Employer Violated Own Discipline Policy

LegacyUser

Hi All,

I'm a really upset female living in Cork following a meeting this afternoon with my employer in which I feel I was treated unfairly.

Last week I was invited to a fact finding meeting to take place today, the first time I've been in any HR issue in my life, The letter form the HR Generalist stated that the meeting was to investigate the allegations that had been made against me and to decide if there should be a disciplinary hearing and that I could bring a witness and a copy of the companies disciplinary policy was linked to.

We held the meeting and I became suspicious that regardless of what I said the outcome had already been decided and any points that I made were not taken into account. At the end of the meeting I was told that they would make a decision and that was that. The company policy says the fact finding meeting's findigns would be issued to me within 3 working days of the meeting and then I would be given 24 hours notice of any disciplinary that wokd take place and would have to be help by a seperate person.

However later in the afternoon I was summoned into the HR office and was told that they would now consider the fact finding also as the disciplinary meeting and there would be no need for a seperate hearing and would be issuing me with a verbal warning. The whole process from start fact finding meeting to warning was little more than 2 hours and the fact they rushed it through so quickly would suggest that a decision was already made.

Does anyone know how or If I should challenge this?

Helena

MarkAnthony

Yuo have to have notice. Speak to an employment law solicitor, or just take it on the chin and move on.

LegacyUser

They claim that they gave me notice last week for the fact finding meeting and that was sufficient because that is now considered the disciplinary meeting as well.

However my issue is that when I entered the meeting and was invited to it they said that it was not a disciplinary meeting and was just to see if one was required.

The company handbook issued to all staff says that there must be a full disciplinary hearing before any punishment is issued and the purpose of fact finding meetings is to determine if there should be a disciplinary.

davo10

It's a verbal warning, you don't say whether you deserve it or not, take it on the chin and move on, it is not that serious.

You could consult with an employment solicitor and appeal the process but it will cost you.

LegacyUser

I believe the written process is fair. My gripe is that they did not follow it.

duploelabs

HelplessHelena wrote: »

I believe the written process is fair. My gripe is that they did not follow it.

Like other posters have said, take it on the chin. However, record everything that went on, times dates email etc, if they didn't follow their own guidelines as per your contract then it can be used later if things go TU with your employer

_Brian

The crux of the thing is did you deserve a written warning for whatever happened to need the meeting..

If yes, then I'd say move on and document everything..

If you feel it wasn't warranted then maybe appeal based on the fact that proper procedure wasn't followed and you feel you didn't get a chance to put your case across..

If you deserved the warning then appealing the procedure of the meetings will not endear you to anyone at all..

bonyn

Oh Helena, what did you do?
A verbal warning isn't the end of the world. They probably tried to follow the documented process, but in the end if you deserved it you deserved it.
Much better you own up and apologise instead of accusing them of breaching protocol.

evey3624

Hi Helena

As the others have asked was the warning in your opinion warranted? If so I would let it go to be honest even though they did not follow through on their procedure, however, do take note of everything now to keep it fresh and see how things progress.

I have seen first hand how employee's read into the employer's mistakes to take away/relieve the shame/embarrassment/disappointment of receiving the warning (cognitive dissonance) and it never ends well for all parties. I am no means saying that the employer has free reign and they should follow their own procedures but these things happens unfortunately.

If the warning is not warranted in your opinion, you can either appeal the process in regards to the warning or raise a grievance detailing how the disciplinary did not flow procedure.

Hope everything goes well for you!!

Snakeweasel

OP you could well get your employer to rescind the warning on the basis that they did not follow their own procedures. However, as the others have said, if you deserved the warning it could be just as well to take it on the chin and move on.

Think of it this way, if in a worst case scenario, you end up being dismissed, it would make a lot more sense for you financially to pull your employer up on procedural flaws at that point!

r0qi4162fux9kg

It won't stand in a Labour Court if it ever came to it regardless.

Just note everything down including names, dates and times - in case you need it down the road.

A verbal warning can only stay on your internal record or be used in further disciplinary measures for X amount of time. Usually stated on a companies disciplinary policy. And they must state it on the letter they give you stating that they've given you a verbal wanting.