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Ben Jones
Ben Jones, Solicitor
Category: UK Law
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Experience:  Specialist in UK Law with expertise in UK Employment Law
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Is a verbal warning valid with no Contract in place ? My mother

Customer Question

Is a verbal warning valid with no Contract in place ? My mother works for a Dr's Surgery as a receptionist there is no HR just an office manager who held the meeting and said it was a "verbal warning" no notes were taken or given, but a DR was invited in to "witness" the conversation. The complaints were she was accused of not raising very important paperwork ( for which my mother was able to prove that she had ) there were other colleagues petty grievances, and also accused of taking a 20 min toilet which due to a medical condition did happen, but has only happened the once. She has never been given a Contract despite repeated requests for one and other colleagues have advised they have waited over a year for theirs.
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer :

My mum has been there 8 months

Expert:  Ben Jones replied 1 year ago.
It is not necessary for there to be a written contract i place for an employer to issue a verbal, or any other warning for that matter. Even if no contract existed in writing, a contract of employment would have been implied in any case. The employer does have a duty to issue its employees with a written statement of employment particulars within 2 months of their start of employment but their failure to do so does not make any subsequent warnings invalid.

A verbal warning is not really an official warning anyway and it should not remain on her record, it is just an off the record chat that warns her further issues may result in a formal written warning.

If the verbal warning is treated as a formal warning and recorded on her personnel record, then the employer should have followed a fair disciplinary procedure, given her the chance to be accompanied and also given her the right to appeal. An off the record warning would not be subject to these conditions.

Finally, if her medical condition amounts to a disability (a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities), the employer would be expected to make reasonable adjustments and if extended toilet breaks is what she requires then this is likely to amount to such an adjustment. She should not be treated detrimentally because of her condition as otherwise t could amount to disability discrimination.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

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Ben Jones
Ben Jones
Solicitor
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Specialist in UK Law with expertise in UK Employment Law