Page 1 of 2 12 LastLast
Results 1 to 10 of 20

Thread: Anyone who knows anything about disciplinary hearings & procedures .... cans & cants?

  
  1. #1
    Status
    Offline
    Kev.'s Avatar
    AOC Obsessed
    Join Date
    Jul 2007
    Posts
    9,820
    Mentioned in
    3 Post(s)
    Quoted
    7 Post(s)

    Anyone who knows anything about disciplinary hearings & procedures .... cans & cants?

    Question: Can your employer, or whoever is shafting you with a warning, refer to previous warnings you received >IF< (& this is the important bit) you have served your time?? Note: your warning duration MUST have expired in this case.

    Example:

    You get a warning 1-Jan-09 for leaving work without permission. It lasts 12 month.

    I know your employer (in this case) could refer to it throughout 2009, but could they for e.g. refer back to it in say, March 2010??









    As a side question: is it against some kind of employment law or whatever, for your employer to totally slate you in a reference for another employer?

  2. #2
    Status
    Offline
    DrewWhelan's Avatar
    AOC Obsessed
    Join Date
    Jul 2007
    Posts
    2,445
    Mentioned in
    9 Post(s)
    Quoted
    6 Post(s)
    AFAIK they can refer to it as it forms part of your disciplinary record, but they shouldn't be able to escalate it.

    However I have known cases of the same level of warning being issued twice in a certain period one after another, eg. 2 verbal warnings.
    Both having expired and the next level of warning being used as the previous level had been "ineffective"

  3. #3
    Status
    Offline
    bhalay207's Avatar
    AOC Obsessed
    Join Date
    Sep 2009
    Posts
    1,943
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    In theory once you have served the time on file they cant refer to it as its been dealt with and has now expired, thats my understanding of it anyway. As for your reference it is against the law to plate you in a reference. The employer can refuse to issuse one, or write neutral comments but they cant outright slate you! Hth.
    Op-Com (Derby), Can travel at extra cost, PM me for details or click HERE

  4. #4
    Status
    Offline
    mk4_sport's Avatar
    AOC Regular
    Join Date
    May 2004
    Posts
    221
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    Quote Originally Posted by Kev_83 View Post
    As a side question: is it against some kind of employment law or whatever, for your employer to totally slate you in a reference for another employer?
    Pretty sure that they cant slate you but they are allowed to refuse to give you a reference which in itself would raise suspicion to a future employer.
    Mk4 Sri-T with Milltek resonated cat-back exhaust

  5. #5
    Status
    Offline
    Kev.'s Avatar
    AOC Obsessed
    Join Date
    Jul 2007
    Posts
    9,820
    Mentioned in
    3 Post(s)
    Quoted
    7 Post(s)
    Reason i ask is there's a bit of childish nonsense happening at work at the moment.

    Last year i was accused of leaving without permission. Mid-October. There were no grounds for the accusation because it was just some lad trying to land me in the shit as we didn't get along. As the company couldn't just drop it, they said it would stay on my file a period of 12 months - Somid OCt 2009 it should be wiped i assume?


    With referring to - i remember my dad telling me someone at his place was on a warning & served their time. Then they got done for the same thing & the bosses tried referring back to it & IIRC he told me the union fella stepped in & told them whoa you can't refer to it as he's served his time. You can only deal with THIS case, not that one.



    So as i'm once again being accused of leaving without permission & this case is even more childish than the last, i'm wondering if they can refer to my "spent time".

  6. #6
    Status
    Offline
    pewseyfam's Avatar
    AOC Obsessed
    Join Date
    Jul 2008
    Posts
    1,579
    Mentioned in
    2 Post(s)
    Quoted
    2 Post(s)
    I understand an employer can "slate" you in a reference if his facts are true and that any issues with you have been discussed with you through the appropiate channels.
    ie, if your time keeping was poor but it was never raised as an issue with you, then he can't use that in a reference. However, if you have been "pulled" for bad time keeping and had the necessary disciplinary procedure followed, then it may be used.

  7. #7
    Status
    Offline
    Dani's Avatar
    AOC Obsessed
    Join Date
    Jun 2003
    Posts
    5,442
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    yup im afraid they can..i was discaplined when i worked for the aa,i had already been discaplined for my behaviour previously a few times and on this one occasion i had been reported for bullying again apparantly i didnt bully this person i must stress,i just wouldnt take any shit so when i didnt back down it kinda got to the stage where ''she was telling the teacher'',however during my discaplinary they produced all the earlier discaplinarys and warnings i had been given years before,i asked my union if they were allowed to do this and apparantly my union advised me they could
    Addicts dont do cocaine...They merely just like the smell of it

  8. #8
    Status
    Offline
    Toms1989's Avatar
    Soft Top VTEC :)
    Join Date
    Dec 2007
    Posts
    11,356
    Mentioned in
    0 Post(s)
    Quoted
    1 Post(s)
    They can't really slate you in a reference, as that's defamation of character and they could get into trouble for it
    FULL Black Leather Heated coupe interior for sale! 200!!!
    Click Here

  9. #9
    Status
    Offline
    mk4_sport's Avatar
    AOC Regular
    Join Date
    May 2004
    Posts
    221
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    If you are sure you would get a bad/no reference from your manager don't offer them as a reference to a future employer, although it is common/preferred to have your current employer give a reference its not vital as long as you can get good character reference from elsewhere i.e. a college lecturer (as long as its fairly recent)
    Mk4 Sri-T with Milltek resonated cat-back exhaust

  10. #10
    Status
    Offline
    Oddjob's Avatar
    AOC Obsessed
    Join Date
    May 2003
    Posts
    5,213
    Mentioned in
    0 Post(s)
    Quoted
    0 Post(s)
    Kev I was the Senior Union rep at my last job. Whilst I would have frowned upon them referring to a spent warning they can use them as proof of a trend. So say all your warning were for the same thing they could use them as that shows your not correcting whatever it is they are disciplining you for. If however the warning was for a totally unrelated topic then they shouldn't be able to use it.

    As for references, your employer CANNOT slate you in a reference by law. However he can refuse to issue a reference but he'd have to show good reason for that, however most employers use a sort of code between themselves which passes along info which isn't really hepful to you. It's in the way they use phrases for example or are very not commital over stuff. Like for instance, "yes we can confirm that we employed this person for 6 years" instead of "we employed this person for 6 years and would re-employ them without hesitation" The first means he was here but we're glad to see the back of them, the second means yep they were here and we were sorry to see them go.
    52 Astra G 1.8, 18" Mille Miglia alloys, 325mm Brembo 4 pot conversion, Coupe leather interior, Raid strut brace, Whiteline rear ARB, Irmscher bits (skirts, Carbon steering wheel, Bonnet extension, M3 mirrors, boot & roof spoiler), Reiger Rear Diffuser & Front Bumper, Koni Adj. dampers, 35/30 Vogtland springs, Duplex quad exit ASCAR stainless exhaust.

Page 1 of 2 12 LastLast

Similar Threads

  1. My disciplinary appeal
    By bernie197401 in forum Chit Chat and a Warm Welcome!
    Replies: 11
    Last Post: 02-11-2011, 21:51
  2. Bikes... laws, procedures etc
    By Kev. in forum Chit Chat and a Warm Welcome!
    Replies: 4
    Last Post: 22-09-2009, 21:37

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •