Getting a disciplinary! Give me some advice

Dafproblems:
In conclusion,

should i make a claim?

I would…

I once got threatened with disciplinary action, I resigned instead.

Well next time you are going to know what to do. That’ll be leave the lorry blocking the loading bay and a trip to casualty and then they can collect you from the hospital and take you home. Actually chauffeured a relief trolley driver about 100 miles to a store some years ago then picked up the injured driver from the store and took him home.

The incident is already being investigated .
It`s time for a chat in the office with no coffee. :sunglasses: .

Write everything down that you remember of the occurrence - dates /times/ persons present/ actions followed / and statements of at time and what has followed since.
Make an injury entry into your depot Co. process for reporting -if you already havent done. Ask your manager for a copy of the Co. policy and procedures, or , ask them where you can find it to read it /copy it. . Take that written form of information with you to the meeting and be prepared to present the evidence to the interviewer. Ask a union rep / work colleague to attend with you at further meetings to act as witness to investigation process. I assume a provisional fact finding mission has already been established :unamused: or is this the fact finding invite :question: . **Where theres a blame - there`s a claim - input one** :grimacing: :wink:
.
Be prepared to accept or not, what following actions /findings /decisions are made.

I have put my fingers in silly places before. I think we all did during puberty.

eagerbeaver:
I have put my fingers in silly places before. I think we all did during puberty.

, and probably still do :wink: :grimacing: :sunglasses:

trux:

eagerbeaver:
I have put my fingers in silly places before. I think we all did during puberty.

, and probably still do :wink: :grimacing: :sunglasses:

Just more likely to wash your hands both before and after now :slight_smile:

True :sunglasses: :laughing: :grimacing:

Just had a right bollocking of er’ indoors.

" You need to grow up " was the advice given. ( I told her what this thread was about, and how I am a considerate boyfriend because I cut my nails before insertion ).

Claim! I broke a tooth years ago when a roof support post I was undoing to move sprung out and hit me in the face knocking me to the floor. I now have no end of trouble with the teeth in that part on my mouth and will probably have to have two or three removed.

eagerbeaver:
Just had a right bollocking of er’ indoors.

" You need to grow up " was the advice given. ( I told her what this thread was about, and how I am a considerate boyfriend because I cut my nails before insertion ).

Your brave :laughing: :laughing:

Some great feedback and advice guys, never had a disciplinary in my entire life so its all new to me!

Answer a few questions ive seen, i am in a union and im going to request a stewards presence. We have 3 stewards but ive heard one in particular is extremely good at quashing nonsense so ive asked for him. But iv also heard the guy doing the meeting is a jobsworth and looking to make a name for himself.

It wasn’t the store manager it was the backdoor manager. The store has several managers for different departments. This is the first time ive never closed the door myself so its not normally done by shop staff. No first aid offered, just are you ok etc, i said i’d be fine and left. It was witnessed by 3 backdoor guys so the story is as told i don’t need to worry about the manager lying.

Ive looked though my drivers handbook and site specific rules and it says severe injuries, fatal accidents must be reported immediately. I didnt think i had a severe injury, i wouldnt even clas a broken finger as severe.

This trolly dolly carry on is a whole new ball game to me, its 90% covering your arse and 10% driving. I’ll know for the future, will be phoning up paper cuts from now on :grimacing:

They’re absolute nobbers. Rife today. If anything cements the truth that they don’t care about an employee it’s a disciplinary because you didn’t report something. Because, in no way shape, or form can reporting it have actually helped you or un injur your finger. It’s so clearly got It written all over that’s this is about protecting their health a safety in the work place liability they may as well have scrawled it in crayon onto your forehead.

Play the ■■■■■ at their own game. Got to the doctors, explain how stressed you felt immediately after the accident due not wanting to take time off as only been there a year. Ram it home and say the current disciplinary is placing you under duress, you’re not sleeping etc etc. Get him to say you’re suffering stress as well as bust finger then explain to the company that the reason you didn’t put it in the book was you had a fractured finger after a work incident, was suffering stress and it was remiss of you but quote understandable. Further enquire why the healthy second party involve in this incident, the manager, did not report it as it happened in his presence.

Mention stress with a doctor’s backing and they should back off. God fobid I hate this namby pamby crap. Daresay the old schools will pipe up about what has it come to suggesting this, ■■■■ it up etc, but as you can see sucking it up gets you nowhere. Play these at their own game. Ultimately they’re placing you under more duress for being injured by own of their own machines when there’s probably more holes in their side of the story.

