For the first time in my life I was instantly dismissed today. What had I done to deserve this severe sanction ? Unpunctual ? No I never missed a days work or turned up late in 6 months ? Too many accidents ? Again no, I’ve never so much as cracked a lense. Upset customers ? No not a single complaint from anyone.
I simply asked for an hour off to get my ear syringed at the doctors as I’ve been in a lot of discomfort but have soldiered on so as not to let my employer or their customers down.
That was the straw that broke the camels back anyway.
I think they were annoyed that I had challenged them a few times regarding daily rest or lack of it. As far as they were concerned as they were tacho exempt the drivers can work all the hours god sends even though domestic rules apply… That and refusing to drive a truck without a functioning seat belt which I don’t consider unreasonable.
So at the grand old age of 53 I find myself unemployed for doing absolutely nothing wrong apart from doing my job properly.
I think the fact that I’m ex police staff may have something to do with it as I’d noticed some extremely dodgy practices such as syphoning fuel from customers trucks to refuel their own vehicles, although I never actually reported it I refused to do it myself.
I’m glad in a way to be out of there but had hoped to find alternative employment first.
Fugum, fug the job. Sounds like you’re better off out of it. Tacho exempt? What industry was that in, obviously don’t name names, but that info could stop someone else falling into the same pit.
You can only be instantly dismissed for gross misconduct, and even then there are only very limited reasons that permit this without some sort of review or tribunal (flagrant disregard for others or your own safety, violence or threatening behaviour and drug or alcohol misuse for some examples), what you’ve described is not even close to mild misconduct, in fact all of what you’ve described are reasonable requests, concerns and refusals.
Either you’re not telling the whole story or your former employee is looking at a concrete unfair dismissal case in which case I suggest you seek legal advice from the C.A.B. asap!
Reef:
You can only be instantly dismissed for gross misconduct, and even then there are only very limited reasons that permit this without some sort of review or tribunal (flagrant disregard for others or your own safety, violence or threatening behaviour and drug or alcohol misuse for some examples), what you’ve described is not even close to mild misconduct, in fact all of what you’ve described are reasonable requests, concerns and refusals.Either you’re not telling the whole story or your former employee is looking at a concrete unfair dismissal case in which case I suggest you seek legal advice from the C.A.B. asap!
I assure you that I am telling the whole story, I appreciate you wondering whether I am though because you literally couldn’t make it up.
I think my face didn’t fit with some of the other staff due to my previous career as some of them have dodgy pasts but I tried my hardest to never mention it.
It was only when the HR director mentioned it at the Xmas party that anyone else found out.
The staff turnover at this place is unbelievable - 5 have left since new year out of a staff of 12.
As I’ve not been there 2 years I haven’t a leg to stand on legally speaking.
I guess in the police I was insulated from some of the appalling treatment of employees that seems prevalent in large parts of the private sector.
jbaz73:
Fugum, fug the job. Sounds like you’re better off out of it. Tacho exempt? What industry was that in, obviously don’t name names, but that info could stop someone else falling into the same pit.
Municipal vehicle hire.
fernando:
Reef:
You can only be instantly dismissed for gross misconduct, and even then there are only very limited reasons that permit this without some sort of review or tribunal (flagrant disregard for others or your own safety, violence or threatening behaviour and drug or alcohol misuse for some examples), what you’ve described is not even close to mild misconduct, in fact all of what you’ve described are reasonable requests, concerns and refusals.Either you’re not telling the whole story or your former employee is looking at a concrete unfair dismissal case in which case I suggest you seek legal advice from the C.A.B. asap!
I assure you that I am telling the whole story, I appreciate you wondering whether I am though because you literally couldn’t make it up.
I think my face didn’t fit with some of the other staff due to my previous career as some of them have dodgy pasts but I tried my hardest to never mention it.
It was only when the HR director mentioned it at the Xmas party that anyone else found out.
The staff turnover at this place is unbelievable - 5 have left since new year out of a staff of 12.
As I’ve not been there 2 years I haven’t a leg to stand on legally speaking.
I guess in the police I was insulated from some of the appalling treatment of employees that seems prevalent in large parts of the private sector.
I’m no legal beagle but I’m pretty sure you can’t be instantly dismissed even if you haven’t been there two years, worth looking into though nonetheless
Reef:
fernando:
Reef:
You can only be instantly dismissed for gross misconduct, and even then there are only very limited reasons that permit this without some sort of review or tribunal (flagrant disregard for others or your own safety, violence or threatening behaviour and drug or alcohol misuse for some examples), what you’ve described is not even close to mild misconduct, in fact all of what you’ve described are reasonable requests, concerns and refusals.Either you’re not telling the whole story or your former employee is looking at a concrete unfair dismissal case in which case I suggest you seek legal advice from the C.A.B. asap!
