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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was given a warning saying that no further action would

Resolved Question:

I was given a warning saying that no further action would take place if no more occurances happened. I was then sacked following a grievance using the exact same reasons as I got warning for (same occurances ). Is this right?

Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long did you work there for and what were these occurrences?
Customer: replied 1 year ago.

I worked there since July 2001 and it was 3 occassions of office banter that was taken out of perspective.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response I am working in a tribunal today. I will review all the information given to me
and get back to you later in the day with my advice on how to proceed with this.
please do not respond to this as this may push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
If you received a warning then that would have been the end of the matter for the current allegations. This warning would have remained on file and could have been used in the future for a specified period should further issues occurred. So let’s say the warning remained on file for a year and within that period you were found guilty of further misconduct, the warning could be used as a top up to any new sanction you face and could mean that you go straight to a final warning or even dismissal. However, this should be as a result of new allegations, new acts of misconduct. You cannot be disciplined twice for the exact same offence, unless the employer has found new information which meant that their original decision is no longer relevant and they should then take you through a new disciplinary and give you the right to defend yourself again based on the new evidence.
So it all depends on whether the second time you were disciplined for a new offence (it could be of the exact same nature but on a different occasion) or the exact same offence as the first time, but based on new evidence that has come out since. If it was for neither of these, then you could challenge the dismissal on that basis. If the appeal was rejected your next step is to consider an unfair dismissal claim with the employment tribunal, which must be submitted within 3 month of the dismissal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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