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Final warning.

Employment and Discrimination Law

Final warning.

Postby caroljoyce » Fri Jan 13, 2017 8:25 pm

My son A is a delivery driver for a plumbing firm.
His manager has told him that a customer has complained about A making a racist remark and the area manager has been brought in and given my son a final written warning.
They won't say what he is supposed to have said or who it was who made the complaint.

The manager doesn't like him and it's possible he fabricated this to get A to quit his job & leave the firm.

If this is a genuine complaint, surely my son has a right to know who made the complaint & what he was supposed to have said?

Is there anything he can do?
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Re: Final warning.

Postby atticus » Fri Jan 13, 2017 8:50 pm

Your son should have a right of appeal. He should appeal, and request disclosure of the evidence against him.

See the ACAS disciplinary codes: http://www.acas.org.uk/media/pdf/k/b/Ac ... l-2012.pdf
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Re: Final warning.

Postby caroljoyce » Sat Jan 14, 2017 9:43 pm

Thank you atticus.
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Re: Final warning.

Postby Michael » Sat Jan 14, 2017 9:46 pm

a right to know who made the complaint


Normally yes, but an employer can ammonise the statement if they feel retaliatory action against the witness may occur if their identity is released.
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Re: Final warning.

Postby atticus » Sat Jan 14, 2017 10:48 pm

anonymise?
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Re: Final warning.

Postby Michael » Sun Jan 15, 2017 8:50 pm

atticus wrote:anonymise?



Yes . :oops: I thought I checked it in spellcheck .


Good thing someone can spell.
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Re: Final warning.

Postby Spankymonkey » Tue Mar 14, 2017 6:49 am

Do these ACAS codes of practise apply to all employees, or must you have worked for a company for a minimum period of time first?
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Re: Final warning.

Postby atticus » Tue Mar 14, 2017 7:44 am

Isn't the point that if you haven't worked 2 years* you cannot bring a Tribunal claim for unfair dismissal.



*Unless there is a reason such as discrimination why that time limit does not apply.
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Re: Final warning.

Postby Spankymonkey » Wed Mar 15, 2017 8:11 pm

atticus wrote:Isn't the point that if you haven't worked 2 years* you cannot bring a Tribunal claim for unfair dismissal.

*Unless there is a reason such as discrimination why that time limit does not apply.


So what remedy does someone have, who is sacked unfairly after six months of employment, for the type of thing the OP describes?
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Re: Final warning.

Postby atticus » Wed Mar 15, 2017 9:30 pm

None.
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