Poss Legal Eagle and General Driver discussion requred.

[Roop298]

Ok, this might be hot so I understand if it gets pulled.
Today I got a call from my agent that my contract was terminated with 'immediate effect' due to my use of 'racist language in the street'.
Now, I've only been with this agency for two weeks and only with this steet cleansing operation in Sheffield which isn't the Council for the same time. As a vet agency driver the whole thing smelled a bit odd from the start.
Ordinarily, I'd walk away from this episode of working for a suspect agency, an odd sub-contracter to very poorly implemented council sub-contraced cleaner enterprise.
But I feel impuned. Despite driving bin wagons in Sheffield, Doncaster and Rotherham for over 3 years I've never been in this kind of positon before.
On top of that the company Sheffield employs to clean the streets is a tax-payer funded enterprise (of which I contribute) and I don't want to waste any more money that Amey waste.
Now, reading back, I know the answer to this but what do other people think about it?
PS, I've had a couple of beers so it might not come across as totally cosher.

[the maoster]

I suppose the big question is “are you guilty of using racist language in the street”? If you are then I’m afraid that nowadays you don’t have a leg to stand on.

I’m not judging in any way btw, but the times they are a changing my friend and what was deemed acceptable yesteryear is no longer acceptable now.

[beefy4605]

First stop would be asking for a copy of your disiplinary procedures to see what can and can't be used against you .
As your only with this agency 2 weeks I would think you have next to no rights and they can just say " Sorry its not working out bye "

[Carryfast]

Define racist language as in exactly what was alleged to have been said, to exactly who and what proof of the exact words.

[Carryfast]

the times they are a changing my friend and what was deemed acceptable yesteryear is no longer acceptable now.

Anyone who knew the despotic laws made by the former Yugoslav Communist regime would recognise it and feel at home in it.

[Roop298]

I have binned Doncaster, Rotherham and Sheffield and Barnsley in my time. I have worked with crews of all ethnicities and have never used racist language either directly or indirectly.
I don't know what evidence they have and I guess I'm probably not going to get see it.
It is possible that someone might have overheard me stating my opinion that the kind of people who dump houseold waste or flytip are filthy dirty [zb] [zb] but I can't imagine anyone would disagree with that sentiment unless you were the filthy dirty [zb] [zb] who dumped the rubbish.

Anyway, I'm more concerned at this point that I'm going to have tell my next employer why I was dismissed from amey for gross misconduct. And that they might take the cost of the PPE out of my wages.

[keepthefaith]

I have binned Doncaster, Rotherham and Sheffield and Barnsley in my time. I have worked with crews of all ethnicities and have never used racist language either directly or indirectly.
I don't know what evidence they have and I guess I'm probably not going to get see it.
It is possible that someone might have overheard me stating my opinion that the kind of people who dump houseold waste or flytip are filthy dirty [zb] [zb] but I can't imagine anyone would disagree with that sentiment unless you were the filthy dirty [zb] [zb] who dumped the rubbish.

Anyway, I'm more concerned at this point that I'm going to have tell my next employer why I was dismissed from amey for gross misconduct. And that they might take the cost of the PPE out of my wages.

you must of said something bad, company's don't make things up to fire people, in todays world of rainbow flags and snowflakes what you might of deemed to be a comment that in your eyes was humour, the political correct brigade probably interpreted it different,sad i know

[Southpaw1971]

First off, any kind of racism is unaccaptable and a professional driver of any standing in this day and age knows this. If I found myself at the wrong end of a vexatious accusation, here is what I would do:

1. Email (don't call) them saying you take these accusations extremely seriously and wish to see the statements they collected about your alleged use of racist language (which, as a reputable company with a zero-tolerance to such behaviour, they would have conducted a thorough investigation and not relied on hearsay.....would they?)

2. If they refuse, submit a freedom of information request

3. If they say they did not take written statements and relied on word of mouth corroboration, advise them that they are making a baseless allegation which amounts to slander and you will be taking legal advice.

[the nodding donkey]

I think this is a wind up.

I've never known a n agency driver to be worried about binning (sorry about the pun... ) an agency, or not getting anymore work from am agency.. you just sign on with another agency. I've also never known an agency to care about why you left your previous employ, as long as you come and work for them...

And let's not go down the "they said I was racist, but I wasnt" road

[Southpaw1971]

As regards a deduction from your wages for the cost of PPE, unless you have expressly agreed to this in writing it would be an unlawful deduction. Ensure you return all PPE to them and get a signature for it.
As regards notifying your next employer, I would hardly be concerned as it's just a case of an agency terminating your contract for whatever reason, rather than a proven dismissal through an employer's Disciplinary process - for which they woud have had to provide statements, etc and allow you to be represented.

[thehairyarsedtrucker]

First off, any kind of racism is unaccaptable and a professional driver of any standing in this day and age knows this. If I found myself at the wrong end of a vexatious accusation, here is what I would do:

1. Email (don't call) them saying you take these accusations extremely seriously and wish to see the statements they collected about your alleged use of racist language (which, as a reputable company with a zero-tolerance to such behaviour, they would have conducted a thorough investigation and not relied on hearsay.....would they?)

2. If they refuse, submit a freedom of information request

3. If they say they did not take written statements and relied on word of mouth corroboration, advise them that they are making a baseless allegation which amounts to slander and you will be taking legal advice.

And after they have stopped laughing, they will just ignore you IMHO

[Conor]

Ok, this might be hot so I understand if it gets pulled.
Today I got a call from my agent that my contract was terminated with 'immediate effect' due to my use of 'racist language in the street'.
Now, I've only been with this agency for two weeks

You're agency, one of the downsides of agency is that the client can just send you home at any point or end the booking and they don't have to give any reason, the only thing you're entitled to is the minimum amount of hours for a booking which in the case of my agency is 8hrs so if I turn up and they say they don't want me or send me home after a few hours I'm guaranteed 8hrs pay.

You weren't dismissed from Amey because you never worked for them, you worked for the agency. The agency are your employer, not Amey. All that has happened is the client has said they don't want the agency to send you anymore and send someone else. Phone up the agency on Monday, see what other work they have.

Nowt to stop you signing up with another agency, given you've only been with this one two weeks no reason to mention to new agency you even worked at the current one.

[Franglais]

As Conor says your contract was with the agency, not the truck owner.

If you were employed directly by the truck owner you would be entitled to a written reason for dismissal, if you have worked for them for two years.
Under two years....

https://www.gov.uk/dismissal