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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49860
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was issued a final written warning on 29th December. I received

Customer Question

I was issued a final written warning on 29th December. I received no prior warnings to this or any complaints internally or externally. Are they able to do this
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked the for?
JACUSTOMER-hach1mw6- :

I have worked for the company from April 2012 to current day.

Ben Jones :

It is possible for an employer to go from nothing to a final warning – the law does not require them to issue less serious warnings first, like a verbal or just a written one, before they move to a final warning. Whether they do this would generally depend on the nature and seriousness of the offence committed.

The ACAS Code of Conduct, which employers are expected to follow in disciplinary procedures, states:

“If an employee’s first misconduct or unsatisfactory performance is sufficiently serious, it may be appropriate to move directly to a final written warning. This might occur where the employee’s actions have had, or are liable to have, a serious or harmful impact on the organisation.”

So as you can see it is certainly possible to go t a final warning, just as it is possible to go straight for dismissal in the most serious of cases. If you disagree with the outcome of the disciplinary then you are able to submit an appeal to the employer. They should advise you of how to do this and the time limits within which it must be done when they confirm the outcome of the disciplinary. If nothing is forthcoming then you can contact them to ask for details of the appeals procedure.

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

JACUSTOMER-hach1mw6- :

Thanks Ben. When I looked up the appeal process it says they could resind their original decision which puts me off appealing. Also can I still appeal if I have handed my notice in ?

Ben Jones :

Hi, they could rescind their original decision but you do not have to stay there if you do not want to, even if the warning is removed or reduced to a lesser penalty. You may indeed still appeal even if you have handed in your notice.

Ben Jones :

Hope this answers your follow up queries

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hi, I have not hard back from you since answering your queries last week, can you please let me know if your question was answered or if you still need any further help from me? Thanks