Does employer have to give a verbal warning before written?

Take_Her_Handy

Hi. I fell sick at work the other night. The illness was an abcses bursting and bleeding. I kept working in shock and eventually ended up in midoc at 1am. Left at 3 with cert. Having never called in sick or go off sick since started 18 months I pressed on. I missed a couple aspects of my work and didn't report so my supervisor all that I missed. We were both worried about the condition more than anything. Since then there has been a investigative meeting and today disciplinary. I feel that after seeing a serious condition, I freaked and ignored it hoping it would go away but pain stopped me after midoc. My manager called my gp who called me saying that my manager was ignorant and was asking for information he shouldn't have been asking my gp. My gp told him to **** off and I called my manager on it. My employer has called my a liar and talked to me in a unprofessional manor. Today after my disciplinary meeting i received a written warning in an email. Do you think this is ok? I have never been in trouble before this.

KKkitty

It's usually 2 verbal warnings and then a written warning as far as I know. Keep your copy of the email. Very unprofessional of your boss to ask inappropriate questions of your gp too.

bobwilliams

They don't have to give you a verbal first,it would depend on the severity of the incident.
In your case they're in the wrong imo.
You need to write or e-mail a letter saying that you think it's too severe.
Did they tell you you a right to appeal?

Anyway,if they don't revoke it or change it to verbal raise a grievance and your next step, get on to the data commissioner.

Eoin

I'm not 100% sure what the data commissioner would have to do with this?

Take_Her_Handy, there are no specific laws laying out an exact process that must be followed, although there are guidelines published that many companies adopt.

As bobwilliams says, you've a right to appeal, so that's your first port of call. If your version of events is accurate, then that's unprofessional behaviour from your manager. Out of interest, is the disciplinary for the sickness or because you missed a few things when you were working before you left?

Bandana boy

Most "verbal warnings" also come in written form for recording and clarification purposes

bbam

It really depends if there is a company policy and what it says...

The usual would be..

Verbal (which is documented and should be signed)
Written
Final written
Termination.

However any decent disciplinary documentation/policy will have a clause that covers going straight to written or even final written warning if the incident is deemed to warrent it. The employee is of course open to appeal any decision.
Even if there is no documented policy.. if I thought the incident was serious enough I'd be giving a written warning.. I've never gone straight to final written warning with an employee, but I've seen a few cases where it has been done and upheld on internal appeal.

Laneyh

They can combine the verbal warnings with written or sometimes skip straight to a written warning. If your company has an employee handbook or a published policy on this it would definitely be worth reviewing.

Usually you would have the right to appeal
I think also in the case of a disciplinary hearing you are usually entitled to bring someone in with you.
It sounds like it would be good if you can have someone else in the room with you to act as witness.

See what you can find out about the appeals / mediation process.
Keep a copy of the email

If you are not able to appeal and depending on the content of the email it may be worth replying to the email to get clarification

What exactly is the warning for ?

I'd also ask your GP if they can send a letter or email from their office with details of the phone call request from your manager

bbam

Laneyh wrote: »

Usually you would have the right to appeal
I think also in the case of a disciplinary hearing you are usually entitled to bring someone in with you.
It sounds like it would be good if you can have someone else in the room with you to act as witness.

The other person you bring in must be from within the company, unless the company agree to someone from outside which they have no obligation to agree to.

And they are there in a sort of sudo moral support role.. they have no right in interject nor give an opinion on anything.

LowKeyReturn

bbam wrote: »

The other person you bring in must be from within the company, unless the company agree to someone from outside which they have no obligation to agree to.

And they are there in a sort of sudo moral support role.. they have no right in interject nor give an opinion on anything.

It depends on the circumstances. There have been rulings up to and including legal counsel being present at disciplinary hearings. There is also a right to cross examine witnesses and in some situation this can be done by the representative of the person.

The situation in Ireland is very different to the UK as the right to fair procedures, guaranteed by the Constitution applies in a great many contexts including disciplinary hearings.

shankespony

They should be giving you a chance to rectify any issues. Sounds like bbam has it right but if employers procedures are wrong then if you had to go to an EAT it would no go in the employers procedures. My advice is this is a long road. Either get the head down or look for a new job, don't go the EAT route its long and arduous.