I assure you that I am telling the whole story, I appreciate you wondering whether I am though because you literally couldn’t make it up.
I think my face didn’t fit with some of the other staff due to my previous career as some of them have dodgy pasts but I tried my hardest to never mention it.
It was only when the HR director mentioned it at the Xmas party that anyone else found out.
The staff turnover at this place is unbelievable - 5 have left since new year out of a staff of 12.
As I’ve not been there 2 years I haven’t a leg to stand on legally speaking.
I guess in the police I was insulated from some of the appalling treatment of employees that seems prevalent in large parts of the private sector.I’m no legal beagle but I’m pretty sure you can’t be instantly dismissed even if you haven’t been there two years, worth looking into though nonetheless
Cheers I’ll pop down the cab tomorrow. I’m still recovering from the shock to be honest with you !
Reef:
fernando:
Reef:
You can only be instantly dismissed for gross misconduct, and even then there are only very limited reasons that permit this without some sort of review or tribunal (flagrant disregard for others or your own safety, violence or threatening behaviour and drug or alcohol misuse for some examples), what you’ve described is not even close to mild misconduct, in fact all of what you’ve described are reasonable requests, concerns and refusals.Either you’re not telling the whole story or your former employee is looking at a concrete unfair dismissal case in which case I suggest you seek legal advice from the C.A.B. asap!
I assure you that I am telling the whole story, I appreciate you wondering whether I am though because you literally couldn’t make it up.
I think my face didn’t fit with some of the other staff due to my previous career as some of them have dodgy pasts but I tried my hardest to never mention it.
It was only when the HR director mentioned it at the Xmas party that anyone else found out.
The staff turnover at this place is unbelievable - 5 have left since new year out of a staff of 12.
As I’ve not been there 2 years I haven’t a leg to stand on legally speaking.
I guess in the police I was insulated from some of the appalling treatment of employees that seems prevalent in large parts of the private sector.I’m no legal beagle but I’m pretty sure you can’t be instantly dismissed even if you haven’t been there two years, worth looking into though nonetheless
Its not about why you’re being dismissed for the first 2 years, but that in most cases you can’t take it to a tribunal for that time.
I think you should be covered despite not being there 2 years if you say that you were sacked for whistle blowing breaches of health and safety. The hours and seatbelt would be enough for that. Was a defect ever put in for the seatbelt?
Don’t bother with the cab, call acas. They are impartial and will advise what to do. You will need to talk to them before going to a tribunal anyway so may as well go directly
The seatbelt was repaired at the roadside by a mobile fitter as I refused to drive the truck. There was a problem with the ratchet mechanism which was actually inside the seat so it was a lengthy job. I’m sure that incident was held against me.
As an aside I received a text from work last night requesting I now work my weeks notice by carrying out yard duties or I won’t be paid my notice !!!
This after being escorted to my car by the manager immediately following my dismissal and being made to hand over my gate pass, safety glasses, hi vis etc
He clearly told me that I wouldn’t be required to return to work at that point.
fernando:
The seatbelt was repaired at the roadside by a mobile fitter as I refused to drive the truck. There was a problem with the ratchet mechanism which was actually inside the seat so it was a lengthy job. I’m sure that incident was held against me.
As an aside I received a text from work last night requesting I now work my weeks notice by carrying out yard duties or I won’t be paid my notice !!!This after being escorted to my car by the manager immediately following my dismissal and being made to hand over my gate pass, safety glasses, hi vis etc
He clearly told me that I wouldn’t be required to return to work at that point.
Sounds about right,play them at their own game…go in but every single thing they ask you to do tell them you need to see the risk assessment for,even brushing up,and after you’ve seen the risk assessment tell them you do not feel you should undertake such a task without full training,and when the trainings done tell them you feel you’d benefit from having it again as you don’t feel competent to undertake the task yet,it’d be handy to pre compose a letter stating that you do not feel comfortable and adequately trained to do “X job” but have been pressured into doing it by your employer…just ask them to sign it before you undertake any tasks,see how that pans out 
I’m no hr expert but I believe If you have worked there for over 3 months you can only be dismissed instantly for gross misconduct. Otherwise they have to follow due process, verbal warning then written then dismissal. Your employer should be accomadating with requests for doctors appointments, if you show regular sickness then it can be reviewed but is not always a dismissal. As for working your notice because they kicked you out I believe they should pay you. Speak to acas but sounds like unfair dismissal to me
When you take advice worth asking what outcome you can expect from a tribunal if you’ve only been there 6 months. Weigh up whether it’s worth the stress or just cut your losses and concentrate on more suitable employers.
