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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50914
Experience:  Qualified Employment Solicitor
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Kadare., I am a carer. I was given a written warning by post

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Hello Kadare.
My name is***** am a carer. I was given a written warning by post by my scheme manager regarding my absence from work 3 periods of sick in the last 3 months. My absence from work is a genuine because i have a doctors record at my surgery to prove it. There were no statements documents from my scheme manager regarding my formal written warning given to me to sign on agreement of this written warning and neither was i given a formal verbal warning to sign in agreement. This written warning will be dismissed after a period of 12 months provided that my conduct improves and i maintain a satisfactory standard of conduct of performance of sickness. My query is, is this legal fore to be on probation for 12 months because of a permanent injury that caused me to be absent from work and also is it legal for my scheme to manager to just post me a written warning without me agreeing or signing any documents to state that i am being warned and on whay grounds.
Thank you
Customer: replied 4 months ago.
My name on the written warning letter is spelled wrong as well. Is this letter valid?
Customer: replied 4 months ago.
I only signed the back to work interview document that every staff have to sign when we resume back to work and while on this interview i was told about my first informal verbal warning but no documents issued to me to sign on agreement. This was in January. From January till now i was absent from work twice only.
Customer: replied 4 months ago.
now i am issued a written warning by post without signing a document that states that i will be given a written warning and the reasons for my written warning. I am going to appeal against this and i would appreciate some advice on my argument
Customer: replied 4 months ago.
Hello are you there?
Customer: replied 4 months ago.
Is this for real? I've asked my questions like almost an hour ago, I've no answer yet

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

How long have you worked there for?

Ps: the reason you had not received a reply yes was because you posted your question at 4am when most people are asleep I’m afraid

Customer: replied 4 months ago.
Hello Ben, do apologise for the early morning request.
I was tuped over to this company since November 2016,my employment with the previous company was from October 2012.
Customer: replied 4 months ago.
I would rather receive answers to my queries through email. Thank you

Sorry I was offline by the time you had replied. If a written warning is to be issued, the employer should have taken you though a formal disciplinary procedure. This should have included a formal disciplinary hearing, you should have had the right to be accompanied and to appeal. Failure to have held a formal procedure means that the warning is likely invalid legally and can be challenged.

The first thing you need to do is appeal the warning on these grounds and, if necessary, raise a grievance. If these do not remove the warning, or at least prompt the employer to re-do the whole procedure properly and fairly. If they do not, you either have to accept the situation as it is, making your protest known, and then if they take further action and rely on the warning to dismiss you can consider unfair dismissal. Alternatively, you have to resign now and claim constructive dismissal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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