Good morning and welcome to my latest Q&As with the usual wide range of questions about employment law/HR including a couple this week on holidays and tribunals. All the Q&As are available to subscribers who can also access hundreds of Q&As in the previous posts.
Written warning
Q. I have a member of staff who is persistently late for work and I’m fed up with telling him to arrive on time. I keep threatening him with disciplinary action but its just water off a duck’s back. I’ve decided to give him a written warning because I’ve had enough. Is that ok?
A. Yes, but it reads as though you are just going to go ahead and issue the warning - Is that correct? If so, then I would strongly advise that you hold back and follow a fair disciplinary process in line with the ACAS Code. Put simply, that means invite him to a meeting and give reasons for the meeting. Supply him any documentary evidence you wish to rely on before the meeting and give him the opportunity to be accompanied by a trade union representative or a fellow work employee. Only then, when you have heard his side of the case, can you move to a written warning if you believe his behaviour still justifies that course of action. And of course, always offer the right to appeal your decision.
Tribunal representative
Q. Can my friend represent me at my employment tribunal case hearing. I’m too anxious to do it on my own and can’t afford a solicitor.
A. Yes. You can ask anyone to represent you. Your representative will be able to negotiate on your behalf too. I have seen this many times in tribunals and sometimes friends make excellent advocates. I always advise
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