If you won a tribunal for unfair dismissal, does that mean you don’t have to declare being sacked to the next employer? Someone might know. One thing to consider, rightly or wrongly even a successful tribunal can attract negative connotations when looking for jobs, again a case of weighing it up.
It sounds to me that you want to do the job correctly so I wouldn’t even bother wasting your time with these cowboys. Focus your efforts on getting a job with a firm that actually gives a dam about its drivers.
I would be on the phone to the customers that they have been nicking fuel off asking them were they aware of it. In all honesty you are better off out of there, forget about the experience dust yourself off and get out there and get another job
Unless you have a specific clause in your Contract of Employment, an Employer can ask you to leave the business without legally having to give you an explanation, if you have been there 2 years or less. Of course it goes without saying that they must have their reasons in case this decision is challenged legally, they just don’t have to give them at dismisall.
Regarding working the notice period, if you have been escorted from site then no right minded employer “should” ask you to work the notice period. This alone can be the first step in a Constructive dismissal case, should you so choose. That said any solicitor who specialises in employment law will tell you, that it is very difficult to prove a constructive dismissal case, when you weigh up the “Risk v Reward” factor.
From what you have written, I would be of a mind to decline working the 1 week notice period and forego the pay, assuming that fits financially with you. Sometimes it is easier to walk away and find employment elsewhere. In cases like this, you just have to overcome personal pride and walk away with your head held high.
If they want you to work your notice period it’s not instant dismissal…
fernando:
For the first time in my life I was instantly dismissed today. What had I done to deserve this severe sanction ? Unpunctual ? No I never missed a days work or turned up late in 6 months ? Too many accidents ? Again no, I’ve never so much as cracked a lense. Upset customers ? No not a single complaint from anyone.
I simply asked for an hour off to get my ear syringed at the doctors as I’ve been in a lot of discomfort but have soldiered on so as not to let my employer or their customers down…
Not that it is any consolation but I’ve had it a few times. Thing is with driving one is just “two-a-many”. Face doesn’t fit ‘bye’. Even worse where I live if one is not a foreigner - it’s definitely ‘bye’. Believe in one thing - there are decent employers out there who do value reliable staff. But not easy to find… because most of the time now agencies are used. The problem is getting worse.
Try looking for something slightly different - I’m now a driver/handyman. I ferry plant vehicles from MOT to workshop and do all sorts of jobs beside. So no day is the same for me which in some ways makes a pleasant change. At least I am not required to work beyond legal hours which I was before. Pay rate is fair but it is only for 39 hours per week and thankfully only 3 miles to drive to work.
I know how you must be feeling - I’ve been down to £1.16, £5.50 etc during the times out of work. Quite chilling to literally have no money and worse in a way when you get offered a job you haven’t got the money to get through the first couple of weeks until pay day. I’ve only survived by selling things on ebay and a kind neighbour who has helped me out. I was only back in work beginning of this week, benefit payment, sale of a remote servo and induction manifold has allowed me to get through till next week end.
jessejazza:
fernando:
For the first time in my life I was instantly dismissed today. What had I done to deserve this severe sanction ? Unpunctual ? No I never missed a days work or turned up late in 6 months ? Too many accidents ? Again no, I’ve never so much as cracked a lense. Upset customers ? No not a single complaint from anyone.
I simply asked for an hour off to get my ear syringed at the doctors as I’ve been in a lot of discomfort but have soldiered on so as not to let my employer or their customers down…Not that it is any consolation but I’ve had it a few times. Thing is with driving one is just “two-a-many”. Face doesn’t fit ‘bye’. Even worse where I live if one is not a foreigner - it’s definitely ‘bye’. Believe in one thing - there are decent employers out there who do value reliable staff. But not easy to find… because most of the time now agencies are used. The problem is getting worse.
Try looking for something slightly different - I’m now a driver/handyman. I ferry plant vehicles from MOT to workshop and do all sorts of jobs beside. So no day is the same for me which in some ways makes a pleasant change. At least I am not required to work beyond legal hours which I was before. Pay rate is fair but it is only for 39 hours per week and thankfully only 3 miles to drive to work.
