i have worked there 18 years. yes it's ok to respond in the morning - round about 11am
good morning ben
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Many thanks for your patience and sorry for the slight delay, we missed each other this morning. Whilst I understand that you were inadvertently involved in this unfortunate situation, your boss would only be able to go on what he witnesses and if he saw you shouting without having seen the lead up to this, then he could easily assume that you were initially involved and that you have something to answer for. Even if you were innocent, you should have gone to see him in his office to clear things up and to explain what actually had happened. You should not have seen this as a penalty in any way and it would have just been a chat to clear the air. Of course all of this is easily said with the benefit of hindsight and now you must deal with the situation as it stands.
From a legal point of view a verbal warning is not an official warning as such and should not go on your record or be counted against you in any way. It is an unofficial warning where you are warned about your conduct or other issues in the workplace and the employer simply expects you to use it to ensure there are no repeats of what has happened. If there were further issues then they could have proceeded with a formal disciplinary where you are asked to attend a formal hearing and could be issued with a written warning, final warning or even be dismissed. However, this never went that far and the most important thing to ensure is that the verbal warning does not form part of your disciplinary/personnel file because if it did the employer should have taken you through a formal disciplinary procedure. This would have involved an investigation, a disciplinary hearing and the chance to appeal. However, for an unofficial verbal warning this is not needed, as long as it does not become an official part of your record.
You cannot be forced to apologise in front of others for what you did so the employer cannot issue a warning for that, but they can issue one for your conduct as it appeared at the time and the fact you refused to cooperate with them in this respect and explain what actually happened.
In terms of what you can do next, check to see if you will be allowed to appeal. If necessary, you can also consider raising a grievance, which is a formal complaint raised with the employer. After that, we are getting into more risky territory as you are next looking at resigning and claiming constructive dismissal but in the circumstances that would be a disproportionate step to take so try to resolve it without having to go that far.
just read your reply and i think some things are not quite as simple as i have made out. when the boss came up the stairs he did ask what was all the shouting about. to which i replied in the question to you. he also said keep it down - no mention of going down to his office at that point. it was only when my co-worker continued to argue with him - he doesn't like confrontation in front of the section - i must admit who does? by the time he said 'come down to my office' i was in the middle of the rest of my workload. i didn't really know what was happening and was wondering why i had to go to his office as well. this is why i said no because i was not arguing with him. i just kept on thinking that this is an injustice. please note that this worker has been arrogant and aggressive to all the section and has been in the boss's office quite a lot. the boss always says that he will deal with it . it looks as though he hasn't. she has been with the firm for 12 years and i trained her. does this in anyway make a difference to your first answer?
Not really, in the circumstances this would be a somewhat trivial issue, because regardless of what happened, it would be a reasonable instruction to go and see your boss in their office. This was not a formal disciplinary so you could not have argued that there was no formal notice, or lack of a formal procedure.
ok ben thank you
you are most welcome
i will rate you now