Manager issued a written warning without following process - General - HR in Schools and Academies

3 Manager issued a written warning without following process

31 Jan, 2024 13:45

Hello

I found out today that our Facilities Manager issued a written warning to a member of his team, without directing the situation through HR nor following our school's policy. The member of staff was not subject to a disciplinary and our hot headed Facilities Manager sent him an email stating he was receiving a written warning for poor performance. He did not take any prior advice before acting and our head teacher is the only person who can deal with disciplinaries. The member of staff has worked at the school for a long time so has employment rights, but he is currently unaware the warning was sent without following our process or being approved by the head.

I would appreciate comments and advice on what is thought to be the best course of action for both the member of staff concerned and the Facilities Manager.

Andrea

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Robey | 0 Posts

31 Jan, 2024 15:23

This sounds like an informal warning in line with Acas guidelines. As it referred to performance, most employers wouldn't treat it as a disciplinary matter. Assuming the letter was clear about the areas of performance that were inadequate and the expectations the manager had going forward, I would be inclined to commend the manager for their initiative, file and move on.
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Andrea | 0 Posts

31 Jan, 2024 15:37

In reply to Robey:
Unfortunately there's no evidence of poor performance...
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Robey | 0 Posts

1 Feb, 2024 08:19

In reply to Andrea:
Strictly speaking, an informal warning doesn't require evidence. At least, the employee isn't entitled to see or respond to evidence. It is sufficient that the manager in question believes that there was poor performance.

So in terms of the warning given, it was entirely legal and proportionate. There is no right to notice, representation, or appeal (the Three Rs of formal action). However, if a manager is giving out such warnings casually, it may be worth having a quiet chat with the manager themselves about the standards the school expects when it comes to the award of an informal warning for future reference.
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