Jamo

iTrader: (23)

hi all

Yesterday I made an honest mistake at work, not going into it all as its very boring stuff, but its a mistake anyone could make! Ive been doing this job for 4 years, and this is the first time its happened!

anyway, I recieved a warning because I was off sick for 3 months last year, "warning was due to company policy" I can accept that.

However because of that Im now looking at possible dismissal or final written warning for something that was definatly not done on purpose! I talked to a manager yesterday and he said theres a fact find on tuesday, and it looks like its definatly going to disaplinary (sp).

as per title, should I just bend over and take it? or is there anything I can do legally?

help pleeeasssseee

jamo

camk

no choice really but to take it, they obviously have a disiplinary process which will include an appeal process. Just tell the truth and hope for the best.

Chip

Anyone else made this mistake before. If so, what was the outcome of it.

Chip.

beemerboy

it all depends on what is was....

leaving the transport doors open on a ro-ro ferry can be a mistake anyone can make.....

more details, or stop whining..

harse but true ©2003CarpetCleaner
BB

Jamo

iTrader: (23)

I work in a bank, I told a customer her loan had been declined, and it was an old loan that she had applied for, I asked her if she had applied on the net, she said yes, i put 2 + 2 togeather and came up with 3. it was a loan she had applied for in january, and because i didnt check propperly. this is where i am at.

it really is an easy mistake to make.

james

chris's scooby

Try not to worry too much about it. We're all human after all.

Most of the staff in my local bank are total crap, right up to the point of "losing" a cheque i payed in. Never saw the money again.

They're all still working there!

Chris

milo

man that sucks.

people who work at banks make MUCH worse screwups than this with my accounts all the time. if u get fired for a simple thing like that, banks must have a near 100% staff turn-over rate.

especially as your first "warning" was due to the heinous act of getting ill!!! did u have a doctors certificate for that? does their company policy say that they'd rather have u at work, throwing up over the customers then than being at home recovering?

hope u keep your job.. and then you find a better one and tell them where to stick it

good luck

Jamo

iTrader: (23)

i was certificated, but they have a procedure in place that stated if your off for longer than 6 weeks, they must go down that route, stoopid or what, ive always said i hope i get chicken pots, cs id go in to work, and say that i feared for my job if i was of sick

thanks for the advice milo. im thinking the exact same to be honest!!

Warwick-hunt

i got a written warning for being off work when i was a postman, i caught the back of my heel on someones step and fell, resulting in a broken foot, when i got the plaster off i went back to work, i was called into the office and got the written warning,
i done exactly what milo says, i got another job,

Scoob99

iTrader: (1)

I take it you have no union?? As you say we all make mistakes, surely a verbal warning would be more in line, if you can get any union advice from some where i advise you to do that, and NO you should not bend over and just take it, Hope all goes well.
Cheers
Colin

John Catlin

Best look for a better job

J4CKO

iTrader: (1)

Are you in a union, the guy I work with is useless, complete waste of oxygen, f*cks up all the time and is being put through the HR depts procedures for underpeformance, anyway, cos he is in the union he can run them ragged, he goes off for months at a time and is now saying its cos he had to work in a room that didnt have a height adjustable chair, this apparently caused 11 weeks sickness (this time, there have been many other long absences) so basically if you are in a union set them on your employer.

Scoob99

iTrader: (1)

J4ACKO.........not all unions are like that M8

mart360

Dosnr most disciplinary stuff go on the lines of..

should a similar incedent occur this may lead to disciplinary action..


time off sick and a mistake are not similar..

anyway so what if you told someone there loan was declined..

tony blair told us there wouldbe no sleaze, and a vote on europe..

he lied and is still in..

mart

Gordo

chuck a sickie on the day of the disciplinary

fast bloke

you cannot be given a warning for time off sick if accompanied with doctors cert. Go to work on Monday, (or Tuesday) tell them you have been consulting with an employment expert and that you wish to have the warning withdrawn with immediate effect. If you fecked up this time you fecked up. If her loan was declined you did nothing wrong telling her that. You probably shouldn't discuss why it was declined, but regardless of that, I think you probably have them over a barrel after a warning for sickness. Remember - you live in a country where an employer can't ask for hard working people. - If your sickness was sporadic (one week at work, three days off) then they might be able to make a case, but if you were off fot three consecutive months then they are looking for a big pile of trouble

camk

Fast Bloke,
You are wrong, you'll find that it will be in the standard terms and conditions of his employment. So as long as they include the 6 week absence being a warning clause in the contract then its entirely legal.
I know as I've worked in a place with a similar ruling and saw numerous people getting the bullet as a result. They usually have an X number of absences clause per 6 or 12 month period as well and if you exceed it then you get a warning.

