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My daughter has received a final written warning letter

My daughter has received...

My daughter has received a final written warning letter following on from a Disciplinary Process which is unsigned. I notice your response to an unsigned letter being sent notifying of a date of a hearing,. My daughter's letter notifying her of the date of the hearing was also unsigned. She did however, attend the hearing but the outcome letter from a formal Disciplinary hearing is also unsigned. Is this final written warning valid if the letter is unsigned.

Lawyer's Assistant: Have you documented this or discussed it with HR?

No we haven't mentioned this. However, my daughter is considering appealing this decision as the final written warning is for a period of 3 years for something which she has written confirmation from someone else who actually was responsible for the actions that were taken and which the hearing accepted but still went ahead and gave her a final written (unsiged) warning for a period of 3 years.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I don't know what you mean. She works part time and has done for the last 3 years but for the previous 13 years she worked full time. A union rep accompanied her at the hearing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so at this point in time. She was told at the hearing that she was given this as an alternative to dismissal for gross misconduct. Her union representative said she should appeal as it was like somebody stealing the petty cash and her being punished for it. That wasn't the offence by the way.

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Answered in 5 minutes by:
2/14/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,728
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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How long has your daughter worked for this employer, all in all?

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Customer reply replied 4 months ago
Can you read what I have initially sent
Customer reply replied 4 months ago
16 years

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. To be honest there is nothing in law which says any of these letters must be signed for them to be valid. It is good practice to do so but it will certainly not make the whole process or the warning invalid if there was no signature. S do not spend too much time trying to argue this on the sole point of the documentation being unsigned, it will not really change anything.

The main thing I see here is the duration of the final warning - 3 years is extremely long and likely to be unreasonable. Written warnings, including final ones, should remain on file for a period of 6-12 months. So the appeal should concentrate mainly on the harshness of the outcome and push for the decrease in the length of the warning she was issued with.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,728
Experience: Qualified Employment Solicitor
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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