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Can I be fired without written warning?

 
Can I be fired without a written warning

I am pretty sure that I'm going to be fired. I've been at the same company for the last 12 years and recently due to family illness, I have not been doing so well at work. I will be the first to admit that mywork has not been up to standards. I have had a chat with my boss over this as she has said that you need to pull your socks up etc. but alas when I came back from holiday I found that I had made a few mistakes. I have had no written warning or anything in writing saying that if my performace does not improve I couldbe fired. Can they do this?

pip

11/09/2006 18:29:17

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Can I be fired without a written warning

Originally posted by pip:
I am pretty sure that I'm going to be fired. I've been at the same company for the last 12 years and recently due to family illness, I have not been doing so well at work. I will be the first to admit that mywork has not been up to standards. I have had a chat with my boss over this as she has said that you need to pull your socks up etc. but alas when I came back from holiday I found that I had made a few mistakes. I have had no written warning or anything in writing saying that if my performace does not improve I couldbe fired. Can they do this?


Doubt it, but check your contract. Normally (not always) you need 2 x verbal then one written warning before you get the boot, and you are entitled to representation (may be simply another colleague or a union rep if you want to get litigious) at the warning.

If your contract backs this up they will breach it if they fire you without due process.

Sagitthairyarse

11/09/2006 18:39:51

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LIES ABOUT EMPLOYMENT LENGHT ON CV

Hi I recently just applied for this role which required 6 months sales experience. I only had 5 months experience with my previous company so I strected the date by a month to make it 6 months on my CV to be eligible for the interview. I was offered to job and am on my probationary period and they are now checking REFERENCES. I have a good reference with previous employer but am worried the LIE will come back to haunt me?

Does anyone have any advise on how to approach this if it arises??

kaz

11/09/2006 18:48:37

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Can I be fired without a written warning

Originally posted by Sagitthairyarse:


Doubt it, but check your contract. Normally (not always) you need 2 x verbal then one written warning before you get the boot, and you are entitled to representation (may be simply another colleague or a union rep if you want to get litigious) at the warning.

If your contract backs this up they will breach it if they fire you without due process.


Thanks for this. I have been speaking toa few other people at my work anythey have said that the staff handbook says they can fire you on the spot for gross misconduct?

pip

11/09/2006 19:07:16

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Can I be fired without a written warning

Originally posted by pip:


Thanks for this. I have been speaking toa few other people at my work anythey have said that the staff handbook says they can fire you on the spot for gross misconduct?


Can they do this?

pip

11/09/2006 19:33:27

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can i be fired

have been doing a lot of checking on misconduct recently. it really depends on what is in your terms and conditions and employee handbook - they have by law to make this information available to you. However, gross misconduct usually refers to really serious matters such as theft or doing your own business on company time. if you are simply not working up to your usual standard then a more usual route would be to have you in for a warning and these usually only stay on your personel record for 6 or 12 months. They should give you a chance to improve before sacking you.

yorkie

12/09/2006 18:41:08

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If I resign before a disciplinary - what is the reason for leaving recorded as ?

Hi - hope someone can help!

I have worked in my company for over 6 years and with an excellent history. Recently I have been asked to help in a project for a few weeks which turned into 6 months with extensive travel and being away from the team I manager for up to 5 days a week. Performance dropped and I was put under pressure to raise this. I helped my team with their sales (which is normal for managers to do as a incentive and I had done before with the full knowledge of my line and senior manager).

A new manager took over and within a week called an investigative meeting which was around gross misconduct (massaging sales resulting in false reporting). I was totally disgusted as they sent the disciplinary details to the wrong address which happened to be my local pub! I sent in a resignation letter with my disgust at this and also made clear at the my actions were normal for leaders.

My company proceeded with the disciplinary procedures in my absence and sacked me for "gross misconduct" I recently lost a new job I had started as my old company provided a bad reference stating that I had been sacked for fraudulent activity. As the new employer are in financial services there was no way they could keep me on despite being really happy with my work to date.

What should the reason for leaving be recorded as and was this decision safe?

Hilton

13/09/2006 16:08:16

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LIES ABOUT EMPLOYMENT LENGHT ON CV

Originally posted by kaz:
Hi I recently just applied for this role which required 6 months sales experience. I only had 5 months experience with my previous company so I strected the date by a month to make it 6 months on my CV to be eligible for the interview. I was offered to job and am on my probationary period and they are now checking REFERENCES. I have a good reference with previous employer but am worried the LIE will come back to haunt me?

