How do you give a written warning?!

[divalou]

Hey!

I unfortunately have to give a member of staff a written warning after 8 months of being lazy, late and not turning up for work, lying about having epiliepsy and also coming in stinking of drink all the time. Also we think he's been nicking out of the till so Im just going through the procedure before I sack him!
Anyway, Ive got a template for a written warning but do I just give it to him or do I need to have a meeting with him to discuss whats in the letter??!?!?
Has anyone else had to do this?

Thanks
Lou

 

[divalou]

also, can you sack someone for lying about their employment - in this case he didnt leave his last job he was sacked for stealing which I just discovered

 

[Jen Smith]

You can be instantly dismissed for Gross Misconduct. Stealing is classed as Gross Misconduct.

However, if you have no proof of your employee stealing from you, I think you should tread carefully as you may lead yourself to a whole heap of trouble. I am not sure how you handle about him stealing from a previous employer, but I can of course understand why he didnt disclose this at his interview.

Good luck... sorry I don't have the answers for you :hug:

 

[Zo Zo]

Find out if your commercial insurance includes any legal protection - if it does there will probably be a helpline you can ring.

 

[Alibarr]

Just wondered if you'd given him a verbal warning before? This is usually done as a first reprimand. If a further misdemeanour occurs then its a written warning. Of course if there is more than one issue at the moment you could do verbal for the first and written for the second. Also, you must never state in writing that this person has been stealing unless they have been found guilty through the judicial sysem. I used to be an Adjudication Officer at the Jobcentre and Employers had to be asked to retract such statements due to libel and slander laws. This also means you cannot disclose what has happened if another employer asks you for a reference. If you are in doubt ring ACAS, they will advise you on the law and correct procedure. Good Luck

 

[Jen Smith]

Just wondered if you'd given him a verbal warning before? This is usually done as a first reprimand. If a further misdemeanour occurs then its a written warning. Of course if there is more than one issue at the moment you could do verbal for the first and written for the second. Also, you must never state in writing that this person has been stealing unless they have been found guilty through the judicial sysem. I used to be an Adjudication Officer at the Jobcentre and Employers had to be asked to retract such statements due to libel and slander laws. This also means you cannot disclose what has happened if another employer asks you for a reference. If you are in doubt ring ACAS, they will advise you on the law and correct procedure. Good Luck

Good advice Alibarr ... I am sure this will be very helpful to Lou's questions.

 

[oey]

Just wondered if you'd given him a verbal warning before? This is usually done as a first reprimand. If a further misdemeanour occurs then its a written warning. Of course if there is more than one issue at the moment you could do verbal for the first and written for the second. Also, you must never state in writing that this person has been stealing unless they have been found guilty through the judicial sysem. I used to be an Adjudication Officer at the Jobcentre and Employers had to be asked to retract such statements due to libel and slander laws. This also means you cannot disclose what has happened if another employer asks you for a reference. If you are in doubt ring ACAS, they will advise you on the law and correct procedure. Good Luck

I thought that verbal warning was no longer 'legal' and a written warning was now the first formal step.

Acas - Disciplinary procedure

Although from what you have said you perhaps have a case for gross misconduct.

I would recommend that you take further advice first - perhaps try contacting ACAS whose website shows the example procedure attached above. but dont just hand him the letter, arrange a meeting with him to discuss the matter.

 

['chelle]

BE EXTREMELY CAREFUL ABOUT THIS

Yes, in certain instances, you can dismiss an employee for gross misconduct without giving verbal and written warnings first, but you need to be absolutely sure that you have demonstrable evidence of the gross misconduct. You could so easily leave yourself liable for an Employment Tribunal claim by not doing this properly, people will tell you that this only applies when a person has been employed more than two years, but this just isnt the case. SOME claims can only be brought by a person who has been in continuous employment for 18 months, but many claims can be brought after the first day of employment. Do not leave yourself liable.

I'm not criticising anyones advice, but with such an important issue, do not do anything based on the advice of people from this site, we are beauty professionals, not legal professionals (well, I am although I'm sure the law has changed since I was in the profession so please dont take my word for it 100%). See an employment lawyer, and if I was you I would be asking a mod to delete this thread. If the employee you want to sack reads this and reaslises you are talking about them, they will have a Tribunal case based purely on this thread!

