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Written warning stands because I need better management

Discussion in 'Jobs and Employment' started by paperchase, Jun 26, 2012.

  1. paperchase

    paperchase · Member

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    Background...............
    I was given a written warning and have 5 days to appeal, please help...

    I admitted to throwing some clients personal data into a domestic bin along with my personal credit cards details. The data was discovered by a neighbour who immediately contacted my company.

    On the day, I had a severe hypo after exercise and from 8pm to 2am I could not remember what I did but vaguely recall throwing items away; but only after the questions were put to me. I recently moved home and prior to the incident i was sorting my house and tidying papers so it was like I was programmed to carry on. Several months before I spoke to the diabetic clinic and they advised me to have less insulin which i did but its difficult to regular after intense exercise.

    The above was exceptional and I have been proactive and introduced measures so it does not happen again eg not taking data home and better heath control.

    My conduct previous to this had been perfect and my employees have a high regard on my performance and behaviour.
    My employers was aware of my condition.
    I regret the incident but was not aware i had disposed the documents.

    OUTCOME......CAN YOU HELP?

    Last week they advised me that the written warning still stands because I should have been managing my diabetes better. If I had then the incident would not have happened. They had not consulted with my GP or Consultant who look after my diabetes.

    They had referred me to OccHealth who said that I need better management and agree that the incident with me disposing the items is feasible.

    I think I may go to the employment tribunal because the warning stays active on my file for 12 months, but it stays on file for ever.
     
  2. Squire Fulwood

    Squire Fulwood Type 2 · Expert

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    Unfortunately King Soloman is no longer with us and it would take his wisdom on a case like this.

    You admit the charge and your firm had its security breached as a result of actions you took when you were not quite yourself.

    If you admit the charge I can't see what a tribunal can do except to take your word for it.

    Your firm must do something and the something they have chosen to do is to give you a permanent reminder not to do it again.

    The only practical course of action for you to take that I can see is to return to your previous perfect conduct by whatever means you have available and in a year the written warning will lose its sting.

    Usually an appeal is allowed if there is new evidence to consider which had not been taken into account before. It is not a best of three kind of situation. Unless you have some new evidence I can't see the point of telling them again that which they already know.

    I understand about your condition and I sympathise but if that condition means that you can't do your job correctly then it may be necessary to separate you from that job and put you somewhere safer for all concerned.

    Can I get down from my soapbox now nurse?
     
  3. Robinredbreast

    Robinredbreast Type 1 · Oracle

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    What if you had Asthma or Epilepsey. Would they have done the same thing if you eneded up in hospital after an Ashtma attack and was behaving difficult or causing such a commotion or fitted with Epilepsey, would that be the same, would these conditions still apply? and the said person should be managing their Asthma or Epilepsey better :x If that was me, I would go to my dr and tell him your company has not been in touch with your consultant or doctor about your condition, with permission of course. It appears to be a genuine mistake and I think, as you have stated, no data to be taken home again. Does discrimination to you sound right here?, if it was a one off as you have said, with a very good work record, I would investigate more , it makes me so cross, but and I wish you lots of luck and a good outcome.
     
  4. Squire Fulwood

    Squire Fulwood Type 2 · Expert

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    I agree that the OP should visit his doctor but if he wishes to invoke the doctor in defence of his actions then that is not what doctors are for. There is the risk that the doctor may say that this person is not sufficiently well to return to that job.
    Sadly, being ill does not mean you are forgiven for every misdemeanor.
    If a patient had asthma or epilepsy would you put them in charge of a school bus or machinery?
    If they developed the illness while persuing either of those jobs would there be an argument for re-deploying them.
    The OP has indeed made a mistake but he has been given a second chance and I wish him well.
    One concern that I have is that his current circumstance reminds me of a witches trial in that he may not be able to win it.
    If he spends a year of perfect conduct then the question arises as to why he had the lapse.
    If he relapses then the question of his suitability for his current post will raise its ugly head.
    I wish him well anyway.
     
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