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Ask Senior Partner Your Own Question
Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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I have just bee through a disciplinary process at work and

Customer Question

I have just bee through a disciplinary process at work and was given a final warning I appealed the decision and the appeal hearer rejected my appeal she also said her decision was final.
My concern is her decision had not rationale nor did she show any evidence against my dispute her only consistent response in the letter was that she could not go into specific detail.
I don't believe I was given a fair hearing by the appeals hearer what action can I take if she has told me her decision was final and concluded the banks process
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi thanks for the question. If you have appealed and failed that is normally the end of the process with most employers. You could if you felt strongly enough that the treatment at appeal was completely unfair is either to file a grievance about you treatment or resign and claim constructive dismissal. Generally I do not suggest that. Didi you take someone with you to the appeal ?

what was the conduct that led to a final warning ? Had you ben through a disciplinary before? How long have you been there?
Customer: replied 4 years ago.
I have been there 7 years 3 months my lateness and other conduct issues led to the the disciplinary every thing was thrown out aside from 4 occasions of me being late one due to a ibs condition I have which the bank is aware of the second adverse weather conditions and two other ocassioms at 3 minutes each
I was told on the appeal the ibs condition was not used against me but it was and the other 3 late ocassions led to the final warning.

I stated that I was being victimised in the disciplinary as I had evidence other members of staff in my team were consistently late yet no action was taken . In the disciplinary I was told this had been investigated and action was taken With other staff I have evidence it was not yet they never provided this in the hearing or the appeal just had taken my managers words.

Non of the answers in the appeal decision was back up yet I has evidence that was provided. I also stated the disciplinary process was not followed and they upheld this yet said the decision stood. I am able to provide documents of the disciplinary my appeal and the appeal hearing response my entire team feel I have been treated unfairly.

the appeal hearer was also not independent as she was a manager in the same building as my manger and the disciplinary manager and are all familiar with each other
Expert:  Senior Partner replied 4 years ago.
It seems some what harsh to get a final warning for minor absences. It does seem that there may be other reasons behind this. Perhaps they are just using the absences. I suggest two possible courses. First keep a record of lateness by other members of staff and if there are staff members who are late more than once , then you can use if any further action is taken . In an unfair dismissal claim you could require disclosure of what disciplinary action has been taken against other members of staff ho were late.

File a grievance if you have evidence that proper procedures were not followed. Is there someone higher up in the bank HR you can complain to? It does seem very odd that 3 minor instances of being late should lead to a final warning if you had no previous disciplinary action against you.