 

[roLLerGirL]

I can't talk for your industry but this is how I do warnings.

When you give the written warning, do it in a meeting, and make sure you have a third party (usually someone on your, or just before your level) with you. They don't need to say anything - they can just be a witness to the meeting.

Write two copies - one for the employee & one for your records. At the bottom of the letter put Signed by - your full name, position, and the employees full name, position & Witnessed by.

The employee can refuse to sign the letter, but that doesn't mean the meeting and warning has not taken place.

The Witness signs too so there is proof that this meeting took place.

Clearly state to the employee what the written warning is about. I would choose one thing - eg not showing up for work, or not performing job correctly, and stick to that for now.

Intoxication may be grounds for instant dismissal - check your legal advise or industrial relations department if you want to persue that line.

Good luck!

 

[suzie49]

Im not a 100% but I think the employee should be offered the chance to bring a witness in with him as well, as in someone that he works with... whereever I have worked if there has ever been any meetings like this that has been the procedure....Suze x

 

[shell28]

Im not a 100% but I think the employee should be offered the chance to bring a witness in with him as well, as in someone that he works with... whereever I have worked if there has ever been any meetings like this that has been the procedure....Suze x

yes they do have the right of a witness the witness cant speak or anything they are just there to make sure everthing is done how it should.

 

[fiona wallace]

As an employer, you can insist that the witness they choose should be another member of your staff or a union representative.

Please call ACAS, their helpline is fantastic:wink2:

 

[collin]

The employment act is a very complex one and requires very carefully consideration being made on every step along the route you take when it comes to disciplinary procedures.

The most important factor that employers seem to fall foul of is documentation.

Make sure you keep a diary of dates/times certain things may have happened or when you have discussed with an employee things they perhaps haven't done properly etc.

Documentation is particularly important when it comes to more serious disciplinary proceedings.

If you give a verbal warning write the date /time etc down with a description of the warning issued and make the reciprocate sign to say they have received the warning...

Don't get yourself in a position where it's "your word against theirs" as if it goes to an industrial tribunal they will expect you as an employer to have all this documentation and a full understanding of employment disciplinary procedures where as the employee is allowed to have made mistakes....

So be vigilant when dealing with such employment matters.

Make sure you have witnesses that are as independent and remote from you as possible...I.E. don't have a family member who works for you as a whiteness as the courts may take this less seriously as someone who simply works for you but is not connected closely to you.

Definatley ring Acas as they are there to help and are fully up to speed on current employment matters and are more than Happy to give you any advice required to enable you to deal with the employment issue you have running but within the employment act regulations.

One further tip...when interviewing staff have a full questionnaire sheet that they fill in..and ask questions like "have you ever been dismissed by and employer yes/no" "if yes what were the reasons"

Now it is important to ask as many questions that the applicant has to answer in written form as if they lie when interviewed and it is later proven as such termination of employment is far easier for you.

Dont be frightened by all this...if you do things correctly dealing with problematic staff really is quiet simple.:hug:

But remember an employee is allowed /expected to make mistakes however an employer is not so be carefully

 

[divalou]

thanks for your advice, I have got a written warnming template which I have started writing out, I'll just have to make sure what i put in it is ok and truthful, I think attendance and punctuality is more than reason enough for a written warning when he has had lots of time off, been late many times, been allowed time off for "personal reasons" etc and when informally spoken to about his punctuality, hasnt changed his behaviour.

Am I within my rights to ask for proof of his "Epilepsy"? If it turns out that this is a lie (which I know it is), will this be classed as Gross Misconduct?

Can I contact his previous employer to find out if/why he was terminated? Can this go towards Gross Misconduct or further Disciplinaary Proceedings?

Alsio, I spoke toi ACAS about his suspected stealing at work and she recommened I do an "investigation" into it. Any idea how I would go about it, and does it actually have to PROVE that he's stolen from the till/other members of staff's bags before I can sack him?

Alkso, he has only been with us 8-9 months and hasnt been issued with a contract. Do you suggest I do this ASAP before he has been with us 12 months?

