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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47367
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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... I was given a written warning because I had 3 short

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Hi ... I was given a written warning because I had 3 short term absences from work even though I ended up in A&E with breathing difficulties I tried to work these sickness days off around my days off so that I would have minimum time off as there were not enough staff at the time to cover shifts.The management said they had sent me a letter ,which didn't arrive so I was told they would give me a copy at the meeting which they did,mid meeting so I didn't read it until I got home.It told me that it was a formal meeting an that I had the right to take someone with me ... which I would have done had I known.There were two managers in the meeting one taking notes and on interviewing me.They didn't ask me to leave the room at any point and told me that I would get a written warning through the post... which I did the day after ...that didn't go astray in the post ???
In the letter I was sent confirming that I was being given a written warning it stated that I had 5 days in which to appeal and I did this ... putting the letter on my managers desk rather than posting it,so it did not get lost in the postal system.
That was on the 20/12/2114 and since then I have also sent her 3 emails which she has not replied to.
At New Year I posted a New Year greeting for my friends and family on my Facebook page .... my sister commented and asked me if I had heard about my appeal and in a tongue in cheek reply I told get that I hadn't and that myself and another worker had been sent a letter in the post which again hadn't arrived and said they were "a set of clowns" and that I would like to punch them,oh dear .... I know that it wasn't very nice ... I was just so frustrated with their treatment of me.
I have been to a meeting about my comments on FB which they got from a girls page who used to work with me but has since left (mine is set to friends only and has not got on it who my employers are) they had printed the pages off and have them in a file ... my friend is furious and considers this an invasion of her privacy and I agree with her.
After my meeting which was on Wednesday evening the manager told me that it was very serios and that I could be suspended or my employment could be terminated .... I asked her if she wanted me to go home and she said no so I asked again and again she said no.I went into work on Thursday night and don't go back while Monday night but I don't know where I stand and because they are refusing to answer my emails I am at a loss.
Can you advise me pleasevO would be very grateful.The company I work for are Anchor and the place I work is Trinity Fold in Halifax,West Yorkshire
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer: About 18 months
Customer: I have worked for them for about 18 months
Ben Jones :

What are you hoping to achieve in this situation?

Customer: I want them to treat me fairly and to answer my correspondence I don't particularly want to lose my job but I realise that I was wrong in what I said on FB however my FB account is for friends only
Ben Jones :

First of all you may have aimed any comments on FB at family and friends but you must remember that it is still a public forum and you cannot really expect any privacy on there so you must always be careful about what you post. So there is no invasion of privacy if the employer has managed to read these comments through legitimate means (in other words without unlawful access, such as hacking, which is not the case here).

Now, the issue in your situation is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So even if you are treated unfairly and have your correspondence ignored, there is little that can be done to change that from a legal perspective. You can raise a grievance but remember that the employer is able to dismiss you at any point now because you do not have the required service for protection against that. So bear that in mind when you decide on how to approach this.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: anyway thanks for your help on the fb thing I will be VERY careful in future ­čśé­čśé
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