted my ankle 9 weeks ago, was told I'd be back playing hockey in 6-8 weeks, but I'm still weeks off being able to run in a straight line on it, let alone playing again.

When I did it I spent 1 day on crutches, and it took 4 days before I could walk at normal speed again. I went into work on the Monday and it took 30 minutes to do the 10 minute walk to the car. I work at a desk and can spend all day sitting down, so although painful I was able to work. If I worked in a role that meant I was on my feet all day, or I had to carry things around I would have been off work for a month or so.

If I'd broken the ankle I'd have been properly fixed by now.

Davel

8,982 posts

258 months

Tuesday 22nd November 2016
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Just a couple of thoughts really:

You are being disciplined over taking breaks early etc.

Your ankle injury claim may have a bearing on the matter, as far as your employers are concerned, as it may well have soured the relationship. They won't admit to this of course.

You know that you shouldn't have clocked off early and simply saying everyone else does it, or the guy calling the meeting is taking the piss, is not really the way forward.

If your attitude is aggressive towards your employers, then this will not help - especially if they want to make an example of someone and, on the basis of what you are saying, this could well be you.

Jasandjules

69,883 posts

229 months

Tuesday 22nd November 2016
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I suspect the final written warning is because they consider it "theft" (of time) - to claim for time not worked in essence. Thus no previous warnings need be issued as it can be Gross Misconduct.

Sorry, not read the thread to give more help.

micky metro

304 posts

186 months

Wednesday 23rd November 2016
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I worked for a large manufacturer and i had a small accident which i reported, my manager was pretty furious with me and made his feelings very well known known to the rest of the team, this same company would often record small injuries as "near misses" so i suspect this could be behind the reason why you recieved a final written warning, your best bet is keep your head down, dont leave early etc, and dont expect any help from tu reps as they are very often in cushy jobs and they want it to stay that way.

Timfy

330 posts

119 months

Wednesday 23rd November 2016
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It does sound like you're being managed out and you've possibly brought it upon yourself with the injury claim. I'd be doing anything I could to appear the model employee until I could find another job.

I've been on the receiving end of vicious mismanagement in a previous job (call centre) and once there's a target on your back it can be very difficult to keep your position tenable. That lot were a proper bunch of proper piss takers who regularly skipped important steps in their disciplinary action and kept coming up with really ridiculous reasons to throw people through it so it was more the unbelievable levels of stress and eventual depression it led to over a couple of years than any direct consequence of the BS.

I'm so glad I've found a job where you're treated like an adult, don't miss those petty games at all.




Edited by Timfy on Wednesday 23 November 22:20

Davie_GLA

6,521 posts

199 months

Wednesday 23rd November 2016
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Hoping this is a wind up. They want you gone.

You hate it there don't you!? But you're hanging on for that compo to see what happens?

I once twisted my ankle three times in one day (was my trainers, nothing to do wit the booze). Hurts like a bh. Really does but if you were out like i was and fell off the pavement would you claim the council cos the kerb wasn't properly sign posted?

Head down, arse up if you want to keep the job but by the sounds of it you won't need to worry about that for long.

Jasandjules

69,883 posts

229 months

Wednesday 23rd November 2016
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OP depending on what you want to do, feel free to PM me. I may be able to assist with a specific course of action.

Slagathore

5,809 posts

192 months

Thursday 24th November 2016
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paulrockliffe said:
I twisted my ankle 9 weeks ago, was told I'd be back playing hockey in 6-8 weeks, but I'm still weeks off being able to run in a straight line on it, let alone playing again.

When I did it I spent 1 day on crutches, and it took 4 days before I could walk at normal speed again. I went into work on the Monday and it took 30 minutes to do the 10 minute walk to the car. I work at a desk and can spend all day sitting down, so although painful I was able to work. If I worked in a role that meant I was on my feet all day, or I had to carry things around I would have been off work for a month or so.

If I'd broken the ankle I'd have been properly fixed by now.
Yeah, I can see now I dismissed it a bit prematurely as a simple/minor injury. As I said, I've never had any long term problems from them. I'd imagine there must be plenty within your hockey team as well, but I suspect it's a small number who have longer problems? Plus, I'd expect a sports injury to be be harsher than tripping over something on the floor.

