final written warning

[jay6290]

i was recently suspended from my job after a supervisor discovered three of my work mates playing cards i would like to state that when he discovered this i was atleast 8 to 10 feet away from the group involved leaving the erea and had no part in this what so ever, i attended the first meeting and was told that i was found gambling within the premises and therefore a decision would be made on my future at the company.I explained as i have above then went back for a 2nd meeting, i was then told that the supervisor saw me leaving the erea as though i had something to hide ,Thats when i was issued a final written warning which i appealed. The three people involved have all stated in there minuites i had no involvement allthough i knew what was going on. After i appealed i recieved a letter saying that i am as much to blame as the people involved because i did not tell on them and i knew what was going on however he did reduce it from 12 months to six ,cheers for that (NOT) I FEEL COMPLETLY SCREWED OVER and fell that no matter what i say no one gives a damn my question is can i get a FINAL WRITTEN WARNING for not telling people to stop larking around because thats what i think its for? and is there any advice on how to handle this because im all out of idears plus whats to say they wont try this with me a again a few months down the line then il be out of work, im thinking they want me out (I HAD NO OTHER WARNINGS).........please help

[fletcher.5]

What card game were you playing

[Cmitchell]

If you can't afford a solicitor, and let's face it, most of us can't, then pop down to the Citizens Advice Bureau

Their website:

http://www.citizensadvice.org.uk/

Find the nearest CAB office

http://www.citizensadvice.org.uk/index/getadvi ce.htm#txt_getadvice_header-Anchor-search
Hope this helps.

[Ice.Maiden]

Had you had any verbal warnings prior to the written one?

[jay6290]

as stated i wasnt playing i was just in the area. i have not received any previous warnings.

[Ice.Maiden]

Then the CAB or a union representative'd be the best people to talk to.

[jay6290]

the cab couldnt realy help but have organised a free 15 minuite free consultation with a solicitor who specialises in employment.

[Ice.Maiden]

Best of luck with your free 15 minutes then jay. It's not long. Be concise in your version of the story, and make sure your facts are accurate. Your main question to the solicitor is: - do I have a leg to stand on? Then - what's the best course of action?

[jay6290]

thanks for your advice, i will try to be clear and concise. Cab advised that i could leave and then claim for victimisation but i would need some kind of proof. Its frustating not knowing whether i have a case as they have followed the procedures correctly. i also wonder if it would be worth it as i havent actually been dismissed.

[Ice.Maiden]

Could you have another word with the management, and explain that you feel justified in seeking legal help, as you believe yourself to be in the clear? They might just do a turn-around, but you say they've followed the correct procedures and yet they've issued you with a "FINAL WRITTEN WARNING" - suggesting that there've been previous ones. I assume they've included the two meetings as having given you two verbals, but I really think that you need to see a solicitor, just to cover yourself and see what the position is.

[jay6290]

the 2 meetings before are procedure to investigate and speak to all that are involved in this 1 incident and are not classed as three seperate ones. I have never been in trouble before and i am feeling victimised from this whole matter i got the same punishment as the three people that got cought with cards in there hands even though i wasnt actualy involved in the game, as the supervisor come round the corner i walked past him leaving the area, all it consists of is he thought i was involved even though he has no evidence i have 3 witnesses to back me up i have spoken to the director and i have all the copies from the meetings admitting i was leaving the area the final decision what they said was I WAS AWARE THAT THEY WERE PLAYING AND DIDNT SAY ANYTHING so is a final written warning justified for this????

[Ice.Maiden]

Jay, I'm not an expert on this - although I should be, as my husband and I employ people to work for us. if things are as you state, then I sincerely hope you're given the benefit of the doubt and retain your job, but maybe it depends on how strict your company is about following rules. For instance, if you saw someone stealing from the firm, yet weren't involved yourself, you'd surely be expected to notify someone of what was happening? If you didn't, it'd make you an accessory to the fact, which'd probably result in dismissal. I agree with you that in your case, it just sounds like an excuse to get rid of you, which is unfortunately an often-used ploy, even in this day and age, so as far as I can say, you definitely need to see a solicitor & have another talk with your bosses. I'm sure there are other ABers who're more able to advise you, but good luck anyway.

[pink-kittens]

A final written warning doesn't suggest other warnings have been issued in cases of gross misconduct. A final written warning can be given in this instance, regardless of whether or not any other warnings have been issued. Gross misconduct is a sackable offence and I would consider a final warning a lucky escape. 6 months down the line this cannot be used against you in any other work related warning procedures as it will be considered spent.

Hope the solicitor can help in those 15 mins!

[Twenty20]

I assume we're talking about these people playing cards during work time and not during a lunch break? If so, then as Ice.Maiden says, its effectively stealing from the company and the company would be entitled to dismiss on the basis of this.

If there's no proof you were involved, but you obviously knew they were in effect stealing from the company, then, in my opinion, you'd be justified in getting a verbal warning. It just depends on how much they think you were involved i.e. if they are of the opinion that you were involved but were just walking away at the time. Difficult to prove though, hence I'd have gone for a verbal warning on the basis that you knew about it.

If it was playing cards at lunchtime then I think it would be different unless your company's rules specifically say you cant do this.

[emlett]

if you have appealed against it and lost that appeal, i'm not sure if you have a right to a further appeal - ask to see the office manual/disciplinary procedure to check this out. do you have a union rep who could help?

you could file a grievance about your treatment, after all presumably there is no proof that you were not leaving the area to find a supervisor to tell them what was going on is there? its very odd that they accept you were not gambling but have punished you anyway.

you could resign and say that you were constructively dismissed but you'd have to do it right away and its really difficult to prove and you'd be out of a job anyway then!

i would suggest further appeal if possible or filing a grievance.