Written Warnings

[neilp66]

Today i was sent a first written warning from my employer due to my timekeeping, This letter was hand delivered to my home address by another employee on his way home from work. This employee is not a manager or anything to do with the management side of the company, The letter was in a white envelope with a window in it, now upon receipt of this letter i looked at the envelope and the letter itself was clearly visible though the window stating what it was First Written Warning , now my questions are as follows

1. Am i not supposed to be given this letter by my employer and asked to sign and date it for the record

2. Are they allowed to just get someone to drop the letter of especially another employee , as i know the person would of seen the wording through the window so therefore now knows what i have received

3. Is this a breach of the private and confidential rule

[tamborine]

No breach of privacy rule as this is company policy and the staff member would be witness to the delivery.

If you are defaulting on employment the employer has a right to warn you - however.

[Beauj]

Have your rec'd a 'verbal' warning before this written one?
The manner, or way they choose to deliver the written one, holds no bearing in law. Employer can always state that they used the most 'cost effective way' - i.e., saving on postage - plus, that they were 100% sure you got it. Furthermore, it would be hard to prove that the person who put it thro your letter-box, knew, exactly what the contents of said letter was. They could state - say - if in a witness box - in their belief it was a letter stating that You would be well soon! Cold hard facts of life! As you have already stated, IT WAS a letter in an envelope, so to all intend and purpose, the persone delivering it, was unaware of it's contents. Different if it was a singing telegram & they broadcasted it to your street. I'm not making lite of your situation neilp, but that is how a panel / jury, would precive it. I've being Trade Union for over 35yr & know all the tricks of the trade! Honestly? Your best policy is to 'roll' with the punches on this one and try and improve the time keeping! If you have an illness, i.e., are a dibetic, then you may have some ground to work on and negociate timings etc. If not, the Employer can say that they were 'tolerant'. & that You had abused their 'Good Will'. Sorry, but I am just teling you the cold hard facts as ARE, But, to me, it seems in this case, No, the employer has not broken anything - in the eyse of the Law that is! Wish Icould tell you different!

[Beauj]

Neilp66 - just want to add another point! You may think that this seems daft, but as I've said, I spent over 35 years in the Nr Ireland Civil Service - as well as other bodies!! Fighting on the side of the worker and screwing the Employer into the ground - so believe me when I say - I know every trick in the book & I could take it from the depths many times, to save a plebs job. Now the point I want to make here is, as regards to '2.' You would have to prove that the persons delivering the letter had actually -1. Seen what was written & 2. Could in fact READ in the first place!! I know that it sounds daft, but, shoe on other foot? Trade Union would play that card! In other words, YOU really don't know nor can prove that the 'John' delivering said letter to You, knew of it's contents!! I.E., Other than they discussed the same with you! - You se neil, that person could claim that they cannot read!! & never knew what the letter said! Not all would be lost as regards to your 'case', You just need to get the right person on your side to fight for your rights.. Like, you never stated if you have 'Flexi' time or if there is anything in place, should you come in later in the morning, then you stay later in the evening and therefore work a 7.25 hour day! What is stated in your contract? Do You have a contract? Neilp - never lost a case in my life, so get back on with as much info as you can & I'll see if there is anything to work on for you - OK?

[tamborine]

Y not get to work on time - life would be easier all round. Employers have a hard enuf time generating your wages.

[Postdog]

Sorry, but I'm with Tambo on this. Whatever the legalities of how they did it, surely the real issue is you getting to work on time. I once got sacked over this, so I'm not having a pop, just stating the obvious.

[Whoever]

Regardless of whether you Warning Letter might have been delivered to youi in a more sensitive or tactful manner, the main issue here is that you seem to have developed a habit of not getting to work on time.
This is the issue which you surely need to be concentrating on, as it is actually stealing your employer's time and taking money for work you haven't done.

[Margaret007]

To be honest, perhaps its legal, but a reputable company would have sent the letter recorded delivery. not nice to be handed to you by your peer.

How often have you been late, how important is lateness - eg flexi, could make up in lunch hour, stay late at night. If you have a problem getting up in morning, you should address that problem rather than look for a possible way to claim unfair dismissal because of procedural errors.