24 months for a first and final written warning.

adam cool dude said:
That is a tricky one. The company I work for employs thousands so rules need to be followed and there are ways to deal with disciplinarys. A company with 6 people and the owners wife seems dodgy as is. Something like that would go down as corruption in our business alone (The owners wife being given a seniority role in big business without a fair interview).

I guess you could always take it to court but then your wife would have to leave after that anyway.
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I will have some of what he has been smoking please.

Adam, you seem to be comparing a big corporate to a small owner-run business. The owner can hire whoever the hell he wants, interview or not. It isn't "corruption". There is nothing at all "dodgy" about a company with such small numbers having the owners wife / husband / partner as part of the management team. As for court, this is a massive overreaction.

At the end of the day if it is such a small business then they can choose how long their written warnings last for. What the real issue is really, is did both parties do the same thing, what was that thing, and could they both be proven to the same extent. That would then explain if the fact they received a different sanction was justified or not.

Since the OP is not going to discuss that, it really makes the thread redundant.
 
Thanks for all the replys.
They were both accused of the same things but the other person admitted it all and even told them it was her and not my wife but they were not interested.

They produced no evidence at all just allegations and nothing to back them up with.
She has looked at the websites for both cab and acas but has not contacted them yet but found them useful as it would appear they have not followed the guidelines on the acas one.
 
They should have made an appointment for her meeting so that your wife could nominate somebody to support her in the meeting, it is her right. How long has she worked at this company, if it's under 2 years, then there's not much she can do tbh. If over 2 years she obviously has rights and the company have to be very careful about how they go about things. Things need to be followed by the book, i'm not sure whether this could be classed as 'constructive dismissal', where they are trying to force your wife to leave the company? Again, the best people she can talk to is ACAS, they know their onions!
 
Log everything in as much detail as possible. Quotes, times, letters, emails etc. Tell her to go off sick with stress - see her gp for written sick note. Contact an employment solicitor preferably outside of the location of work to see if there is a case based on all the evidence including having to be off with stress on the gps recommendation. If there is, proceed. It's likely they will just pay her off unless they are certain they will win. If there isn't, continue with the time off whilst looking for another job. It's likely they won't have followed the correct procedures.
 
Depends what the incident was.
I work with one of the nicest guys on the planet...

a fellow staff member started a rumour at he was abit gary glittery...

the nice guy banged him out...

After 20 years of employed and 0 warnings ..he went straight to a final written warning which came with a 12 month probation.

there was no camera when the incident happend
 
BowdonUK said:
What does a ban do?

For 24 months what happens?

I've never worked at a place that gives out official warnings.
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Say you make a mistake that is against the rules, breach of contract etc. You will get a warning kind of like points on a licence. Eventually if you are naughty enough you end up in a dismissal hearing. Although you can go straight from nothing to sacked depending on the severity of the action.

If you get a warning and stay clean for the time period your record is wiped clean for example.
 
https://brodies.com/binformed/legal-updates/expiration-of-disciplinary-warnings

The ACAS Code of Practice on Disciplinary and Grievance Procedures recommends that first written warnings should remain active for 6 months and final written warnings for 12 months. It also states that warnings should not remain active indefinitely unless the employee's conduct is very serious, bordering on gross misconduct. The EAT highlighted that these are guidelines only and that the time limit for a warning may be longer than 12 months if the nature of the misconduct justifies it. It also suggested that an employer might be permitted to extend the period of a warning following a later similar act of misconduct.
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24 months sounds very excessive and is leaving her employee open to unfair dismal.
 
String said:
Sounds like someone's been banging the owner.
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I hope i have misunderstood but could you please explain this.

My wife has decided to appeal but is aware it is a lost cause but you never know.
She is looking for a new job she says the atmosphere is toxic and she can no longer trust anyone there.
She is one of the older members of staff and this seems to have been caused by the younger ones.
She said most of this goes back to last year, she did ask why they had not dealt with it before and was told they had other things on their minds.
So it could have all been dealt with informally rather than this.
From what she has told me they take it as bullying if you don't say Good morning with a smile on your face.
 
Thanks for that i did misunderstand sorry.
I will speak to my wife and see if she will allow me to post what it is all about.
But based on the evidence they have failed to present i am pretty sure it is all made up or greatly exaggerated.
 
What a shame, my sympathies to your wife. If they've not presented evidence, what hope do they have if this went to a tribunal? Surely they need to be able to demonstrate the allegations are true especially for such an excessive penalty? Although the ACAS guides are not legally enforceable, it would look bad on the employer if they weren't followed. I'd be following the advice on going off sick etc. Sounds like a terrible employer. Good luck.
 
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