Dazza01

Make sure u transfer a million or so into my acct before you leave

fast bloke

Has anyone fought the case? We used to have a girl who took most Mondays and Fridays off sick. I wanted to give her a warning but our legal people told me I would be treading on thin ice. When we eventually fired her for running up a £1200.00 in three weeks on a client site, she took us to a tribuneral claiming we fired her because of her sick record AND SHE WON. (We had a standard clause in the contract saying failure to provide doctors cert when required was a disciplinary offence)

Suresh

Jamo, that's a rough deal mate.
Sounds like they just want to get rid of you and were looking for a "plausible excuse". I have seen people make actual six-figure ****-ups in the banking industry and get away with it scott free.

Is uk employement law really so bad that an employee can be fired for being seriously ill?? I am gobsmacked at the heartlessness of it if that's the case

Suresh

Wish

iTrader: (2)

What Bank is it ???

camk

You don't need a Dr's line for 1 day absences. If its in your contract that you will get a warning for > 6weeks sickness per year or for taking more than X absences then its in your contract.
You sign up knowing the rules and when they follow them you can do nothing. The majority of Industial Tribunial cases are lost becase there is no disciplinary process or its not followed correctly.
I'll bet in the case you mentioned that during the DP for the runnig up of expenses the sickness was also mentioned, unfortunately its not relevant as its a different issue. She then gets the bullet for expenses but also the sickness is percieved to have been taken into account and that part never followed the standard process, so she wins.

Barrister_was

Briefly, to determine the answer if one can be dismissed on grounds of ill health / illness, the ET has suggested that each case will be looked on its own merits, and whether the employer can be expected to wait any longer – and if so how much longer…(the ET will take into account the size of the employer, what the employee does etc). The employer MUST take any informed decision on basis of proper meditation. Perhaps that’s y Fast Bloke ur legal department told u not to dismiss your ex-employee.



CAMP is right where s/he, many of the cases in tribunal are won by the employee as proper produce is not adhered too.



No SURISH emp law is not that bad! J



Turning to Jamo: (I cannot advise u in regards to ur case as I am not aware of the full facts and I suggest u seek independent legal advice)



There are only certain occasions where the warnings procedure can start with a final written warning or dismissal itself.



In order to minimise the risk of the bank to be hit with a successful complaint of unfair dismissal / wrongful etc, the emr shld have a fair disciplinary procedure and also comply with it. The procedure should be found in your contract, or a clause should point out where to find it. The bank shld ensure all eee are aware of this. Does the bank have one??



The procedure shld specify that u may be dismissed without warning for ‘gross misconduct’. And shld give examples of it. But what is gross misconduct? This is objective.



I suggest u do not worry to much, wait and see what happens. If u require further in depth help u r wlocme to mail me.



Sry thread was so long!

sti555

update please...!

Have you bent over??, did it hurt??

PIXIEDUST

was it a verbal or written warning ,in most places they only stay on record for a certain length of time and you said the warning was last year.Ask your employer for a copy of their policy and procedures,find out if anyone has made a similar mistake as there can not be one rule for one and a different for someone else above all as some else said get in touch with your union DO NOT GO TO ANY MEETING WITHOUT REPRESENTATION.

Jamo

iTrader: (23)

nah, not bent and over and not intending on doing so either!

the meeting is tommorow.

the bit that really hurts is that I will lose my annual bonus if put on disaplinary and believe me ive worked my ganglies off for it, and it will be a big pay out, and i meen big!

just wondering if i throw a sickie every time its due, and see if i still get the payout? its meant to be in octobers salary.

its egg btw.

ive had 3 compliment letters this month alone!

so pissed off its unreal!

jamo

john_s

iTrader: (1)

As mart360 said above, to take a previous warning into account, it needs to relate to a similar incident.

Also, warnings are considered to only be effective for 6 months before they can't be used against you. We have been advised that it is good practice to state the period in a warning; along the lines of "should a similar incident occur within 6 months, further disciplinary action will be taken".

John.