Is a Final Written warning justified?

Is a Final Written warning justified?

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Phunk

Original Poster:

1,976 posts

171 months

Monday 6th June 2016
quotequote all
A friend of mine received a final written warning last week for 'Using a vehicle and taking it home without permission'

Some details:

Been with the company for 9 years.
Well regarded, always receiving full bonus.
They've been allowed to take vehicles home before with no issue.

This vehicle had a retail price of £75k. They were told in their disciplinary that a company rule states that vehicles over a certain value should not be taken home without director permission. When questioned what the amount was, HR couldn't tell them a figure.

These company rules are not in the handbook or available anywhere online.

The vehicle was taken home as they finished work at 9pm and the premises were closed, the vehicle contained expensive work equipment so he thought it best to take the vehicle home.

The high value vehicle was used as it was the only vehicle available to them at the time for a urgent job that he was already running late for.

southendpier

5,260 posts

229 months

Monday 6th June 2016
quotequote all
How many others in similar role have taken high value vehicles home? How many of those were given a disciplinary ?

Of those how many were final for first time?

If you think it is unfair then you need evidence, such as the above ,that may lend weight to your decision.

smn159

12,654 posts

217 months

Monday 6th June 2016
quotequote all
Do you have / can you get a copy of the company's disciplinary process? Did they follow it? If it gets as far as a tribunal, the reason that employers lose is usually that they haven't followed their own processes.

Going straight to a final written warning seems harsh to me - were there previous warnings?

IanA2

2,763 posts

162 months

Monday 6th June 2016
quotequote all
From what you say it looks as though they've decided to get rid of him. HR will know that people on Final Warnings are usually not in post for very long after a warning is issued.

He needs to gather evidence and be ready for a fight, or find another position.

For what it's worth, on the bones of your description he has a good case. That said, he's not yet suffered any detriment. If he wants to fight it, then I think he'll need to appeal the warning, if that is possible.

Before he does anything he should have a chat with an employment lawyer.

Phunk

Original Poster:

1,976 posts

171 months

Monday 6th June 2016
quotequote all
IanA2 said:
From what you say it looks as though they've decided to get rid of him. HR will know that people on Final Warnings are usually not in post for very long after a warning is issued.

He needs to gather evidence and be ready for a fight, or find another position.

For what it's worth, on the bones of your description he has a good case. That said, he's not yet suffered any detriment. If he wants to fight it, then I think he'll need to appeal the warning, if that is possible.

Before he does anything he should have a chat with an employment lawyer.
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.

Robertj21a

16,477 posts

105 months

Monday 6th June 2016
quotequote all
I would have expected an employer to issue an initial warning, probably in writing, clearly stating that it is unacceptable, must not be repeated etc etc. A Final warning seems very OTT and may well be deemed inappropriate.

silentbrown

8,827 posts

116 months

Monday 6th June 2016
quotequote all
Appeal.

https://www.citizensadvice.org.uk/work/problems-at...
CAB said:
The appeal process should be impartial. Your appeal should be dealt with by a manager who has not been involved in your case before and who is senior to the manager who made the decision.

IanA2

2,763 posts

162 months

Monday 6th June 2016
quotequote all
Phunk said:
IanA2 said:
From what you say it looks as though they've decided to get rid of him. HR will know that people on Final Warnings are usually not in post for very long after a warning is issued.

He needs to gather evidence and be ready for a fight, or find another position.

For what it's worth, on the bones of your description he has a good case. That said, he's not yet suffered any detriment. If he wants to fight it, then I think he'll need to appeal the warning, if that is possible.

Before he does anything he should have a chat with an employment lawyer.
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.
If he really wants to stay, he might be better advised to try and have a quiet word with someone more senior to the manager, and who he thinks would be sympathetic to his situation. If he appeals straight off the bat he might (possibly) make the situation worse. One of the standard ploys employers use to fight off ET's is to cast the claimant as argumentative/difficult and achieve this end by tying the employee up in rounds of claim and counter claim. They then go for breakdown of relationship or SOSR (Some Other Substantial Reason)

anothernameitist

1,500 posts

135 months

Tuesday 7th June 2016
quotequote all
If there is nothing in a hand book and HR cant find a definition of high value then the appeal route seems reasonable.

What we might be missing is was the vehicle insured too, when at home. Once again the company have not been clear.

In some organisation the appeal may mean the sanction goes higher, ie dismissal.