I know how you must be feeling - I’ve been down to £1.16, £5.50 etc during the times out of work. Quite chilling to literally have no money and worse in a way when you get offered a job you haven’t got the money to get through the first couple of weeks until pay day. I’ve only survived by selling things on ebay and a kind neighbour who has helped me out. I was only back in work beginning of this week, benefit payment, sale of a remote servo and induction manifold has allowed me to get through till next week end.
A rhetorical question really, but why don’t people routinely put aside money (three months’ worth of wages being a good yardstick) to give themselves a safety margin if they suddenly lose their jobs?
raymundo:
A rhetorical question really, but why don’t people routinely put aside money (three months’ worth of wages being a good yardstick) to give themselves a safety margin if they suddenly lose their jobs?
Because maybe they cant afford to …
Roymondo:
jessejazza:
fernando:
For the first time in my life I was instantly dismissed today. What had I done to deserve this severe sanction ? Unpunctual ? No I never missed a days work or turned up late in 6 months ? Too many accidents ? Again no, I’ve never so much as cracked a lense. Upset customers ? No not a single complaint from anyone.
I simply asked for an hour off to get my ear syringed at the doctors as I’ve been in a lot of discomfort but have soldiered on so as not to let my employer or their customers down…Not that it is any consolation but I’ve had it a few times. Thing is with driving one is just “two-a-many”. Face doesn’t fit ‘bye’. Even worse where I live if one is not a foreigner - it’s definitely ‘bye’. Believe in one thing - there are decent employers out there who do value reliable staff. But not easy to find… because most of the time now agencies are used. The problem is getting worse.
Try looking for something slightly different - I’m now a driver/handyman. I ferry plant vehicles from MOT to workshop and do all sorts of jobs beside. So no day is the same for me which in some ways makes a pleasant change. At least I am not required to work beyond legal hours which I was before. Pay rate is fair but it is only for 39 hours per week and thankfully only 3 miles to drive to work.
I know how you must be feeling - I’ve been down to £1.16, £5.50 etc during the times out of work. Quite chilling to literally have no money and worse in a way when you get offered a job you haven’t got the money to get through the first couple of weeks until pay day. I’ve only survived by selling things on ebay and a kind neighbour who has helped me out. I was only back in work beginning of this week, benefit payment, sale of a remote servo and induction manifold has allowed me to get through till next week end.
A rhetorical question really, but why don’t people routinely put aside money (three months’ worth of wages being a good yardstick) to give themselves a safety margin if they suddenly lose their jobs?
Presumably you haven’t had the misfortune of being out of work. When one gets into financial difficulties one can use a debt charity for support. The government have established that creditors have to seek to help rather than just use debt collection.
But the problem one faces is that once you are in work you will have to provide your incomings/outgoings. Theoretically in work one is in the ‘black’ financially - but as a debtor you have to hand over all to primary creditors first; namely mortgage and council tax, and then utility bills. You have to provide a payment plan and with a little economy can ‘escape’ the situation with debt collection. But you won’t be able to put aside enough cash to save up for Cat CE. In my case breaking my ankle Summer last and being out of action for 3.5 months meant I had mortgage arreas which means ones credit file is impacted. So no hope of a loan or any way of getting out of the job problem given that in this area there is little Cat C work. Delighted I’ve got a job now and hoping to do some w/e work and after a few months have enough cash for HIAB or ADR which offer quite a rate increase.
Of ones primary creditors Council tax is your biggest concern as without paying one will be in court within a fortnight. The mortgage depends on the lender - I think most (mine is Santander) will be prepared to charge more for the remaining period of the contract (the extra interest is negligible). Without a payment plan the file will be handed to a solicitor for repossession action - with a payment plan the government have at least provided a level of support. [In the hands of a solicitor litigation will have to take place for a repossession and one will have to provide defence i.e. solicitors defence fees which you don’t have… little chance if it gets to that stage. The serious plight being homeless not just losing the house and no council are obliged to offer accommodation despite widespread claims]. In my case my mortgage is small and I put down 85% deposit but nevertheless when I am out of work given that one may get a temporary agency job - each time it contributes to evidence that one cannot meet the mortgage requirement. Avoid agency work if you possibly can and yet so many firms turn to agencies and thus one has little choice. Those out of work get into the ‘cycle of debt’ through no fault of their own.
At least I am a house owner and I can’t see how any driver can support a family and pay rent costs without being in a good permanent job.