Response to a written warning

Message Bookmarked
Bookmark Removed
I've been FALSELY accused of something serious at work, which has led to my employers giving me a final written warning - despite my protestations of innocence. I think they'd already made up their minds before giving me a chance to defend myself.

Is there anything I can do to overturn their verdict? I've got an appeal booked, but no new evidence to present.

I'm in the UK BTW. Is this situation grounds for constructive dismissal or an employment tribunal?

Logged Out, Saturday, 9 April 2005 18:37 (twenty years ago)

Are you a member of a union? Even if your not that might be a good port of call.

Ed (dali), Saturday, 9 April 2005 18:41 (twenty years ago)

wait, are they offering any 'proof' of their own?

why is it a final warning? is this related to any prior warnings?

charltonlido (gareth), Saturday, 9 April 2005 18:42 (twenty years ago)

There seems to be a lot of this about right now.

You can get a final warning with no prior warnings, depending on the severity of the offence.

If you can't get anywhere with an internal appeal, I think you would have a long and possibly fruitless struggle with a tribunal - that's tough and slow at the best of times. I'd say try the appeal, and then if you don't get anywhere, start looking for another job. If they are against you there, it's little use trying to stay. It's hard to say more without detail.

Martin Skidmore (Martin Skidmore), Saturday, 9 April 2005 18:49 (twenty years ago)

Thanks guys.

This is my first 'offence', although it's really just my word against someone else's. Thought I had been able to show them that it was just based on a personal grudge, but looks like I failed.

No union (sadly). Perhaps I should go the CAB.

I want the other person to retract their statement. I can disprove some of what they said, but the rest is just my word against theirs.

I can't face going back to work, but I've arranged a meeting outside of office hours with my boss to talk it through. Can't see them changing their minds though on appeal.

What the hell can I do to fight this?


Logged Out, Saturday, 9 April 2005 18:56 (twenty years ago)

Don't fight it -- cut your losses and move on elsewhere.

Colin Meeder (Mert), Saturday, 9 April 2005 19:04 (twenty years ago)

i think the CAB is yr first port of call for now. THe trouble is that its not just as simple as looking for another job, as prospective employers will want to know why you left yr last job, and if they contact your boss, they will presumably get a rather negative impression.

ambrose (ambrose), Saturday, 9 April 2005 19:05 (twenty years ago)

That's not necessarily true, Ambrose -- if the boss has it in for you, you'll often get a much stronger recommendation if you get the hell out of their quickly -- stick around and fight, or give them more opportunities to trump up charges against you, and you'll look worse.

Colin Meeder (Mert), Saturday, 9 April 2005 19:11 (twenty years ago)

There seems to be a lot of this about right now.

There do seem to be rather a lot of serious and/or work-related issues going about at the moment.

We have something rather similar going on at my office at the moment, although I'm not entirely sure what level of discipline has been imposed. The disciplined staff - and the "victim" - have been off work since the event; the management are deathly quiet, and have not said when - if ever - they will be returning.

caitlin (caitlin), Saturday, 9 April 2005 19:12 (twenty years ago)

Sounds familiar Caitlin - they suspended me on full pay and I'm not sure that I want to go back.

It's only the worry over my reference that's keeping me going on to appeal - plus I'm concerned that I could leave behind lies about me that I'll never be able to put right...

Logged Out, Saturday, 9 April 2005 19:39 (twenty years ago)

tuc and gmb websites have good employment law summaries.

Ed (dali), Saturday, 9 April 2005 19:43 (twenty years ago)

If there are people there who you don't like enough to keep in touch with after you leave, then it's not worth worrying about what they're saying about you after you've gone.

(my grammar needs some work, but I hope you get the idea)

caitlin (caitlin), Saturday, 9 April 2005 19:43 (twenty years ago)

If you can disprove some of what is said, and there is no proof beyond your accuser's word on the rest, it is worth fighting - their credibility will be seriously undermined if you can prove they are inaccurate or dishonest on some of it, as long as that is a reasonably significant part.

Martin Skidmore (Martin Skidmore), Saturday, 9 April 2005 19:46 (twenty years ago)


You must be logged in to post. Please either login here, or if you are not registered, you may register here.