Your friend needs to consider this and in context with how long a final warning stays on file, I'd think that would be 12 months, but would be considered in any future discplinaries.

Is he in a Trade Union, because if he is he should be supported by them.

berlintaxi

8,535 posts

173 months

Tuesday 7th June 2016
quotequote all
anothernameitist said:
What we might be missing is was the vehicle insured too, when at home.
That was my first thought, the company seem vague however if he has been there some time you would expect him to know the proceedures.

Phunk

Original Poster:

1,976 posts

171 months

Tuesday 7th June 2016
quotequote all
berlintaxi said:
anothernameitist said:
What we might be missing is was the vehicle insured too, when at home.
That was my first thought, the company seem vague however if he has been there some time you would expect him to know the proceedures.
He was informed that the vehicle (due to it's value) wouldn't be insured to take home. However, he was only informed of this at the disciplinary.

Jasandjules

69,885 posts

229 months

Tuesday 7th June 2016
quotequote all
Appeal the warning setting out the reasons given above.

Ask for it to be struck off his record. See what they do.

andy-xr

13,204 posts

204 months

Tuesday 7th June 2016
quotequote all
Depends on the place, sales guys at one company I worked at were given an appraisal by their manager if they hadnt had any warnings because they werent pushing it far enough and being too safe. One guy had 3 Finals I think. It was more a paper pushing exercise and being seen to be doing something by HR, the managers would always overrule them

Jasper Gilder

2,166 posts

273 months

Tuesday 28th June 2016
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They need training in disciplnary processes - I'm the man!!

55palfers

5,909 posts

164 months

Tuesday 28th June 2016
quotequote all
Has anyone else ever taken said vehicle home?
Where should it have been parked?
Had employee been made aware of this?
Any access issues for parking vehicle in the correct place at that time of the evening?
High value vehicle plus kit being parked - any lone worker issues?
How was employee supposed to get home at that time?
Where was he supposed to store the high value equipment. At home?

Starfighter

4,926 posts

178 months

Tuesday 28th June 2016
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Copy of the insurance certificate and schedules stating any limitations of cover?

We had a rule of no pool cars to be taken home. That stopped fairly quickly when some one dropped the car off on the street and then took a taxi home on expenses as it was almost midnight.

Some Gump

12,689 posts

186 months

Tuesday 28th June 2016
quotequote all
Is this an expensive bit of plant / waggon, or did your mate take the company Bentley for the weekend because the Corsa van wasn't available?
What's the context? IMO that is everything =)

TTwiggy

11,537 posts

204 months

Wednesday 29th June 2016
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andy-xr said:
Depends on the place, sales guys at one company I worked at were given an appraisal by their manager if they hadnt had any warnings because they werent pushing it far enough and being too safe. One guy had 3 Finals I think. It was more a paper pushing exercise and being seen to be doing something by HR, the managers would always overrule them
O/T, but that sounds like an awul place to work. I can imagine some sweaty sales rep in a shiny suit, desperate for a warning, stalking the workplace looking for a work experience girl to grope.

Jefferson Steelflex

1,440 posts

99 months

Thursday 30th June 2016
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I've never worked anywhere that had a Discipline Policy that allowed the process to go straight to a final written warning.

Most companies have verbal, written, then final written built in so there is a process to follow. Each one would document the criteria to meet/fail to enact the next stage or remove it.

The only time this was ignored was if there was a suspicion of gross misconduct, which was then preceded by suspension and ultimately dismissal.

I've worked for 4 companies, so not a complete sample, but I still think this is very rare. If it were me, I would only concentrate on what the Discipline Policy says and go from there, if the final warning is allowed but is disproportionate, I'd be refusing to sign it and seeking assistance.

anothernameitist

1,500 posts

135 months

Thursday 30th June 2016
quotequote all
Jefferson Steelflex said:
I've never worked anywhere that had a Discipline Policy that allowed the process to go straight to a final written warning.

Most companies have verbal, written, then final written built in so there is a process to follow. Each one would document the criteria to meet/fail to enact the next stage or remove it.

The only time this was ignored was if there was a suspicion of gross misconduct, which was then preceded by suspension and ultimately dismissal.

I've worked for 4 companies, so not a complete sample, but I still think this is very rare. If it were me, I would only concentrate on what the Discipline Policy says and go from there, if the final warning is allowed but is disproportionate, I'd be refusing to sign it and seeking assistance.
We have all the sanctions there, but if the magnitude of the alegation is serious enogh then straigh to final.