Appeal against written warning

D

docker

Registered User
Messages
73
Hello, my brother received a written warning in work due to customer complaints received. It transpired the all bar one of the complaints were not related to the work my brother completed but to an issue in the product the company was providing. The company is also disputing the remaining customer complaint with the customer advising the customer there is no case for the company to answer.

In the meantime my brother has received a written warning. He has appealled the warning as he outlined he was not at fault. He was advised by the company he can have an appeal. The appeal is a meeting with his direct manager and they can each bring an external representive to the meeting. My brother was advised his manager is bringing his sister, a barrister, as his representive. I find this a little unusual? And am grateful for any thoughts or advise??

It's a small company with aprox 12 employees. My brother is employeed there 2 years and has never had any noticed regarding his work proformance in the past. He has never had an employee contract provided. Nor are there any notified company polocies on any topics, grievance and disciplinary procedures or other. Am gratefui for any advise offered.

Many Thanks,
 
docker said:
Hello, my brother received a written warning in work due to customer complaints received.
Click to expand...
What were the nature of the complaints?
docker said:
It transpired the all bar one of the complaints were not related to the work my brother completed but to an issue in the product the company was providing.
Click to expand...
Is the company itself of this view? Are they just issuing the written warning on the one complaint that does implicate your brother?
docker said:
The company is also disputing the remaining customer complaint with the customer advising the customer there is no case for the company to answer.
Click to expand...
Doesn't make any sense. Please clarify.

docker said:
My brother was advised his manager is bringing his sister, a barrister, as his representive. I find this a little unusual? And am grateful for any thoughts or advise??
Click to expand...
You/he are more familiar with the situation. What are your thoughts on why his manager is bringing a barrister to the appeal? Reading between the lines, does that signal some intent on their part?

docker said:
It's a small company with aprox 12 employees. My brother is employeed there 2 years and has never had any noticed for on his work proformance in the past. He has never had an employee contract provided.
Click to expand...
So - no annual reviews whatsoever? I would imagine that despite the absence of a contract, he is in effect, a permanent employee if he has been there for over 2 years - in the eyes of the law.

docker said:
In the meantime my brother has received a writted warning. He has appealled the warning as he outlined he was not at fault. He was advised by the company he can have an appeal.
Click to expand...
So he was never provided with a written disciplinary procedure and/or code of conduct? Hopefully others here can clarify this - but I would imagine this is something that he can make use of - if things escalate.

docker said:
I find this a little unusual? And am grateful for any thoughts or advise??
Click to expand...
Your brother would have a better insight into what the 'intent' is here - on the part of the employer. Could it be that they have a plan in place as regards what role your brother is to play in the company from here on in? ...OR...given that it's a small company, perhaps they themselves are a bit intimidated by the situation and are not accustomed to this type of thing - hence the barrister? Perhaps your brother should bring a solicitor along - but don't introduce him as such - just introduce him by first name - and don't allude to his profession.

How negligent is your brother on the one particular complaint that you mention? If not negligent, how easily or otherwise, can he demonstrate and prove that?
 
Last edited:
Presumably no union membership/representation available either?

Perhaps he could get some advice from [broken link removed]
 
Seems strange that the manager would have an external representative at the meeting. Surely the manager is representing the employer?
 
I'm thinking of an earlier subject where the manager was trying to acquire information on tackling a lethargic employee. The subject here appears to be the opposite and the employee has problems with the manager.

The manager must be "some" guy bringing a barrister (albeit his sister)to a minor company procedure on which a simple conversation would have solved the problem in the first place.

Let's assume the employee is performing well and carrying out company procedures. I'm certain that the directors/owners of the company would be satisfied with the employee's performance. Then the manager is the problem and I think he/she feels that bringing a barrister to the table will intimidate or impress other parties.

Then let's assume the employee is in the wrong and occasionally falls down on the job. A simple conversation should resolve the matter. Still bringing a barrister into play is crazy.

If it were me and assuming the wages are not great or the job had little prospects I would be out of there on first opportunity barrister or no barrister.
 
Are you sure your brother is telling you the full story. It all seems very heavy handed.

How is the company performing (I am thinking of a long road to constructive dismissal here)

He should consider bringing his own legal representative.
 
Something very strange is going on here. Firstly there is an employee who has no contract, no employee handbook, policies or procedures.
Is there a union?

Then he gets a written warning. What about a quiet word in the office or even a verbal warning?

Next they jump into involving a barrister. Seems like scare tactics to me leading up to something else.

Has he worked there for over 2 years?
 
You must log in or register to reply here.
Menu
Log in
Register