Hi all!
I would just like to bring a matter to the attention of all drivers:-
I was seen by a member of management for a big multi national company that I worked for holding an mp3 player while on the M1, I was not using the player I was moving it and knocking it against the door as it was buzzing and interfering with my driving.
I was told that I was suspended because the manager thought I was using a mobile phone. After going into a investigation and convincing them that it wasn’t a mobile phone it was my mp3 player I was told by my manager that he was unsure what company policy was on mp3 players.
I then went into a disciplinary hearing I told them again that I was moving it because it was buzzing! I was told that this was against company policy and the law and was dismissed from the company with immediate effect! (09/01/12)
Now I feel that after 7 years at a company without even a smudge on my record this action was very extreme.
So I’d just like to warn all the drivers out there that if you work for this huge multi nation company then beware as they will sack you without blinking an eyelid!
lukeandlei:
Hi all!
I would just like to bring a matter to the attention of all drivers:-
I was seen by a member of management for a big multi national company that I worked for holding an mp3 player while on the M1, I was not using the player I was moving it and knocking it against the door as it was buzzing and interfering with my driving.
I was told that I was suspended because the manager thought I was using a mobile phone. After going into a investigation and convincing them that it wasn’t a mobile phone it was my mp3 player I was told by my manager that he was unsure what company policy was on mp3 players.
I then went into a disciplinary hearing I told them again that I was moving it because it was buzzing! I was told that this was against company policy and the law and was dismissed from the company with immediate effect! (09/01/12)
Now I feel that after 7 years at a company without even a smudge on my record this action was very extreme.
So I’d just like to warn all the drivers out there that if you work for this huge multi nation company then beware as they will sack you without blinking an eyelid!
if you have a contract of employment and i asume you do being a big company what does it say in there, were you ever issued with a drivers handbook telling you the do’s and don’ts or anything stating anything about the use of mp3 players in you cab (not mobile phones) while at work. if you have never been told you must not use an mp3 player you might have a claim for unfair dismissile but its only and idea, you can not be expected to second guess what the rules are with out beening told
what law did they quote you that you were breaking
Hi gallows man not Stobarts it was a company named after a town
Wildfire yes I’ve got my contract of employement and the handbook which doesn’t say anything about mp3 players infact it only lists mobile phones,pdas and mobile electronic devices that transmit and receive data and its says that if caught you could face a fine and points on your lience.
I was sacked for using a mobile electronic device while driving which is gross misconduct apparently.
I’m no lawyer but i’d say that was unfair dismissal!
Surely its someones word against yours??..like JD has just said,why didn’t you just deny it??..I think that you have got a good case for unfair dismissal,companies think they can do what they like!!..My last company was a big concern,it used to get rid of people for stupid,trivial things and apparently they have not won ANY of the cases for unfair dismissal bought against them.
sorry to hear, but don,t think you have any chance of claiming anything i,m afraid, it seems from your post that you have admitted using an electronic device which will more then likely fall into the catergory they mention within drivers handbook…
you can,t deny it now as you have admitted it, dont waste your time with it and move on, hopefully sommething will quickly turn up… unless appeal works, good luck anyway…
dle1uk:
sorry to hear, but don,t think you have any chance of claiming anything i,m afraid, it seems from your post that you have admitted using an electronic device which will more then likely fall into the catergory they mention within drivers handbook…
you can,t deny it now as you have admitted it, dont waste your time with it and move on, hopefully sommething will quickly turn up… unless appeal works, good luck anyway…
excactly , sorry but they have you bang to rights.
My friend was shot out by this lot for having an unlit ■■■ in his gob. He`d been trying to give up for a while and is quite often seen wandering around with one in there, unlit. Genuine.
They also dont allow those plastic false things that smokers use when trying to give up. Thats also a sacking offence. Youre deemed to be smoking.
Its a bugger, but yes, I think youll have to take it on the chin mate. This is the modern way of things. Dont anyone think theyre well thought of. Anything over about 5 trucks and youre just a number.
Is this to be the latest way in which firms get rid of people, and avoid paying redundancy pay to boot?
Name and shame I reckon. I wouldn’t be going quietly because of something outside of the spirit of what “gross misconduct” is supposed to be about.
The firm I used to work for would sack you if you were off sick 4 times in a year, even if you’d been assaulted or had an accident that left you out of it in hospital. The spirit of it was to stop people taking the mick throwing “sickies” to watch the world cup or whatever, but the practice was that only the guys having legs amptutated/having accidents on duty (ie a serious medical issue, no bull!) ever seemed to get shown the door about it!
The only thing you can do in such situations is supply the names of both the manager putting you to dismissal, and the overboss who upheld it. Approach a solicitor with regards to unfair dismissal, assuming there isn’t a union to approach to do it for you. You get extra payout if the attack upon you can be proven to be personal (eg. others did worse than you at a similar time, and didn’t get sacked!). You’ll need statements from fellow colleagues which may or maynot be forthcoming (reign of fear?) but on a prima facia basis, I’d say an MP3 player is NOT a “electronic device receiving a signal” providing of course it isn’t one of those ones with a built in radio as well.
Guessing you was driving an Artic and the Manager was in a Car, yes? How the ■■■■■ did he see what you was doing? You ‘up in the clouds’ and him ‘down with the crap’.
Was the MP3 player plugged into the Stereo or your ears? If it was your ears why didn’t you just pull them out and deal with the ‘problem’ later? Interfering with your driving, how’s that work? Did it turn your cruise control on? Make you indicate, put the brakes on? What did they do?
If it was connected to the Stereo via ‘line in’ then it must have had a very long lead for you to knock it against the door.
To be honest, I don’t believe you, SORRY.
FOR INFO ONLY , AS AM RESPONDING 2 AN OLD POST;if you admit 2 a solicitor /lawer pre case that u did in fact carry out/commit whatever offence you are charged with , he/she cannot legally put in a defence of “NOT GUILTY” off said offence cos the BRIEF is then guilty of lying to the BEAK , and , if found out will at the very least never work in law again ,just so you know
lukeandlei:
Not naming as I’ve still got to appeal my case and I didn’t deny it because I’m an honest person and too stupid for my own good at times.
Dont bother around.
Just send them a Letter as the Dismissing is Un-Acceptable for you and you will go to Court to claim re-Employment if the Management does not change the Dismissal to an Formal Warning.
You also have to state that you are now aware that you did wrong and why,that you not will do it anymore and that you in Need to thank the Management for there Afford to make you aware of it.
lukeandlei:
Hi gallows man not Stobarts it was a company named after a town
Wildfire yes I’ve got my contract of employement and the handbook which doesn’t say anything about mp3 players infact it only lists mobile phones,pdas and mobile electronic devices that transmit and receive data and its says that if caught you could face a fine and points on your lience.
I was sacked for using a mobile electronic device while driving which is gross misconduct apparently.
I’m no lawyer but i’d say that was unfair dismissal!
does it state in your contract that using an electronic device while driving will be deemed as gross misconduct, or that it’s offence that if caught by the police you could receive points and a fine on your licence. unless they state in writing that it was gross misconduct the only thing i can see that they can do is give you a written warning. well thats the way i would see it but i might be wrong and someone is bound to put me right
