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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Work have issued a formal disciplinary without a verbal

Resolved Question:

Work have issued a formal disciplinary without a verbal warning first. Is that legal? I also feel that I'm being bullied out of my job.
Submitted: 9 months ago.
Category: Employment Law
Expert:  taratill replied 9 months ago.

Hello my name is***** am a solicitor and I am happy to help you today. How long have you worked for your employer for?

Customer: replied 9 months ago.
Over 8 years but my previous boss sold out to a larger company about 18 months ago.
Expert:  taratill replied 9 months ago.

Did you transfer via a tupe transfer to the larger company?

Customer: replied 9 months ago.
No. The new company are abiding by my previous contract. I have never signed a new contract.
Expert:  taratill replied 9 months ago.

Ok thanks, ***** ***** original contract specify that there should be a verbal warning in all instances?

Customer: replied 9 months ago.
it does. It would be a verbal warning first.
Expert:  taratill replied 9 months ago.

Ok thanks.

Ordinarily an employer would not have to issue a verbal warning before going to a disciplinary hearing/ written warning. However if your contract specifies that procedure then your employer is in breach of contract and you can appeal against any disciplinary action or raise a grievance (if the disciplinary has not yet taken place) on that basis.

If you feel you are being bullied the correct course of action is to raise a grievance setting out your complaints. If things do not improve and you have no alternative but to resign then you may be able to raise a claim for constructive dismissal but this would have to be very much the last resort.

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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