Why the buggered trailer etc etc? Why was it still in use? Why was a manager attempting to close it? Not least, why didn’t he report it■■? He’s a manager, wasn’t injured and as a manager involved surely it’s his responsibility to take care of an injured fellow employee and guide them as to the correct course of action. The avenues you can take this down are endless if they get really crappy about it but I’d go to the docs first and have that in your armoury incase they go ferrel on you.

They won’t fire you as they’d be placing themselves in a very compromised position for legal action due to multiple failings; the rear door not being fit for purpose, untrained personell injuring you etc. Ultimately accident book or no accident book report that would do nothing to help why you were injured in the first place.

*Edited as I can’t type worth crap on this ancient iPad. Ironically I’m in china where they probably have never heard of an “accident book” and would most likely just have shot you like a horse :laughing:

Dafproblems:
Some great feedback and advice guys, never had a disciplinary in my entire life so its all new to me!

Answer a few questions ive seen, i am in a union and im going to request a stewards presence. We have 3 stewards but ive heard one in particular is extremely good at quashing nonsense so ive asked for him. But iv also heard the guy doing the meeting is a jobsworth and looking to make a name for himself.

It wasn’t the store manager it was the backdoor manager. The store has several managers for different departments. This is the first time ive never closed the door myself so its not normally done by shop staff. No first aid offered, just are you ok etc, i said i’d be fine and left. It was witnessed by 3 backdoor guys so the story is as told i don’t need to worry about the manager lying.

Ive looked though my drivers handbook and site specific rules and it says severe injuries, fatal accidents must be reported immediately. I didnt think i had a severe injury, i wouldnt even clas a broken finger as severe.

This trolly dolly carry on is a whole new ball game to me, its 90% covering your arse and 10% driving. I’ll know for the future, will be phoning up paper cuts from now on :grimacing:

Your manual says injuries have to be reported. I’ll bet my hat and dollar it doesn’t say by whom! Why? Because what if your leg was cut off or you were mangled, you’re hardly going to be able to report it yourself then are you. The manager who injured you should have taken care of this, not least because he’s A/ a manager b/ involved and C/ was the uninjured party. You were stressed, not thinking straight after this. The failings on the company side were systemic, starting with the trailer and ending with the manager.

Don’t forget to get your holiday time back. You were off sick and not on holiday.
Your days off you took should be returned to you.

t4triaxle:
these internal health and safety questions can best be dealt with by a simple written statement
1 the people involved at incident you and store manager both felt it was a no incidence situation
2 the trailer age and condition was a factor and again both manager and yourself accepted vehicle condition as normal or within work parameters
3 you acted with your employers best interest and completed work and then attempted to work the next day
as soon as you were not able to work within company’s guidelines you asked for holiday leave
4 only when your injury became inflamed and discoloured you sought further medical advice whilst on leave
you returned to work and completed your duties as per standard work practise /guidelines
5 your line management were informed (as per your holiday request) of an injury at work and never asked for any accident report or advised you to report it
6 the delivery store manager again more experience in company health and safety policy felt no need to report the incident
you therefore feel the disciplinary action to be a surprise and hurtful to an employee who as you can see from this statement had only the companies interest at heart and would request that this incident highlights a training and policy area for the company to revise or renew policy regarding health and safety
hope this helps

Spot on

Freight Dog:
Daresay the old schools will pipe up about what has it come to suggesting this, ■■■■ it up etc, but as you can see sucking it up gets you nowhere. Play these at their own game. Ultimately they’re placing you under more duress for being injured by own of their own machines when there’s probably more holes in their side of the story.

I’m as old school as any bugger here, and i’m the first to say stuff 'em, i’ve done untold damage to myself at work over the years, all bloody old lorry drivers have it went with the job, but never have i found such a bunch of arse holes that they’d try to pin a disciplinary on me for such an event.

You are quite right, they started it not the OP, Freight Dog’s plan sounds good to me.

Pound to a penny you, OP, have to fill in a debrief sheet (for Christs sake get real) at the end of your shift…presumably they want on a report on how you abseiled onto the Iranian embassy balcony blew the windows in and killed 4 bad guys■■? oh no i remember now you did the same as any of us and delivered some goods with a lorry…Debreifing my arse :unamused: :unamused: :unamused:
Its companies that operate in the debrief world that go over the top on rubbish like this.

I’ve read most of the responses to this thread & come to the conclusion that maybe I’ve been wrong to judge TNUK so harshly as I have in the past.

I used to think that you were ALL nutters, now I only think that it’s most of you who are. Whilst there is some good advice here, there is also a lot of lonely people parked up for the night with no other form of interaction with real live people.

In reply to the OP, I can only say that if it came to a stage where an employer puts me up for a disciplinary which I think is unfair, then it wouldn’t need an autopsy, it wouldn’t need a discussion on an open forum. The fundamental basis of any relationship is ‘trust’. Where there is no trust there is no relationship.

