(24 Mar 2014, 10:25 pm)NEBCD Malarkey wrote It's all good lads, I have them all on Facebook so I can keep in touch with them that way, As for the appeal/complaint I ripped them to shreds as made so many mistakes in regards to cutting corners and not following Law and Company Policy and Procedures.
When comes to Disciplinary it meant to go like this.
Verbal Warning - 1st Written Warning - 2nd Written Warning - Dismissal
Whereas with me it went
1st Written Warning - Dismissal
I hope you get things sorted Adam, but I'm afraid your view on how a disciplinary process should work isn't strictly correct. There's no obligation to have to issue you with three warnings prior to dismissal. They should have fully investigated though.
The ACAS code of practice states that employers should first try and resolve the issue informally (where possible). Failing that, and they feel they should take formal action, they should; a) establish facts, b) notify you in writing, and c) hold a meeting, notifying you of your rights to be accompanied by either a Trade Union rep or a colleague. It's at this meeting they can then decide what action to take, which would be anything from no further action to dismissal. The formal action taken should be given to you in writing (even if it's a verbal warning), and you would have a period of time (usually 5 days) to appeal the sanction.
When it comes to instant dismissal under the 'gross misconduct' charge, your employer should have a disciplinary policy which will clearly state the types of 'gross misconduct' that can fall within the category of instant dismissal. I'd be surprised if something you've posted on Facebook falls into this category.
What type of contract were you on if you don't mind me asking? Were you within a formal probationary period too? not that the latter should make a difference!