Should there be a verbal warning before i receive a letter for a disciplinary hearing?

Question

I work for a company in London and have just received a letter stating I have a diciplinery hearing on 3rd Sept-relating to sick days off. I have never been given any verbal warning before.The bradford factor is being used in my company.And I know there are my colleagues who have been sick for more days than myself. please, should i have been warned orally before a disciplinery hearing? Help.

Answer 1

they should give you a verbal warning first, then a written warning!

Answer 2

Check your contract of employment first. It really depends on what the disciplinary is for, if gross misconduct, then no.

Answer 3

The letter is not a written warning!  It's a notification of a disciplinary hearing.

Once the hearing has taken place they may give you a verbal warning.

Answer 4

no how do you know that after your hearing they may give you a verbal warning.

the fact is they don't by law have to do anything but treat you fair if they feel your misconduct was so bad you can be sacked with out any warnings, all the law says is they must treat you with in reason so in fact your firm are doing it by the book

Answer 5

YES!! A verbal should have been issued first, then written, then FINAL (which is usually you're out of the door).

IF, however you've been taking the p**s and had a lot of days off "sick" eg to watch football, or cricket etc, then they have every right to go straight to written or even dismiss you. If your sickness was genuine, then they are in the wrong, and in breach of UK employment law. Are you a union member by any chance?

Contact ACAS (www.acas.org.uk) BEFORE your hearing and get them to help.

When you talk to anyone in your company about this make sure you have an independent witness (one you can trust with your life) present so that neither side can say the other said something they didn't.

If you go into the hearing armed to teeth with info and give them the grilling, they most likely will back down. KNOW your rights to the full and use them.

I'm afraid I have a deep dislike of middle management as most of the ones I see get there by brown nosing rather than merit (BTW I'm M.D. of my own company).

Many is the time I've told petty managers to shove it and walked away from their arguments, mind you I am 6'5", 230lbs and I've never been afraid to speak my mind.

Also try Free Help W/ Employment Law Issues! 24 HR Advice On 0800 097 0321

Fear no man, they're not worth it.

Answer 6

No. This is just a hearing. The company may impose a verbal warning or a written warning after the hearing. It depends how seriously they view the matter. However, they must act consistently and reasonably.

Answer 7

There is no requirement in UK employment law to issue a verbal warning before an employer instigates the disciplinary procedure. You have the right to be accompanied at the hearing and will also have the right to appeal if it goes against you. If in doubt ring the ACAS helpline.

Answer 8

They have given you written notice of a disciplinary hearing.  All this means is that they are giving you advance notice of a meeting to discuss your absences.  Following the disciplinary hearing your employers will consider all of the factors before deciding on action.  After the hearing they may decide to issue you with a verbal warning or nothing at all.

To clarify - the action taken will only be decided and confirmed after the discplinary meeting has taken place.

Answer 9

Most companies now operate the following policies which is classed as good practice.

1) verbal warning (although normally you get it in writing that you have had such)

2) written warning

3) 2nd written warning.

3) Final written warning or summary dismissal.

The problem you have is what you can actually do about it. Unless you have union membership or someone to back you up there is probably very little apart from appeal against the disciplinary hearing once it takes place. Your company should have a policy for this.