written warning

[johnant]

hi there anyone out there know the working laws as i know someone at work who has had a written warning for humming in the office, which is saying she has lack of concentration due to this.
personally i thought you would humm when you are concentrating
thanks

[rja211077]

i would agree that humming does not necessarily indicate a lack of concentration and i doubt very much that a court would think otherwise.

if her work is poor and she has had a written warning about that, then that's a different matter, but to focus on the humming seems very strange.

it may disturb others i suppose - but then why did they not give that as the reason in the warning?

it all seems a bit Draconian, did they not ask her to stop in an informal manner? seek some other solution like sitting her away from others?

sounds like a possible constructive dismissal case on the horizon - your friend needs to keep a log of everything said and done if she really wants to go down that route, but i'd just get another job...and stop humming.

[tomestone]

Firstly any disciplinary procedure must outline your rights to representation/accompaniment and the right to appeal.
Any procedure regarding discipline is formated for corrective action and not as a tool to sanction persons,my advice is to appeal the warning highlighting the rights persons have and the nature of the procedure

[Stu Dent]

It will depend upon all the facts and circumstances at the material time. The way you describe it, one might think that the warning given is 'frivilous and vexatious' - but that's probably what you want me to think.

Your friend has been given a written warning - was she given a previous warning resulting in a lesser verbal warning? It wouldn't make the employers action any more or any less justifiable if so, but again, and I stress, it all depends on all the facts and circumstances at the relevant time.

To me, 'humming' seems perfectly innocuous and not worthy of a mention far less any knd of warning. But, if what was being 'hummed' was in itself offensive by it's nature, (perhaps sectarian or racist), or done to deliberatley to distract and upset colleagues, and that the behaviour was previously brought to your friend's attention, then the employer would have a strong case.

As for it affecting your friend's concentration? Your employer would have to show that it actually has affected her concentration - demonstrated by errors or general standard of work being done - or possibly, errors of other colleagues distracted by the 'humming'.

[meglet]

I work with someone who hums all day and it drives me absolutely bonkers. If she has been given a written warning has she already had a verbal one on the same issue? In which case she obviously hasn't stopped and is no doubt disturbing everyone else she works with. Anyway its totally selfish behaviour in my view.

[joko]

presumably for them to have mentioned it at all various people must have made complaints about this humming... unless the boss just hears it in passing and has decided its a problem.

either way, its just a warning for humming...stop humming and problem goes away.

other people inane 'noise' when you are trying to work is very annoying and she should be aware of this

perhaps tell her to get an ipod if she wishes to hear music

[johnant]

hi there to all you people out there the office is huge and only 3 staff occupy this area its a big area enough for about 60 staff so its not as if they are all next to each other ive worked with people before who constantly clear their throats if you know what i mean if people have nervous habits you cant victimise them surely