Bafferty:
What sort of contract were you taken on as? Eg Temporary, permanent, probationary period then permanent etc etc?
If you were set on permanently even after probationary period then you have rights. The company has to have a set discipline procedure. In my place its verbal warning, written warning, final written warning… then the boot. Or charged with gross misconduct then thats the boot almost nearly all of the time.
It depends how serious it is - you either get a verbal or written first off but can only last for a set period of time (eg 2 years). So commit another offence within 2 years then next stage. After 2 years with no more offences it should be wiped off your file. If got verbal first off you go to written. Got written first then its final written and so on. You cant jump from verbal to the sack. You get my drift…
After an offence there should be a fact finding interview to establish what went on or fill in an accident report. The company will then advise what sort of next steps they will take. You cant bring anyone as a witness to a fact finding but you can to a discipline meeting. They have to issue you with paperwork before the discipline detailing the charges and then a letter afterwards detailing the outcome. All should be dated.
If its a case of you being permanent and you got called into the office to hear I’m letting you go then thats when they can be taken to employment tribunal as the discipline procedure not followed. If they are going to sack you you have to be given notice as can bring in a third party eg a union official to the discipline to fight your corner.
I am on my phone so will keep it short. Most of what you say is correct about being accompanied and letters to arrange.
However the big thing is that there is nothing stopping a company skipping levels if the offense is serious enough.
We don’t have the details but I would assume the op has been dismissed for gross misconduct, failing to report an accident, rather than the accident itself. Though depending on cost of damage it could justify it for the accident.
Personally I would move on as its not worth the stress for a situation that you have nearly no chance of improving. Also even if you did win and got reinstated would you want to work there as I expect they would be all over you
albion:
My understanding is that under two years you can’t pursue a tribunal for unfair dismissal (apart from protected characteristics), though you could pursue for breach of contract.
We don’t know the entire story, so I’m going to play devils advocate, maybe your employers customer, had an earful from the man with the drive and the first customer, and has said never use that mahall bloke on one of my jobs again. Maybe your employer is looking at the cost of repairs and calculating you aren’t worth the risk.
Personally, I’d be too embarrassed to even contemplate going to a tribunal, figuring I’d been the architect of my own fate.
It certainly explains one of the reasons employers head down the agency/self-employed route.
Mahall, I know this is hypothetical in your case!
if I’m being totally honest. this is how I feel. I don’t intend on going down the tribunal Road. I had a previous verbal warning after I broke some rear lights and now I have damaged someone’s driveway. I did it not them.
as long as I’m paid my final wage I’m not gonna kick up a fuss.
Personally I think they’ve been a bit hard on you and think you’re better off out of it.
I assume they knew you were a new passed HGV driver when they took you on?
I seem to remember in my first 6 months of my first fulltime driving job, (straight to artics in those days), I’d hit a car while parking in Stoke and wiped my rear light cluster out twice, once when I moved the truck with the dropside of the trailer down and the edge of the dropside hit the lights, the other when I reversed on to a loading bay and forgot that the back of the unit stuck out when you turn and hit them on another truck.
I wasn’t sacked didn’t even get any sort of formal disciplinary action, I think the only thing was the bosses father telling me to be more careful.
All schoolboy errors, the boss knew I was new to driving and I never made those again, done a few others silly things over the years, but I don’t make a habit of damaging things.
Learn from your mistakes and move on and if you do then the laugh is on that company as they’ve paid for you to make the mistakes and somebody else gets the benefit of that experience.
All experience isn’t it. To be honest mate - if they’re willing to behave like that over a genuine mistake, they’ve probably done you a favour.
At the moment I’m self-employed (hoping to become a driver) and I’m glad that I don’t have to deal with all that “3 strikes and out” bs - although I have a feeling that time will come.
toby1234abc:
Get a free appointment with the Citizens Advice Bureau, it is unfair dismissal, and take them to the Employment Tribunal.
Did you ask to see the cctv footage ?
Is the customer after a free or discounted delivery ?
Did you sign an employment contract, and what are the damage to third party clauses ?
Your employers have insurance for third party damage .
Transport is an industry where damage happens every day .
If it was three strikes then you are out, you are on the second strike.
He has no comeback at all under the circumstances provided so don’t waste his time with well meant but inaccurate advice.
albion:
My understanding is that under two years you can’t pursue a tribunal for unfair dismissal (apart from protected characteristics), though you could pursue for breach of contract.
We don’t know the entire story, so I’m going to play devils advocate, maybe your employers customer, had an earful from the man with the drive and the first customer, and has said never use that mahall bloke on one of my jobs again. Maybe your employer is looking at the cost of repairs and calculating you aren’t worth the risk.
Personally, I’d be too embarrassed to even contemplate going to a tribunal, figuring I’d been the architect of my own fate.
It certainly explains one of the reasons employers head down the agency/self-employed route.
Mahall, I know this is hypothetical in your case!
if I’m being totally honest. this is how I feel. I don’t intend on going down the tribunal Road. I had a previous verbal warning after I broke some rear lights and now I have damaged someone’s driveway. I did it not them.
as long as I’m paid my final wage I’m not gonna kick up a fuss.
thank you all for bringing my spirits back up.
Sent from my Pixel using Tapatalk
It’s all part of the learning process unfortunately. Get back on the horse and if you’re asked the question be straight with your potential new employer. Honesty still goes a long way with good people.
thanks every1 for the well wishes. I’ve learnt and is behind me now. I have an interview for a new job on Monday. fingers crossed I’ll get it. the potential employer knows about my incident and still offered me an interview so I’m hoping. funny thing is I have an appointment on Tuesday to sign on. I really hope that I don’t have to go to that.
muckles, albion, eager277 etc have nailed it - the real world of properly, genuinely challenging hgv work is very different from RDC trunking. With time and experience it’s possible to know what is and isn’t possible, but there is only one way to find out. Real drivers have ALL been there and damaged stuff.
Having read everything I think the employer has been harsh and would probably feel that I’m better off out of it although with the feeling of potentially signing on I can see why it may not feel like that right now.
I had a bump yesterday in a place I’ve been to a number of times before (but the first time with my current employer) and i know its one of those things but im waiting to see how they react on Monday because even thoigh i enjoy the job it will tell me if i want to be there long term or not
I agree the employer has been harsh. If you’re delivering to private addresses in all types of locations the probability of some damage is surely much higher?
Therefore employer should know and accept this. Or, if they want near perfect drivers should screen them better through a tough assessment drive when employing?
All that said, sounds like you’re better off somewhere else…
once when I moved the truck with the dropside of the trailer down and the edge of the dropside hit the lights, the other when I reversed on to a loading bay and forgot that the back of the unit stuck out when you turn and hit them on another truck.