Does anyone have any advise on how to approach this if it arises??


Generally as part of normal reference checks they will ask for confirmation of dates and the reason for leaving a role. If it does come up I would apologise and say you made a mistake with the dates. If your work is up to standard I do not think they will dismiss you on the basis of being one month short on experience. Good luck!

Hilton

13/09/2006 16:25:18

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can i be fired

Originally posted by yorkie:
have been doing a lot of checking on misconduct recently. it really depends on what is in your terms and conditions and employee handbook - they have by law to make this information available to you. However, gross misconduct usually refers to really serious matters such as theft or doing your own business on company time. if you are simply not working up to your usual standard then a more usual route would be to have you in for a warning and these usually only stay on your personel record for 6 or 12 months. They should give you a chance to improve before sacking you.


Gross misconduct is SERIOUS conduct - eg. violence, fraud, theft, competitive leaks etc. I don't think doing your own thing in company time constitutes GM - you'll know if you've committed this and wouldn't be asking if you thought you had. Sounds to me like they're trying it on - push it back and ask them for clarification on the fulll process.

Sagitthairyarse

14/09/2006 19:02:26

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Not allowed to withdrawal resignation

I work in the healthfield and with have very well difined policies on discipline. Over the past few months I have felt that my supervisor has wanted me to leave by having talks about my job errors, which are not errors.(basically creating new ways of doing things, which are not the norm.) Now in saying this on our last set down meeting I resigned in haste and I submitted a letter stating my concerns (Nothing bad mind you, or nothing that could get you fired) anyway I quickly realized this wasn't the smart thing to do so I withdrew my resignation. My boss said he would talk to me when I came back to work, so when I got there he decided that my original resignation would stand. He started citing reasons that were without any merit and I basically said why don't you admit your mad over my resignation letter and he finally did. Now am I wrong, or if you rescind your resignation and your employer refuses to except that does that not change your resignation to a discharge, which would be firing me and there are no grounds for that.....

Sorry so long,

Paul

paulc35

15/10/2006 02:11:44

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Suspended with PAY(Security Officer)

I work for a major retailer...The other day I was pursuing a shoplifter through the parking lot after he stole some merchandise..The subject dropped the merchandise in the parking lot. While I was picking up the merchandise, the subject continued to run through the parking lot and onto a major street. While I was still standing in the parking lot, the subject continued to run across the street and got hit by a car...The notified my employer (immediate supervisor). The subject was transported to the hospital and the next morning was discovered to have a broken back. Our 'security manuel' states regading pursuing shoplifters that 'Never pursue anyone to a point when we cannot expect assistance'. I never left the mall parking lot. The next day, I was called into the office and was greeted by our store manager and regional security manager who kept stated i didnt do anything wrong, but i was being suspended pending an investigation. They kept stating they were worried about media attention due to other events that have occurred in other cities regarding shoplifters getting hurt. I didnt receive any paperwork and still dont know what is going on. They said the investigation will be wrapped up within 2 weeks. My immediate security supervisor stated i didnt do anything wrong and there are no policies in the manual I violated!! Can they do this?? What is going on??

Donnie

15/10/2006 04:50:32

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Suspended with PAY(Security Officer)

I work for a major retailer...The other day I was pursuing a shoplifter through the parking lot after he stole some merchandise..The subject dropped the merchandise in the parking lot. While I was picking up the merchandise, the subject continued to run through the parking lot and onto a major street. While I was still standing in the parking lot, the subject continued to run across the street and got hit by a car...The notified my employer (immediate supervisor). The subject was transported to the hospital and the next morning was discovered to have a broken back. Our 'security manuel' states regading pursuing shoplifters that 'Never pursue anyone to a point when we cannot expect assistance'. I never left the mall parking lot. The next day, I was called into the office and was greeted by our store manager and regional security manager who kept stated i didnt do anything wrong, but i was being suspended pending an investigation. They kept stating they were worried about media attention due to other events that have occurred in other cities regarding shoplifters getting hurt. I didnt receive any paperwork and still dont know what is going on. They said the investigation will be wrapped up within 2 weeks. My immediate security supervisor stated i didnt do anything wrong and there are no policies in the manual I violated!! Can they do this?? What is going on??

