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Written Warning Received - Appealled - Employer Now Ticked Right Off

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  • Written Warning Received - Appealled - Employer Now Ticked Right Off

    Hi everyone

    Wandering if someone can give some advice

    My friend has been working for a 'friends' family as a carer at the patients home for the past 5 years with an exemplary record. The person has Alzheimer's and is now bed ridden. She works part time and is salaried. One employee who also happens to be the grandson stays overnight most night in the home and is consistently caught out by other staff for not pulling his weight and completing his duties during his shift leaving others to clear up/cover for him. Each time a member of staff has completed their shift, an update is placed in a book/log. One day, my friend was so exasperated with cleaning up yet again after this person, she left a sarcastic message which family members, who are the employers took umbramce to. The second issue they have is the patients hair are. She has extremely short Afro hair which they want styled to a certain standard. My friend received a warning for,


    1. Leaving sarcastic comment in the book
    2. Not styling the hair like Viddal Sassoon


    My friend was summond to a disciplinary hearing (no preliminary investigation, strait to disciplinary) and the points about the comment in the book and hair was raised

    Can they go straight to a disciplinary without an investigation and can you receive a disciplinary because you can't style hair to a certain standard? My friend has written a kick ass appeal, they have written to her saying they want another meeting about her appeal letter. All the panel are family members with no HR as such. She feels totally bullied and pressurised

    Sorry to ramble on, theres a lot more but this is the basic gist of things happening
    Last edited by Littleface; 14th November 2012, 17:19:PM.
    Tags: None

  • #2
    Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

    I am bumping this thread for one of our Employment Law experts to look in and advise you.

    :bump:
    Life is a journey on which we all travel, sometimes together, but never alone.

    Comment


    • #3
      Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

      Thank you

      Comment


      • #4
        Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

        straight to full disciplinary with no fact finding
        Not styling the hair like Viddal Sassoon is she a trained stylist
        not given the right to be accompanied at the disciplinary meeting

        how much time elapsed from when they found the comment in the book to the disciplinary meeting

        i wish every one of my disciplinary cases were as easy as this one

        what was the sarcastic comment may i ask and i will judge it on its merits

        Comment


        • #5
          Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

          It's crazy I know!

          The daughter, who is the manager happens to be talented at doing Afro Caribbean hair, my friend used to manage to style it in 'corn rows' (Bo Derek) style before the patients hair started to fall out. The hair was longer when she started but is now roughly 1.5" long and is very difficult to style. The daughter can still do it but not my friend, this was part of the written warning!!!

          My friend is going to email what she wrote in the daycare book but it was something along the lines of, 'I am not here to clean up after other staff members' meaning she was fed up of having to finish up the work the grandson should have done before starting her shift in earnest. She concedes she should have been more professional in what she wrote but was exasperated as the manager allows her son to get away with anything.

          No investigation was done prior to the disciplinary, in fact, when she attended the meeting, she asked if it was a disciplinary or a meeting and was told it was a disciplinary straight out

          Comment


          • #6
            Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

            well if she is dismissed then the dismissal would be unfair and unlawful

            all this needed was a quiet word in the ear of your friend

            it seems she is clued up on employment law and has appealed their decision
            when is the appeal, i do hope it is in within 2 weeks of the request

            any problems, questions then please ask, i am allways on the forum

            Comment


            • #7
              Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

              Thanks. She has appealed hence me posting. They want another meeting to question her points. She feels there is no need as surely the decision they made was on the 'evidence' they already had. Her appeal highlighted the processes they made were wrong and biased etc. she feeling harassed and bullied by them now.

              Last two questions, she was told a decision would be made in 7 days, she received it after 9 days although the letter was dated 5 days after the hearing, is this now null and void?

              Can she refuse to attend the 2nd meeting to go through her appeal?

              Comment


              • #8
                Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

                Last two questions, she was told a decision would be made in 7 days, she received it after 9 days although the letter was dated 5 days after the hearing, is this now null and void?

                Can she refuse to attend the 2nd meeting to go through her appeal?

                the decision length is fine, i take it she was not on suspension so no monetary loss
                (please confirm)

                she has to attend the appeal meeting, it will be seen as unreasonable if she does not. anyway, she has done nothing wrong to warrant a disciplinary meeting let alone an appeal

                Comment


                • #9
                  Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

                  Thanks yet again. No, she was not suspended. I'll advise her to attend the appeal hearing.

                  You rock!

                  Comment


                  • #10
                    Re: Written Warning Received - Appealled - Employer Now Ticked Right Off

                    Comment

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