530dTPhil

1,377 posts

218 months

Thursday 24th November 2016
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Ignoring the potential implications of the injury, various 'offences' are normally classed as gross misconduct and liable to summary dismissal. Fraud, theft, assault are usually in the list of such offences. Singling someone out and making an example of them for the habitual taking of two minutes extra break and classing it as fraud is somewhat extreme and heavy handed. However, the company has stopped short of dismissal and taken a different sanction. Dismissal would have been hard to defend at appeal.
A far simpler and more acceptable way to deal with the issue with those taking the early finish would have been to talk to them; old fashioned but it usually works.

MX5_Nuts

1,487 posts

107 months

Thursday 24th November 2016
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Maybe he turned up 20mins late for the meeting to take it out of your time to get some of the time back you owe them? I'm now self employed so haven't got to worry about this kind of bks but I've never worked in a place where I would get away with clocking out 2 mins early for breaks!

FredClogs

14,041 posts

161 months

Thursday 24th November 2016
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The industrial injury claim is a real ball ache for the company, lots of paper work and visibility to senior management, insurers get involved etc... etc... you've given your manager a right pain in the scrote and he's getting back at you. Simple as.

My advice would be to file a complaint for constructive dismissal as well, sue them for a year or twos salary... In for a penny in for a pound.

Jasandjules

69,883 posts

229 months

Thursday 24th November 2016
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If this conduct follows the lodging of a claim then yes it would appear to be running close to a constructive dismissal claim, let alone the case law which can assist in relation to the disciplinary hearing for such matters - unless of course every single employee who has breached this requirement has been issued with a final written warning...


Soov535

35,829 posts

271 months

Thursday 24th November 2016
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Some advice.

1. Work the hours you are supposed to work. I can only imagine the huffing and puffing if they made you work an extra 2 minutes a day.

2. Stop moaning about your ankle.

3. The final written is a chance they've given you to sort yourself out. Sort yourself out.

I'm not surprised they want you out. I would!




elanfan

5,520 posts

227 months

Sunday 1st January 2017
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Update OP?

chrisxr2

1,127 posts

194 months

Sunday 1st January 2017
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So you are now in the situation of peeing them off even more, by the fact that unless you have a very bizarre contract, you should either be being accused of grits misconduct or you put in an official grievance for non following of correct hr procedures which you will win, but then which puts a bigger target on your back. OP official grievance then start looking for something else are surely your only options.

bearman68

4,652 posts

132 months

Sunday 1st January 2017
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Watching with interest. I think most people who have worked in manufacturing industry have been 'managed' out at some stage in their career. It's just part of finding the right job for you, and making sure you are right for the job.
Personally I would keep head down, work well, and look for another job.

thepeoplespal

1,621 posts

277 months

Sunday 1st January 2017
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Personally I think the company are on sticky ground with the 2 min clock out, if they have not disciplined each and every other member of staff who has done the same.

While you have knowledge of others doing the same as you and not being disciplined I'd document it for future reference at an employment tribunal.

Its also worth talking to an employment solicitor as it would seem the claim you have made has some bearing in their actions and it is always worth covering your backside for a probable future tribunal.

Ms R.Saucy

284 posts

90 months

Sunday 1st January 2017
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Johnnytheboy said:
Gary11 said:
No previous warnings. Never been late for work

Only thing I did have about 1 month ago is a work related accident. Which was due to a contractor leaving parts in an area where it is clearly marked "keep clear" causing me to have an accident which I have put in a claim for.

Managers do not like accidents on their shifts... Furthermore they do not like you claiming for injuries
Ah, I think this may be what's behind this, perhaps somewhat unfairly.
seems a bit odd to have had an accident which you are caliming for and be back on full duties within a month ...

I also wonder if the OP is being entirely straight , I also wonder if the employer is the kind of place that does 'file notes' without getting the employee to view and sign them ... I've met a few manager in the NHS who do that and it only comes up when comment is made at a discip ( from reviewing manager or HR) about the size of the P file and the employee and rep question it , for it to come out that the presenting Manager has been doing 'file notes' and keeping 'statements' from members of their their about the individual ...

the question we can;t answer is - Is the OP a victim of bullying or is the OP a complete tube.