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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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On the 24th May, 5 individuals who work in the same

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On the 24th May, 5 individuals who work in the same warehouse were invited to attend a disciplinary meeting to investigate what they may know about the theft of company goods which keep disappearing from the warehouse. To date we have lost in excess of £10k worth of abrasive products. Each of them declined to have a representative present at the meeting with them. After a lengthy discussion the meeting was adjourned and reconvened 20 minutes later and the individuals were advised it was now a disciplinary meeting.
None of the individuals admitted to knowing anything about the continuing theft and the meeting was concluded. Due to the severity of the situation and the fact that the company simply cannot continue to right off stock losses for this sort of value - all 5 individual were issues with a final written warning.
I have received a letter this morning appealing against the decision by one member of staff stating he was "disappointed to be issued with a final written warning". As we have no evidence he has anything to do with the loss of stock he feels it does not warrant a final written warning. The fact the stock has gone and no one who works in the warehouse has seen or heard anything is a little hard to believe. The individual has asked for the warning to be lifted as he doesn't wish to have this hanging over him for the next 12 months. He has taken advice from citizen advice and the fact he is completely innocent is something he wishes to raise. None of the 5 people concerned contested or raised anything helpful in the meeting to help the company to stop or identify the individual/individuals concerned therefore we felt we had no alternative but to issue final warnings to all five as a company we can not tolerate or sustain the continued loss, with the right to appeal.
Since the warning was issued a couple of the warehouse staff have resigned and left and we haven't sustained any stock losses in recent days. I am prepared to sit down and hear the appeal but I feel that the warning should remain in place unless someone can offer any other information on their colleagues in order to eliminate themselves... would that be wrong to do that ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

When the employees were initially invited to the meeting, were they advised that it was a disciplinary meeting ahead of the actual meeting?

Customer: replied 1 year ago.

Yes the letter said ' invited to a meeting to investigate before disciplinary procedures commenced'

Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Hi sorry I had another follow up question which for some reason did not post - how long has that person worked there for?

Customer: replied 1 year ago.

No problem I appreciate your busy.

The gentleman will have 2 years service in July 2016.

Expert:  Ben Jones replied 1 year ago.

Ok in the circumstances you do not have to worry too much about this because he does not have sufficient service to take the matter any further at this stage. If he thought that you had followed an unfair disciplinary procedure or given him an unfair warning, then his only option to challenge this, apart from an internal grievance or appeal, is to resign can claim constructive dismissal. However, to do so he requires at least 2 years’ continuous service, which he does not have. He cannot just wait until he has that and then resign for something which happened a couple of months prior to that. So even if you refused to overturn your original decision his options are rather limited in terms of what he can do to take the matter further. So you are entirely free to hear the appeal but if you want to keep the warning then you may do so without fear of any legal repercussions.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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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