verbal warning procedure

Shin Bet

Hi guys can anyone help with the following
my gf got told today she is being called in for a verbal warning on tuesday for being late 4 months ago, i had a look on a few sites but couldnt find out if theres a time limit between the "incident" and when you can issue a warning.
any one able to point me in a good direction will be rewarded with sweets*



*I will eat sweets on your behalf

3DataModem

Ask for a written copy of the discaplinary process.

Ensure the meeting is minuted.

And MOST IMPORTANT;

Ask how long the warning will be on your personnel file.

Nody

There is no written definition in the law on how the warning process has to be executed (i.e. commonly it is verbal warning, written 1, written 2, dismissal but that can be done faster for serious offenses) and I can't recall there being a maximum time either.

4 months while not ideal length is not unheard of but the thing she will need from it is as noted how long will it be on file. Also keep in mind how late she was that day (and why, why will not remove the warning but can soften the blow). Oh and what ever happens don't start to complain or say "but person X was late before and nothing happened" or similar as this will not change the facts at hand that she was late.

Shin Bet

I went through the handbook it just states the usual 1 verbal 2 written etc, with no basis for a timeframe its happened before with others she works with where they were told they have been given a warning and it is expired there and then (The point of that I dont know) they rely on hr from another store (its a well known supermarket) and each time a new hr manager comes in this happens. now I know they cant sack her but its Just the legalities and the definition of natural justice that I would fight it.
cheers for the replys guys,

wmpdd3

Once the verbal warning has been given she will be given the right to appeal. I would leave it till then as she is not denying she was late. She is appealing the outcome of the process, due to the passing of time and the apparent lack of a similar incident since.
At the least you could ask for the warning to be back dated to the week the offence took place.

growler

would be very surprised if HR would allow this to stand, such warnings are meant to be given "as soon as is reasonable" in most hr manuals otherwise the facts get lost.

very bad practice and suggests to me the manager has their own agenda here.

Jo King

There was a case involving a major family owned supermarket chain which held that a week was too long for bringing an employee to account for a till error.
The main issue is what happened when she was late? Was she asked for an excuse? Were notes taken of her responses?
It may well be that she was late and nothing was said. She may by now have forgotten the reason. It is unfair to resurrect an old lapse after four months.

mood

Why were you late?

dMaN24

Personal experience of verbal warning is:
No chance of promotion or payraise for 6 months.
Conducted by HR in the presence of you and your boss/team manager etc. Think you have the option to pick a person you want to come along aswell.

growler

mood wrote: »

Why were you late?

irrelevant

mood

It could be relevant. If OP had a accident or family emergency that morning I don't think they could give a verbal warning. If say a family member was sick it is call 'something leave' - can't remember what. Or if she was late due to morning sickness if she is expecting I don't think they can give a verbal warning.

Of course it's most likely she was just late with no major reason!

wmpdd3

Force Majure, seriously I can't sepll that, it's not even english!

LegacyUser

all a sounds a bit suss to me. 4 months is a ridiculous amount of time to wait, unless they a re a very big company and it takes such time to process. Questions that might be important:

Does she have an immaculate attendance record outside of that incident?
How late was she on the day?
Has she been late since?

jimoc

Its Force Majeure

http://www.equality.ie/index.asp?docID=237

Summary of Force Majeure Leave
Summary:

* An employee is entitled to leave with pay from his or her employment for urgent family reasons, owing to the injury or illness of any of the persons listed below.
o a child or adoptive child of the employee;
o the spouse of the employee, or a person with whom the employee is living as husband or wife;
o a person to whom the employee is in loco parentis;
o a brother or sister of the employee;
o a parent or grandparent of the employee;
o persons in a relationship of domestic dependency , including same-sex partners.
* Entitlement to force majeure leave is limited to circumstances where the immediate presence of the employee, at the place where the ill or injured person is situated, is indispensable.
* During an absence on force majeure leave an employee is regarded as being in the employment of the employer, and retains all of his or her employment rights.
* Force majeure leave is paid leave. It cannot be treated as part of any other leave [s.14(5)] (e.g. sick leave, adoptive leave, maternity leave, annual leave or parental leave) to which the employee is entitled.

Notification of Force Majeure Leave

* As soon as reasonably practicable after his or her return to work after an absence on force majeure leave, an employee must confirm to his or her employer that he or she has taken the leave. The notice must specify the information contained in the Form at Appendix B of the Parental Leave Information Booklet, which can be downloaded at the bottom of this webpage.

Maximum Entitlement

* An employee may not be absent on force majeure leave [s.13(5)] for more than 3 days in any 12 consecutive months, or 5 days in any 36 consecutive months. Absence for part of a day is counted as one day of force majeure leave.

milos

Having just been sacked from my job of nine years I know something of these procedures.
This procedure is agreed with the union, if one in job, and management. If not it can be made up by the bosses themselves.
Certain guidelines state...
1 Verbal warning
2 First written warning
3 Second written
4 Dismissal

If you steal, or hit someone or do something you should be sacked for none of the above count.

The length of these warnings is decided by YOUR MANAGEMENT.

A piece of advice keep a record of everything said to you by management, when, where, why.
Question nothing until you have backing and proof of what happened.
Admit nothing