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.
the OP as admitted the above, (his honesty as caused the prob,) so wether manager saw him or not does not matter now… Ive been in plenty disciplinaries in my time and the admittance is all they need to do what they want… as he would have had to pass the player from hand to hand they will most likely use not in proper control of company vehicle. which prob will be a sacking offence, hope he wins the appeal though
i know we all do similar things and get away with it, but being honest and admitting fault is,nt respected anymore its just used to get you…
dle1uk: the OP as admitted the above, (his honesty as caused the prob,) so wether manager saw him or not does not matter now… Ive been in plenty disciplinaries in my time and the admittance is all they need to do what they want… as he would have had to pass the player from hand to hand they will most likely use not in proper control of company vehicle. which prob will be a sacking offence, hope he wins the appeal though
i know we all do similar things and get away with it, but being honest and admitting fault is,nt respected anymore its just used to get you…
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!
I think they have worded it such a way because the law is worded in such a way to cover all such devices.
Definitions
Hand-held device — something that “is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function”.
Device — “similar” to a mobile phone if it performs an interactive communication function by transmitting and receiving data.
I think it would be difficult in court to say a MP3 player could be considered a transmitting device as defined in the law on mobile phones in vehicles.
So if this is what happened stop writing on here and go and get some legal advice.
Writing my appeal letter today as the company hasn’t sent me the details of the meeting so I’m having to wing it! But I don’t want to miss the 5 day deadline they have given me. I check back soon and keep you posted folks. Thanks for all the nice replies really boosted my confidence.
Luke from your comments your honest ect, dont take an attitude in your letter as you have already admitted any guilt, point out your good points time keeping no accidents usual crap, apologise youve leraned form your mistake and it won,t happen again ect
if you still want your job that is, it might work and i hope it does but if it does,nt and you feel the need to take further action then give it a bit of attitude then…
I have used an MP3 player about 5 years now for playing whilst on the open road. It has a radio transmitter plugged into the jack socket, so it can transmit to whatever radio frequency is clear for where you are. Around here I have it set either to 105.6 or 106.0 FM. Once set (before you set off) you only have a button on it for switching it on and off, and a slider on the side to switch back to previous track playing, or the next one on the device. Sometimes the transmitter jams from local radio interference, and plays a continuous feedback sound, anything from a buzzing to a high pitched tone. These sounds are like the ones they play into the headphones when you have an hearing test during a medical. There are NO wires (other than the transmitter 6" to the player itself), and the distraction is minimal. I don’t fiddle around with it in town however, as some twit in a car beside me might think I’m looking at a text or “just gotta be getting this” which can of course lead to trouble.
I’ve never owned a mobile phone, as I don’t need them. If I were out tramping, I’d have a laptop which I’d only be using in my breaks. Music comes out of the Mp3 player and into the radio via it’s FM receiver. No hands.
Company policy can say it’s “gross misconduct” to pretty much do or not do anything they describe. HOWEVER I doubt very much that an employee of 7 years standing would have in that contract “Thou shalt not use an Mp3 player” as back in 2005, they were walkman type CD players rather than the flashmemory type ones you get nowdays.
I think it is unfair to compare an MP3 player to a mobile phone for distraction purposes, but it CAN transmit and receive a signal - at least mine does!
When I worked for Calor if you had ANY kind of Electrical device on you that was it, instant dismissal. That included Sat Navs, MP3 players and Mobiles.
I was on a motorway and it was dry, sunny and quite quiet. I actually told them that the mp3 is normal on a playlist or shuffle so I don’t have to touch it. I understand that using it in town or heavy traffic is dangerous. Have wrote my appeal now basically saying that company policy doesn’t cover mp3 players neither does the road traffic act or highway code, they all just seem to quote a device that is capable of sending and receiving data which my mp3 player doesn’t it just plays mp3(incidently the player is now broken, it won’t connect to the computer now) I also put that thought the decision was too severe considering my long service and that I hope the decision is reversed about my sacking.
dinosteveus1:
When I worked for Calor if you had ANY kind of Electrical device on you that was it, instant dismissal. That included Sat Navs, MP3 players and Mobiles.
I’d like to see someone try and enforce THAT!
It’s been years since I met someone out and about who didn’t have a mobile on them!
(Even if it’s switched off in your pocket, you still have one on you, and would get sacked right?)
Oh, one could just be dishonest and never admit you’ve got one, but if challenged you’d have to lie or get sacked right?
What if they have a random search policy and find a switched off one in your pocket? You’d be sacked?
Sorry bud, I find it hard to believe that this would be enforced ANYWHERE.
Rev 13:(16)Also it causes all, both small and great, both rich and poor, both free and slave, to be marked on the right hand or the forehead, (17) so that no one can buy or sell unless he has the mark, that is, the name of the beast or the number of its name.
Where do most people hold mobile phones? How much buying and selling (business) can you easily do without one?
Rev 16:(2)…So the first angel went and poured out his bowl on the earth, and harmful and painful sores came upon the people who bore the mark of the beast and worshiped its image.
No dependency on that little hand-held “god” for me - I’ll manage without one!
No brain tumours for me, I’m a refusnik!
dinosteveus1:
When I worked for Calor if you had ANY kind of Electrical device on you that was it, instant dismissal. That included Sat Navs, MP3 players and Mobiles.
I’d like to see someone try and enforce THAT!
It’s been years since I met someone out and about who didn’t have a mobile on them!