Thanks

Lou

 

[collin]

Am I within my rights to ask for proof of his "Epilepsy"? If it turns out that this is a lie (which I know it is), will this be classed as Gross Misconduct?

as an employer you have a right to request an employee visits a doctor of your choice to verify an ongoing illness and employee is claiming as a reason as to why he/she is off work for lengthy or ongoing periods.
I woud highly reccomend you inform this individual of your wishes that he is seen by your own doctor to verify the illness.
i think you will find that if you do this he will either leave or suddenly be in work far more than previously
Good luck:hug:

 

[Lil Linz]

Also, I spoke toi ACAS about his suspected stealing at work and she recommened I do an "investigation" into it. Any idea how I would go about it, and does it actually have to PROVE that he's stolen from the till/other members of staff's bags before I can sack him?

Where my mum works, there was a lad who got sacked for stealing a few years ago. The managers noticed something was going on from the start, so they got a security camera fitted above the till (pointing downwards) and covered it with a dummy smoke alarm, and kept it there for 3-4 months. In that time, it showed him taking money out the till every weekend, so they had enough evidence to dismiss him, eventually after they had gone through all the legal stuff.

Also, could you get lockers for your staff to keep their bags in?

 

[sam28]

thanks for your advice, I have got a written warnming template which I have started writing out, I'll just have to make sure what i put in it is ok and truthful, I think attendance and punctuality is more than reason enough for a written warning when he has had lots of time off, been late many times, been allowed time off for "personal reasons" etc and when informally spoken to about his punctuality, hasnt changed his behaviour.

Am I within my rights to ask for proof of his "Epilepsy"? If it turns out that this is a lie (which I know it is), will this be classed as Gross Misconduct?

Can I contact his previous employer to find out if/why he was terminated? Can this go towards Gross Misconduct or further Disciplinaary Proceedings?

Alsio, I spoke toi ACAS about his suspected stealing at work and she recommened I do an "investigation" into it. Any idea how I would go about it, and does it actually have to PROVE that he's stolen from the till/other members of staff's bags before I can sack him?

Alkso, he has only been with us 8-9 months and hasnt been issued with a contract. Do you suggest I do this ASAP before he has been with us 12 months?

Thanks

Lou

You also need to send him a letter to invite him to a meeting for the written warning and advising him to bring a representative with him if required. As for catching him out mark your notes with pen each day discreetly and keep checking the amount and catch him out that way (ie. ones missing check his bag/pockets etc). His previous employer is not allowed legally to say anything negative about him unfortunately. They can answer yes or no to your questions but cant "slate" him. You may get more detailed info through a phone conversation with the previous employer on the Q.T. as it were but how will that help your situation now ? Get plenty of advice because sacking someone or trying to sack someone can end up in thousands of pounds of expenses if they go to a tribunal and definitely make sure you are covered insurance wise. Sounds like you have a good case for gross misconduct with the drinking and stealing. Once he receives his written warning chances are he wont bother turning into work again. Another idea is if he doesnt have a detailed contract, cant you cut his hours (if his hours arent in writing) down as much as you can to force him out ?? Best of luck xx:hug:

 

[sam28]

You also need to send him a letter to invite him to a meeting for the written warning and advising him to bring a representative with him if required. As for catching him out mark your notes with pen each day discreetly and keep checking the amount and catch him out that way (ie. ones missing check his bag/pockets etc). His previous employer is not allowed legally to say anything negative about him unfortunately. They can answer yes or no to your questions but cant "slate" him. You may get more detailed info through a phone conversation with the previous employer on the Q.T. as it were but how will that help your situation now ? Get plenty of advice because sacking someone or trying to sack someone can end up in thousands of pounds of expenses if they go to a tribunal and definitely make sure you are covered insurance wise. Sounds like you have a good case for gross misconduct with the drinking and stealing. Once he receives his written warning chances are he wont bother turning into work again. Another idea is if he doesnt have a detailed contract, cant you cut his hours (if his hours arent in writing) down as much as you can to force him out ?? Best of luck xx:hug:

BTW, I wouldnt mention the epilepsy because if he has suffered in the past it will look like harrassment. x

 

[rouge]

Another idea is if he doesnt have a detailed contract, cant you cut his hours (if his hours arent in writing) down as much as you can to force him out ?? Best of luck xx:hug:

I think this may be classed as constructive dismissal. You don't want to end up in trouble for that!

 

[sam28]

I think this may be classed as constructive dismissal. You don't want to end up in trouble for that!

No not at all, she's not dismissing him