Donnie

15/10/2006 04:51:41

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Does the employer have to accept to rescind a resignation?

I handed in my notice during an argument with my line manager. I late wrote & handed in my resignation. I now want to withdraw it, can I do that? Is my employer compelled to accept the withdrawal? I would be grateful for any advice

Jamie

08/02/2007 21:13:27

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e-mailed resignation letter

Does e-mail, not officially signed resignation letter is a binding document? Can I take my resignation back?

Oz

06/03/2007 01:52:54

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Does the employer have to accept to rescind a resignation?

Originally posted by Jamie:
I handed in my notice during an argument with my line manager. I late wrote & handed in my resignation. I now want to withdraw it, can I do that? Is my employer compelled to accept the withdrawal? I would be grateful for any advice
Did anybody answered you Jamie?

Oz

06/03/2007 02:16:02

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Can I be fired without written warning?

The topic itself it wide open and there is a potential risk of negligent advice, however the answer is really simple and depend upon the length of service and individual surrounding circumstances of each individual's case and advice can be given on its own merits/history like for an example if the length of service is over a year(12 months) the answer to your question is 'No'. A good practise for an employer and employee that they should check the contract of employment and employee handbook for further clarifications.

lgalaxyl

27/07/2007 23:56:55

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did a PIP (not signed) and no written or verbal warning

Hi All,

I really appreciate your advice. I have been working for 10 years in the same company. after 8 years and 3 managers, no complaints whatsoever, I move to Professional services. I started well but then I had a heart attack in the same year and I hadf to take few months away from work. My work started to slip due to my inability to travel and do most jobs. Last year I had another heart attack, meanwhile, I was due for a review. While off sick and officially signed off, they decided to give me a review at home. They came up with many excuses (non on my tachnical ability)which does not hold. They took no notes of my defence and only interested that I was fighting them on every item. They decided to give me a PIP, and the manager responsible, kept picking on everthing I do. Throughout the whole thing I got no help or advice fromo him or my mentor. At the end they failed me on my communications (sending long and too many emails), adn the delivery on the producet I was working on. They said that I should have assumed my mentor is client. I was never told.

now they want to fire me. i have never received verbal or written warnings. I never signed the PIP. We all (HR and I ) worked on good faith but not the manager. they never told me I should assume the mentor is a client.

Can they just fire me? or is it a unfair dismissal?

thank you.

georges58

27/02/2009 16:43:28

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Hi

It sounds as if the employer might be on very thin ice indeed in dismissing you as you describe.

You might well be protected by the 1995 Disability Discrimination Act and as a result the employer is obliged to make all 'reasonable adjustments' in order to help you cope with your medical condition.

At the very least they ought to have obtained up to date occupational health reports before taking any action against you leading to your dismissal.

It may be worth your talking this over with your own medical advisers and at least with the ACAS Helpline if not a law centre; CAB or solicitor. Discrimination issues can get complex and contentious, so sound detailed guidance will be vital.

Assume there's no occupational pension arrangements for ill-health retirement that might apply ?

bubbles_once

27/02/2009 18:22:13

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I you don't have any pension. I know for usre from (advised) they did not follow procedures at all. As I said I haven't signed anything, and I did not get any verbal or written warnings. The two managers who picked on me (a line manager and his manager) just wanted me out of the way. The only thing they came up with is communications (remember i was in customer support for 8 years, dealt with hundreds of clients, via phone, emails, and sometimes on-site visits) and not a single complaint.

I have a disciplinary hearing on Tuesday, and I suspect I will be dismissed, given an alternative jobs, such as Canada (i am in uk), and usa. also, possible scenario is keep at this job but working on another project that does not entail travelling. However, this means staying with the same managers. is this reasonable? Takign into account that they have nothing against my techinical ability, just nit picking. How can I be sure that they will not behave n similar way and make my job really difficult.

is such an offer reasonable? I am also on medication now, for anxiety attacks and work-related stress, which, I never ever had before in 15 years since I had my first heart attack.

thanks for any advice. This site is really helpful wish i foudn it earlier.

georges58

28/02/2009 11:55:13

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Sorry, I don't understand your mention of 'pension'

The issue is probably whether you're in scope of the DDA - try looking it up; also asking your GP's opinion.

If you're covered by DDA then employer MUST make 'reasonable adjustments' and you might well file a grievance or grievances if they continue to go after you.

bubbles_once

28/02/2009 12:11:13

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