(Even if it’s switched off in your pocket, you still have one on you, and would get sacked right?)
Oh, one could just be dishonest and never admit you’ve got one, but if challenged you’d have to lie or get sacked right?
What if they have a random search policy and find a switched off one in your pocket? You’d be sacked?
Sorry bud, I find it hard to believe that this would be enforced ANYWHERE.
It’s right. Anybody caught with a Mobile, anything electrical or anything that could make a spark was out. No messing about. The cabs had built in Mobiles and you picked up an intrinsically safe TomTom at the Gatehouse. You also had a intrinsically safe PDA that couldn’t be turned on until in the cab.
We are talking highly flammable LPG Mini Bulk Tankers.
Winseer:
Sorry bud, I find it hard to believe that this would be enforced ANYWHERE.
When I did computer transport I delivered to many places where that sort of thing was rigidly enforced. Any such items would be left at the gatehouse and if you tried to avoid it and were later found with a device you were out of there, banned and risked losing your job. In certain places I delivered to you also ran the risk of being arrested and prosecuted if you thought you would just hang on to your phone, PDA, MP3 player and the like, and it was discovered.
about 15 years ago this was policy at several companies i did work for around the midlands, rosier chemicals/BASF ect, and today a similar policy excists at nursery my little one goes too, all staff are to lock any mobiles/cameras ect in their lockers…
dle1uk:
about 15 years ago this was policy at several companies i did work for around the midlands, rosier chemicals/BASF ect, and today a similar policy excists at nursery my little one goes too, all staff are to lock any mobiles/cameras ect in their lockers…
still goes on now, most places i go into i have to hand over my phone, suits me
Doesn’t anyone else use a wireless MP3 player? There’s no long leads involved, being wireless and all…
The impression I get reading these posts is that you need to set it up like Christmas Tree lights or something?
Right or wrong it doesn’t matter it just sounds like a petty bs reason to get rid of you i would definitely take them to a tribunal no hesitation let them be on the receiving end and hopefully someone from their management gets canned for making a mess of sacking you and having to pay out compensation when the tribunal rules in your favour… one other thought is there any chance this company might be in financial trouble and could be looking at making redundencies thereby getting rid of long term drivers for petty reasons would save them redundancy payouts…
lukeandlei:
The mp3 player just plays mp3 not radio, did I mention that the stereo doesn’t work ie no radio signal and cd player won’t play cds?
Is that because the MP3 player is plugged in and the auxiliary has taken over. Did you defect the radio before you left the yard
Eh? It might as well use one of those wires connected to a cassette shaped pickup thing than use the AUX in on some modern radio…
What’s wrong with the normal radio pickup? No wire flapping around everywhere, hands free, no crackles from faults in the wire, or intermittant contact. inoffensive…
Does anyone here know what I’m talking about, or am I going to put some details here? That’s awkward anyway, as this item was brought for me as a present 5 years ago and may have come from overseas.
You plug a unit about the same size as the Mp3 player itsself into the m3p player via a jack with a coiled 6" lead. You then decide what is a blank radio freuqency before you set off. For me this is 105.6 in west kent, 106.0 central, or 106.3 in Thanet.
Further afield, one of the first three usually works, but you might find yourself switching over when going past big radio masts like Wrotham Hill, Sutton Coldfield, Membury, etc.
When the radio is switched on, and tuned into what now is your transmission on a previously blank waveband, you get reception as if it were the local FM channel Galaxy, Northans, Invicta, ,etc etc. You can keep the playing twin devices in the pocket, or on the dashboard. If you really feel mean you can find some scanny with his curtains closed listening to Classic FM in the MSA, and tune your output to 100.9 or nearby, and upset him with some Iron Maiden or something! The range of the device is about 30 feet with the best reception from within 3 feet of the radio.
I thought that all MP3 players were like this nowdays - dinglydangy wires are actually NOT running the show here surely?!
Winseer:
Eh? It might as well use one of those wires connected to a cassette shaped pickup thing than use the AUX in on some modern radio…
What’s wrong with the normal radio pickup? No wire flapping around everywhere, hands free, no crackles from faults in the wire, or intermittant contact. inoffensive…
Does anyone here know what I’m talking about, or am I going to put some details here? That’s awkward anyway, as this item was brought for me as a present 5 years ago and may have come from overseas.
You plug a unit about the same size as the Mp3 player itsself into the m3p player via a jack with a coiled 6" lead. You then decide what is a blank radio freuqency before you set off. For me this is 105.6 in west kent, 106.0 central, or 106.3 in Thanet.
Further afield, one of the first three usually works, but you might find yourself switching over when going past big radio masts like Wrotham Hill, Sutton Coldfield, Membury, etc.
When the radio is switched on, and tuned into what now is your transmission on a previously blank waveband, you get reception as if it were the local FM channel Galaxy, Northans, Invicta, ,etc etc. You can keep the playing twin devices in the pocket, or on the dashboard. If you really feel mean you can find some scanny with his curtains closed listening to Classic FM in the MSA, and tune your output to 100.9 or nearby, and upset him with some Iron Maiden or something! The range of the device is about 30 feet with the best reception from within 3 feet of the radio.
I thought that all MP3 players were like this nowdays - dinglydangy wires are actually NOT running the show here surely?!
one other thought is there any chance this company might be in financial trouble and could be looking at making redundencies thereby getting rid of long term drivers for petty reasons would save them redundancy payouts… 
