My job at stake

[steavyd]

The clampers revenge?

 

Yesterday whilst delivering in Bicester I was clamped.

I knew my delivery as I had done it before and knowing I needed my 45 break, thought this car park where my delivery point was was ideal as I don't block anyone.

I popped to the newsagent for something to read, on my return I was being clamped, to cut this short, I was released after payment by my company.

When I got back to my depot I was suspended from work pending a hearing because the clampers had made a complaint about me, I don't know what the complaint is as I will get to know at my investigation.

The fact they suspended me tells me it doesn't look good.

The most annoying part is, the only foul language and abuse used came from the clampers!

[version302003]

If you said or did nothing then probably their made up complaint was to try and justify their rip off charges and get paid.

[steavyd]

I never thought anything of it at the time but, the last words they spoke were "This will cost you your job"

 

A strange comment I thought, until I returned the depot!

[assisted blonde]

Your company must give you details of why you are suspended and details of the complaint against you are you sure they didnt give you any more reason than a complaint has been made by the clampers, also did you say anything to the clampers that could be construed as threatening

[Mr lex]

Hi Steavyd,

 

It may be an idea to print off a copy of this page, it may not help, but will show you did not make it up at your investigation.

 

Not much help I know

 

Lex

[steavyd]

I have been told they have to give me details at my investigation, I also have to put my version of events in then they will decide whether or not to take it to a disciplinary.

In no way was I abusive nor did I say anything offensive, if you saw the size of the guy nor would anyone else!!

[Sidewinder]

Your company must provide you with precise details of what the allegation is before you can attend a disciplinary hearing. You simply cannot be in a position to defend yourself if you are only given the evidence at the meeting itself. You need to ask for an adjornment pending full disclosure of the evidence in order to prepare for the hearing.

 

You say that you were suspended when you returned - how was this carried out? Were you given the right to have a witness present? Has the suspension been confirmed in writing?

 

Secondly, are you sure that the clamping was lawfully carried out? Who was the company responsible and are they SIA registered? Private property or local authority car park? What signage was there to warn of the possibility of being clamped? Was this clear?

 

Lastly, how long have you worked for this employer?

[steavyd]

As said, I will be given all details Monday as it is only investigatory.

 

You say that you were suspended when you returned - how was this carried out?

 

I was simply led into a room and handed my letter and told to return for investigation on Monday.

 

 

Were you given the right to have a witness present?

 

Not for this no.

 

Has the suspension been confirmed in writing?

 

Yes.

 

 

Secondly, are you sure that the clamping was lawfully carried out? Who was the company responsible and are they SIA registered?

 

Yes, have checked their website.

 

What signage was there to warn of the possibility of being clamped? Was this clear?

 

Yes, was very clearly stated about clamping.

I am not complaining about being clamped, it's the fact they reported me to work for doing nothing basically.

As a delivery driver who often delivers in clamping areas you tend to forget about the signs, no excuse I know but thats the way it is.

[Sidewinder]

Fair enough, but reserve the right to turn the tables with a written complaint to the clampers' employer and the SIA about their behaviour, threats and abusive language.

 

I would be wary of discussing too much detail at an 'investigatory' meeting - restrict yourself to responses such as 'preposterous' 'outrageous' and 'absolute lies', together with a categoric denial of any wrongdoing. I really think that this should not even progress to a formal disciplinary.

[steavyd]

TBH I would accept a written warning on this for allowing myself to be clamped and costing the company £388.

Hazard of the job, what I am finding difficult to understand is why the clamper felt the need to make a totally false complaint against me.

[Sidewinder]

£388? Absolute robbery!

[sillygirl1]

Is there any CC TV evidence from the car park, this might help your case and shed some light on the clampers behaviour - sounds like they need to be reported themselves, maybe they were doing too much over zealous clamping and their own jobs were on the line.

[steavyd]

Is there any CC TV evidence from the car park,

 

Unfortunately not, I phoned the outlet I delivered to today and he told me they don't have a cam.

He did however tell me there have been a few unsavoury incidents with these guys but thats heresay so won't help me.

[godpikachu]

He did however tell me there have been a few unsavoury incidents with these guys but thats heresay so won't help me.

