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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50209
Experience:  Qualified Employment Solicitor
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I have been given a written warning in work. Lies were told

Customer Question

I have been given a written warning in work. Lies were told and lies were put into the warning letter.
Any advice?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long have you worked there for? Please note I am about to travel home so will reply as soon as I am back, thanks

Customer: replied 11 months ago.
HelloThanks for responding.I have worked there for nearly 8 years. The reason I feel for getting the warning was very unfair and things were lied about I feel were in order to bulk up the warning
Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. As far as dealing with the warning, from a legal position your first option would be to appeal that and hopefully it should go to someone new and not involved with the process so far to deal with. Once the appeal process is complete, and assuming that it was unsuccessful, you only have a couple of options really.

One is to consider raising a formal grievance with the employer over what has happened. Some employers may consider that to be unsuitable because you have had the chance to appeal the outcome so they may potentially refuse to hear the grievance.

In any event, apart from the grievance the only thing left for you to do is constructive dismissal. However to pursue this would require you to resign first. Just to explain how constructive dismissal works, it occurs when the following two elements are present:

{C}· Serious breach of contract by the employer; and

{C}· An acceptance of that breach by the employee, who resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. The conduct relied on could be a serious single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

If resignation appears to be the only option going forward, it must be done in response to the alleged breaches (i.e. without unreasonable delay after they have occurred). Whilst not legally required, a resignation would normally be with immediate effect and without serving any notice period. It is also advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you are to issue a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 11 months ago.
I wasn't given the option of having a witness present for me and wasn't given any notice of getting this warning.
Also the management present acted unprofessionally towards me ie: smirking
Expert:  Ben Jones replied 11 months ago.

ok procedurally this appears to have been dealt with incorrectly - you should have been given prior notice of the allegations and given the opportunity to prepare a defence. You also had the legal right to be accompanied at any disciplinary hearing by a colleague or a trade union rep. However, the fact that an incorrect procedure has been followed does not change the way you can challenge this and the options mentioned earlier would still be the only ways you can pursue this. Hope this clarifies?

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks