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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61145
Experience:  Qualified Solicitor
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My son ,who has ASD has worked over nine years with the

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my son ,who has ASD has worked over nine years with the local cinema and has recently been told he faces a year's written warning regarding careless work and pour effort at work.He doesn't recall any verbal warning.He has to reply within 5 working days .Does he have any comback ?We would appreciate any advice.My son is aware that i am writing to yourselves
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: No union for part time workers although he has been employed for over nine years This is in a cinema in a small town in Co Down in NI
JA: Anything else you want the Lawyer to know before I connect you?
Customer: NO

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

What has his employer based this on?

Customer: replied 8 days ago.
The current warning is regarding his till being £5 over as he forgot to give the right change back to the customer. There are 2 other incidents: 1 regarding a manager's complimentary being given to the customer instead of a standard ticket, the other is another cash discrepancy where his till was under £20. This written warning is only in connection with the first incident (the £5 over).

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 8 days ago.
We could not afford £44

Was he taken through a formal disciplinary hearing?

 

Customer: replied 8 days ago.
yes

ok thanks. First of all, there is no requirement on the employer to have issued a verbal warning, before they go on to issue a written warning. Often, the written warning would be the first step in the disciplinary process.

 

At this stage, all he can do is appeal the warning and tell them what he disagrees with in terms of the original decision. Perhaps also challenging the length of the warning considering the allegations – it may be that it should have been shorter, for example 3-6 months.

 

But overall, apart from the appeal, that would be as far as he can take it internally. He could consider raising a grievance but the appeal is still the correct way to challenge them. Anything else would require him to either be dismissed or to resign so I would presume he does not want to go that far.

 

Does this answer your query?

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Customer: replied 4 days ago.
Helpful pointed us in right direction

All the best