 

well, it could help actually, if the outlet has had documented complaints about the activities of the clampers then this could be used as ammunition in a counter claim against them and a complaint to the SIA.

 

if the firm is having regular complaints made about their business practices, their employees attitude towards people and their use of intimidation, then they could have their operating liscences removed.

[steavyd]

if the outlet has had documented complaints

 

No, like I said it was hearsay stuff the customer had heard, would not stand up anywhere no matter how true.

[godpikachu]

still worth a mention though, i mean they are making an unsubstanciated complaint about you (where is the evidence of what atrocities have you supposedly committed?), so its worth mentioning that you were told by a member of staff at the place had said to you that numerous complaints had been made about the clamping firm.

 

remember, at your hearing, or whatever your employer is doing, to first deny that you have done anything, then ask for evidence of the complaint to be provided in writing, along with relevant proof of said incident.

this is your right and your employer should be fully aware of this.

it would also be worth mentioning the fact that the clamper said what he said to you as he left, and state that you believe that this is nothing more than a revenge attack against you for outsmarting him.

 

i mean come on, they dont have any kind of substancial evidence against you other than what some bloke told them over the phone, which ,funnily enough, is hearsay as well, and obviously if it cant be proved, then whos to stop other people gossiping as well?.

i could ring your employer up and tell them that as well as being physically violent towards me, you also kidnapped my first born son, set fire to my house and sodomised my dog, would they discipline you for that as well?

[steavyd]

i could ring your employer up and tell them that as well as being physically violent towards me, you also kidnapped my first born son, set fire to my house and sodomised my dog, would they discipline you for that as well?

 

Thanks for that, brought a smile!!

 

Thank you for all replies, I will come back to let you know what happens and will take on board advice given.

TA

[p_cas]

There must be some reason though why they'd contact your employer and make a complaint? It just doesnt sound right. What would be the point of them doing it unless you'd said something to them? Theyve got nothing to gain from making a complaint without some justification have they? It does sound like youre leaving something out of what youre telling us here, sorry. I think nearly all of us would curse and swear a bit in that situation.

 

If it was me I'd probably say to my employer 'I'm really sorry, I was annoyed with myself etc etc. Anything I said wasnt directed at them. Deduct the money from my salary' and hope you get away with it. After all, its not a client who's complained.

 

Just my view because, to me, it doesnt stack up the way youre telling it.

[steavyd]

Of course I expected a reply like yours.

I said nothing wrong to them, I never swore at them, any foul language or abuse came from one of the clampers.

I too am at a loss as to why they reported me.

[godpikachu]

.....I too am at a loss as to why they reported me.

 

theres this wonderful human emotion that explains why this is happenning, its called "Malice".

 

these clamper guys are a law unto themselves, and, to make it worse, most of them are on commission.

 

what this guy thought when he clamped you probably went something like this...

 

"ooh, its a delivery firm, if i slap a clamp on that, itll be £150 for a penalty, another £100 release fee, theyll probably refuse to pay immediatley, so thatll be another £150 for towing, £25 a day for storage, then another £50 for letters, im gonna be minted off the back of this idiot...hee hee"

 

then when your boss paid up straight away, he watched the best part of £200 slip through his fingers, in his own mind he had already spent the comission he was gonna get paid, so hes a bit pi**ed off, what does he do?, makes a note of the number on the side of your van, then rings up and says all sorts of sh*t about you.

 

people are petty like that, especially jumped up muppets who are on commission.

[postggj]

i take it you dont have a union rep

[steavyd]

Sad thing is, I am pretty sure it will cost me my job, have taken some advice and because I have only worked for them for 15 weeks, I have no rights as regards unfair dissmissal.

[steavyd]

i take it you dont have a union rep

 

Wouldn't make any difference.

[postggj]

may i ask why

they can sit in at the interview

or a nominated person

employers have to do a set procedure ref staff

 

just dont want you to get rail roaded

[steavyd]

Monday is just a investigation into the allegation, the way all this has happened would suggest it may very well go to a disciplinary.

The reason I say a union rep would not help is the time I have been employed by this company, means the can reasonably dissmiss me without me being able to challenge it.