CHAINSAW:

t4triaxle:
these internal health and safety questions can best be dealt with by a simple written statement
1 the people involved at incident you and store manager both felt it was a no incidence situation
2 the trailer age and condition was a factor and again both manager and yourself accepted vehicle condition as normal or within work parameters
3 you acted with your employers best interest and completed work and then attempted to work the next day
as soon as you were not able to work within company’s guidelines you asked for holiday leave
4 only when your injury became inflamed and discoloured you sought further medical advice whilst on leave
you returned to work and completed your duties as per standard work practise /guidelines
5 your line management were informed (as per your holiday request) of an injury at work and never asked for any accident report or advised you to report it
6 the delivery store manager again more experience in company health and safety policy felt no need to report the incident
you therefore feel the disciplinary action to be a surprise and hurtful to an employee who as you can see from this statement had only the companies interest at heart and would request that this incident highlights a training and policy area for the company to revise or renew policy regarding health and safety
hope this helps

Spot on

I would disagree with quite a lot of this for several reasons. You’re admitting liability on quite a few counts doing this. It may not appear so. Stating you deemed the trailer was in your view, within normal working parameters for one, also that you and the manager both agreed on this. Did he agree? Or are you just saying that? Such a statement is quite a weakening position for you and could potentially place you for further criticism given it clearly wasn’t fit for purpose; the defective door clearly playing a prime causal role in the incident.

By stating some of the above you are removing some of the armoury available to you for recourse if it elevates (which it won’t, for reasons I’ve stated. They just want a disciplanry on record to show to the HSE should your finger suddenly drop off). Keep your mouth shut until challenged, admit no liability but in the meantime arm yourself with docs note ad have your defence quietly ticked up your sleeve.

My qualifications: I’ve got a Post Graduate Diploma in HR Management, NEBOSH H&S Certificate, and seven years working in health and safety and HR.

You have received excellent advice in this thread and it just proves that the people posting on here seriously know their stuff.

My summary is:

Assuming you do not have a recent disciplinary history, there is zero chance of you being dismissed as this was not gross misconduct.

The chances are you were at induction instructed to report all accidents immediately. Regardless of what the manager did, the onus is on you. Unless he was your line manager in which case it was on him. If you were not inducted properly then they have a problem.

The reason for their reaction is defensive. They’re worried about a claim and so are going immediately on the attack to shift blame onto you.

In my experience unions can actually persuade you to side with the company. Trust your own confidence and independence first, think about involving a union second. Sometimes a fiesty friend or family member could be better.

Everything is evidence based. Seeing your doctor soon is probably a good thing to do, even tho you’ve been to the hospital.

Anything you say or write down can be used as evidence later. Think before you speak. And be extremely careful of anything you put in a work email or text message.

Secretly recording at work on your phone is legal so long as there’s nothing in your contract against it. It’s a great idea, especially for meetings. I’d advise on finding and configuring an app so it doesn’t make an LED blink on your phone or do anything to give away that you’re doing it.

Suggesting you’d use annual leave was inappropriate. It’s understandable but sick is sick and holiday is holiday. Keep things clear and simple.

Consistency is important. Companies get done for treating staff inconsistently as this demonstrates prejudice. If the manager should not have carried out that operation but is not getting disciplined, you have a case in addition to one for your injury, if you feel inclined to pursue it.

You were asked if you were OK. You said yes. Without obvious sign of injury, this in my opinion negates the suggestion that they should have provided first aid but didn’t.

I’ve rushed this a bit as I’ve just got in from work and I’m knackered so if I’ve misread anything or missed it out, sorry.

Hope this helps.

Dafproblems:
Delivery completed at store, the manager insisted on sealing the trailer (roller shutter door). Anyway he was struggling to close it, its a old trailer and there is a bit of a knack where you pull the handle then close. So i put my hand in the wrong place kind of gesturing how to do it and he shut it along with my finger :cry:

Thought i just nipped it really badly so didn’t make a fuss. That night it was still sore, work the next day it was still sore and moving cages etc it was agony.

So when i got back i said is there any chance of taking the rest of the week as holidays, they asked why and i said i caught my finger at a store yesterday. They agreed but nipped my head that i should have reported it when it happened.

Went to casualty after work as my finger was looking a right dodgy colour and i was paranoid it was going to fall off :laughing: anyway x-ray and it was broken.

When i came back to work the following week it was still sore but manageable whilst taped up.]

All you need is in here already, no need to tart it up, straight and simple, do not attempt to embellish it, excuse anything or accept any blame. Stick rigidly to this account, make a claim and appeal any negative disciplinary outcome.