disciplinary hearing tomorrow, please help!!

[godpikachu]

just appeal, but do it through an employment tribunal.

 

as for the radioing in part, would they have preferred you to cause a traffic accident instead of damaging a mirror that costs like £5 to fix.

 

as for the missing warning, if they dont have a record of it then it cant be used against you.

[shazmy]

It angers me that i put up with so much from this company and from the public (working on public transport) put up with it for 10 years and it all ends when a mirror falls off!

 

they don't consider that fact i have worked hard and had a good attitude towards work, when they have drivers who treat the public like crap and hate thier job.

 

It's because i'm on a good rate and the new drivers will be paid a lower rate.

[diskmandave]

just appeal, but do it through an employment tribunal.

 

A formal appeal through the company Disciplinary Procedure

is a must if you further plan to take action at a Tribunal.

[shazmy]

i've organised a meeting with the head of the union tomorrow and we will discuss a plan of action, i hope he is better than the reps i've had so far.

 

i think i can argue on the point that had i not manouvered when i did, there would have been a collision with another vehicle and thus injury to my passangers too.

 

Also will argue that i was only given 48 hours notice of the disciplinary where statutorily i have been advised it should have been 72 hours.

 

And i will argue that the first formal warning i got wasn't my fault (it wasn't) so this should be my final warning not dismissal.

[MrShed]

What was the outcome of the meeting?

[shazmy]

What was the outcome of the meeting?

 

 

outcome of todays meeting? i was dismissed, i have just found out i have to wait a week and half until i can appeal......i have been dismissed with 8 weeks pay. :?

[BeauBrummie]

Hi shazmy,

 

Sorry that you have been dismissed today Im sure it will be a shock at the moment.

 

Several points here regarding procedure,

 

1) You were not suspended automatically on Friday, so the company did not think your misdemeanor was serious enough stop you from working. I suspect that you were only suspended due to someone looking at your records and deciding that enough was enough under a "totting up" procedure.

 

2) The fact that they cannot find a copy of the first written warning is quite important if you wanted to take the company to a tribunal ie don't look to hard.

 

3) Your hearings previously and today were the minutes recorded by someone? were you given the opportunity to have a representative at the hearing.

 

4) Having dismissed you, the company must give you the right to appeal within 5 working days of the date of their letter. Be ready for this. You should be given right to appeal to someone higher up in the company managment or directors. If they do not do this it is a breach under the Working Time Regs.

 

5) Your offered payout should represent your notice period under you contract, I would suggest that at 10 years service is 10 weeks notice?

 

Most of all get everything in writing and your replies/appeals should be in writing. You have 3 months from today to take the company to a tribunal if you feel you have grounds after any appeal is rejected.

 

Good luck

 

Beau

[MrShed]

Sorry to hear that shazmy.

 

What were the grounds for dismissal? Gross misconduct? Competency? etc

[diskmandave]

You have 3 months from today to take the company to a tribunal if you feel you have grounds after any appeal is rejected.

 

It's actually 3 months from the date of the last cause

of action, which would, following a rejected appeal, be

3 months from the date on the letter saying that an

appeal had been rejected.

 

Also;

A neat trick that some solicitors employ when they're getting

a little close to the wire is to raise a grievance on grounds

of procedure, and when the employers reply it automatically

restarts the 3 months.

 

Regards, Dave.

[shazmy]

Just an update....i had been dismissed because of 'driving standards' and i have an appeal hearing on Wednesday.

 

i've had lots of calls over the week......mainly support from collegues and some from my trade union who all think it's a case of unfair dismissal.

 

Well i am seeing my trade union manager on Wednesday before my hearing and we will discuss what we are going to appeal and how......to be honest i've lost hope and i am feeling rather down :-/

[godpikachu]

Just an update....i had been dismissed because of 'driving standards' and i have an appeal hearing on Wednesday.

 

i've had lots of calls over the week......mainly support from collegues and some from my trade union who all think it's a case of unfair dismissal.

 

Well i am seeing my trade union manager on Wednesday before my hearing and we will discuss what we are going to appeal and how......to be honest i've lost hope and i am feeling rather down :-/

 

 

Make sure you take the union rep with you into the meeting, this is your statuatory right and they cant stop you from taking him.

Like he says, you have a claim for unfair dismissal here, as it is obious they just want rid of you, and are using the driving standards reason as an excuse.

If the appeal fails, then its tribunal time.

 

give em hell bud!