Is a Final Written warning justified?
Discussion
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.
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.
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).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.
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.
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.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.
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.
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