Crosswords9 mins ago
Can a verbal warning be added without my knowledge?
3 Answers
During a recent meeting with my manager, we both admitted that my current job role isn't working out. I have had an excellent career history to date and in January received a payrise and a peformance bonus. I feel like I have constantly bullied since I have started at my new organisation (a large pharmacutical company) where I work in procurement. My boss has done little to address this, claiming that he feels I failed to intergrate myself into the team, even when this happened in meetings in front of him. I was prepared to put forward a case for bullying, but my manager counter acted my claim, apparently having evidence that I have poor time keeping, and have upset members of my team (the bullies). He added that my apparent conduct issues were heading towards me getting a verbal warning. In total shock, I asked to hand in my notice there and then and leave, after of course completing my notice. He responded by offering me 3 mths full pay, and to leave quietly there and then on gardening leave. I asked if I was being suspended or if I have a warning on my file and he said that we both don't want that to happen, but if was to stay this may be the outcome. I am concerned that in my absence from work, he has put something on my file, that I won't know about until an other company applies for a reference. This comes down to no trust, and the fact he fabricated evidence against me to get rid of me in the first place. Also, as I am a currently job hunting, will it look a little strange that my employment reference will claim I am still on my companies payroll for the next 3 months. Apparently they will be happy to accept my resignation should I find something else. My main concern is what a line manager could put on a reference without my knowledge? I am not an expert on such matters. L. B Clarey
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As far as I am aware a verbal warning is part of a disciplinary procedure so in order for you to receive one you would have to go down this path first which would involve a formal written letter to say you are having a disciplinary procedure, an investigative meeting with your line manager and a HR representative and yourself (and a union rep if you wish). You would then have a hearing and from that hearing an outcome will be decided which could be a verbal warning. (Or a rap on the knuckles or a dismissal). That being the case it is unlikely that you would not know if you had received a verbal warning.
What they can do is go down the disciplinary route and have the hearing which can be done retrospectively so even if you have left it could go on your file but they would still have to go through the stages I out lined above so you would still know.
I'm pretty sure this is standard for most companies and not just the one I worked for.
What they can do is go down the disciplinary route and have the hearing which can be done retrospectively so even if you have left it could go on your file but they would still have to go through the stages I out lined above so you would still know.
I'm pretty sure this is standard for most companies and not just the one I worked for.
China Doll is correct.
A verbal warning, despite its name, is given verbally, then you should get a letter confirming that you were given a verbal warning regarding your xyz (whatever the issue was). That letter is the thing that you get and sits on your file.
If things aren't working out, I'd take the money and run - depending on your prospects and job situation - only you can judge that.
You need to get them to explain to you exactly how they are proposing to deal with the termination of your employment. They are duty bound to pay you for your notice period but I doubt that is 3 months - typically it would be one month, or one week per completed year of continuous employment if you have worked there longer than 5 years (i.e. 5 weeks after 5 yrs etc.), which is the statutory rules that overrides whatever is in your employment contract - if it is longer.
The REST of the notice period could be being handled in one of two ways:
The leave you on the payroll (which is what you suspect) and you continue to be paid, you pay NI and tax, and you accrue holiday and pension entitlements. You last day, is the final point where they stop paying you.
OR, they make you a payment as compensation for loss of office for the rest of the money. THIS money does not incur tax or NI - so it makes a difference. You last day, from a legal point of view (and what appears on your P45), would be the date the notice period runs out.
In exchange for agreeing to one of the above, they will very likely ask you to sign an agreement that you will not work for a period of time (the Gardening Leave period).
As a person formally involved in personnl management and recruitment, I'd say that recruitment people accept that sometimes things don't work out and one takes interviewees as one finds them at interview. Be prepared to explain your side of the story during interview - any reference from your current employer is more
A verbal warning, despite its name, is given verbally, then you should get a letter confirming that you were given a verbal warning regarding your xyz (whatever the issue was). That letter is the thing that you get and sits on your file.
If things aren't working out, I'd take the money and run - depending on your prospects and job situation - only you can judge that.
You need to get them to explain to you exactly how they are proposing to deal with the termination of your employment. They are duty bound to pay you for your notice period but I doubt that is 3 months - typically it would be one month, or one week per completed year of continuous employment if you have worked there longer than 5 years (i.e. 5 weeks after 5 yrs etc.), which is the statutory rules that overrides whatever is in your employment contract - if it is longer.
The REST of the notice period could be being handled in one of two ways:
The leave you on the payroll (which is what you suspect) and you continue to be paid, you pay NI and tax, and you accrue holiday and pension entitlements. You last day, is the final point where they stop paying you.
OR, they make you a payment as compensation for loss of office for the rest of the money. THIS money does not incur tax or NI - so it makes a difference. You last day, from a legal point of view (and what appears on your P45), would be the date the notice period runs out.
In exchange for agreeing to one of the above, they will very likely ask you to sign an agreement that you will not work for a period of time (the Gardening Leave period).
As a person formally involved in personnl management and recruitment, I'd say that recruitment people accept that sometimes things don't work out and one takes interviewees as one finds them at interview. Be prepared to explain your side of the story during interview - any reference from your current employer is more
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