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Appealing against my Final Written Warning?

Category: Law & Legal

koolbanana2004koolbanana2004


I work in a parts department which handles cash on a daily basis. A few weeks a go one of our drivers handed me a sealed envelope containing £32-60. It was a cold day and i had my jacket on, i dont remeber doing it, but i placed the envelope in my jacket pocket - and obviously forgot all about it. On Monday this week, we weree checking outstanding unpaid cash invoices, and low and behold this one popped up. I didnt remember it, so we asked for proof of signature as to who received the money - it was me. I checked my work station, and it was not there. On checking my car, i found my jacket, and in the right hand pocket, was the envelope, still sealed with the money intact. I returned the sealed envelope to my manager and we proccessed the invoice. On Wednesday i was in a disciplinaryt hearing and told i may get a final written warning. Today i received it. I feel this is extremely harsh and do not feel this is justified. I have informed HR i will be appealing this decision. Do i have grounds for an appeal? Help please, as i am aware of worse things going on within our dealership and no action has been taken against them. I feel very hard done by.

Many thanks

Jabberwocky
Jabberwocky

In my view I'm afraid that you don't actually have any grounds for appeal against the warning. Any company would treat what happened in the same way. However, I would recommend that you write a note to HR accepting the warning, explaining that it genuinely was an oversight on your part and pointing out that you returned the money with the envelope sealed as proof of this and ask that this be recorded on your file. This way you will look professional about it. But appealing? No, sorry but you did keep company money and the fact that it was an accident doesn't change it from a disciplinary point of view.

Age of Reason
Age of Reason

Of course it was justified. You mishandled company funds.

Al Zymer
Al Zymer
Jane
Jane

As already advised, contact ACAS, as it might be the company has not followed procedures regarding disciplinary action.

Having gained the right advice, it may be that this will be regarded as gross misconduct- I am not best placed to advise whether this will prove to be the case. Whatever occurs, knowing that other incidents have take place within the company may not help in your defence unless you have actual proof that you are being singled out.

This sounds like the kind of oversight that could happen to anyone, but unfortunately it is taken seriously in any company as a breach of security.

I wish you the very best with this situation, and that you'll be able to learn and move on whatever hapens next.

Tax Doctor
Tax Doctor

Like most cases like this a common sense approach should be adopted. Of course there are grounds for appeal but these grounds may relate to the issuing of disciplinary action as opposed to the actual content, i.e the error you made.

Disciplinary procedures are clearly defined and must be followed and generally start with a letter from management outlining the allegations made against you and also informs you of a time and date of the hearing and also must advise you that you are allowed to have someone present with you, usually either your union rep or another colleague. Failure to supply this notice to you are grounds for appeal.

However, the oversight you made is tantamount, usually, to gross misconduct, and with a lack of a common sense approach from management, they may well be within their rights to issue a final written warning. Unfortunately for you, if procedure has been followed and management are unwilling to reconsider their ruling, the only mechanism open to reduce this penalty to, lets say a verbal warning, is appeal.

The mere fact you are aware of other goings on is irrelevant and an unwise avenue to go down.

Look back at how this arose, what actions management took, i.e the disciplinary process and what will be the content of your appeal. If it is as stated, it still seems to me that management used their discretion unwisely and sanctioned you too harshly. Of course if there is history of events, not necessarily similar to this and warnings have previously been issued to you then the sanction may be justified.

Thanks

Tax Doctor.


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