Q: Can I be given a ‘black mark’ and put on probation within my company when I have had no written warning. I work for a merchant bank that is regulated by the Financial Services Authority. I believe a complaint was made against me verbally due to personnel differences, but as I have said no prior written warning was given.
Feb 20 2007
Answered by: Marc Barber Ask a question
The simple answer is that your employer is required to provide you with the statutory disciplinary procedure if they intend to dismiss you or take action short of dismissal such as demote you. It is arguable that placing you on ‘probation’ as you put it could be classed as action short of dismissal, because within the usual meaning of ‘probation’, the point of the probation is to assess your suitability to continue working for the company.
If on the other hand, you simply mean that you are being kept under supervision with a view to training you to improve performance in some way, then arguably the company can take such action without providing you with a disciplinary process.
All of this can be changed by a contractual promise to go above and beyond the basic statutory entitlements, so I would advise starting with your contract. If you haven’t got one, or a copy of the disciplinary policy, then you could ask your manager why you haven’t been issued with it. It is your statutory right to have a statement of terms of your employment within two months of starting work and to know what the disciplinary procedure is.
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