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Urgent Advice needed-employer fabricating lies.


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Sorry this is a long post but hoping that someone could advise.

 

My husband is a company car driver and in July was snapped on camera. As a leased car the leasing company filled in the Notice of Intended Prosecution (NIP) naming his company as the keeper. The police then sent an NIP to his employer asking for the form to be filled in with the name of the driver and specifically says do not hand to the driver. This form was given to my husband - being the dutiful employee he took the form but he thought it was outside of the 14 day rule and so sent it to the police with a covering letter asking for it to be wiped. The police sent a letter back to his employer stating that it had been correctly sent, that they couldn't deal with my husband as the matter wasn't yet in his name and asking for them to fill in the NIP. This was again given to my husband who dutifully filled it in and sent it to the police.

 

He heard nothing until some time later his manager asked him whether he had sent it back as the police had contacted the company to say they hadn't received it. He told his Manager that he had sent it back and his manager said that he would tell the company secretary.

 

Nothing heard again until a couple of weeks ago he was given a 'letter of concern' detailing the events that had occured. My husband had to ask for this to be amended twice as it contained 'assumptions' and incorrect details. The letter also said that the company had received a summons to court that could not now be revoked, that he would be fully investigated in line with company policy and that disciplinary proceedings may now be considered regardless of what happened at court. My hubby asked on what grounds a disciplinary hearing would be made and he was told 'off the record' it would be for brining the company into disrepute.

 

On the same day he had a letter sent by the MD stating the same thing that a court summons had been received by the company because my hubby had failed to fill in the NIP and that the court summons couldn't be revoked. He also said that he was disappointed in hubby and that the situation could have been avoided if he had been sincere and diligent. Hubby sent an email to the MD asking if he could contact the police directly, his MD said they would have a chat but he has received no contact from him at all and so has taken advice this week.

 

Following advice he was given hubby phoned the police about the matter. The police said that there has been no court summons sent but simply his employer has been sent notice that a date has been set for them to go to court should his employer fail to make any further contact with the police. The lady at the police actually said that she couldn't understand why they would want it to go to court. He was told that all that needed to happen was for his employer to fill in the copy of the NIP he kept (thank goodnesss he kept copies of everything) which would then put the speeding offence in his name and he could pay the fine and take the points. She reiterated that he was not able to fill in the form himself this had to be done by the employer.

 

It appears that the employer is trying to force the matter to court so that they have 'grounds' to fire him. The letters he has received contain outright lies and the situation is becoming very unpleasant.

 

He has sent a letter to both the MD and his Manager asking why they have put in writing that a court summons has been issued and that it cannot now be revoked, and also on what basis they would be taking disciplinary action. We are sure that the situation has now become so unpleasant that they will ask him to resign - can any one advise on his situation, what we do now, what to do when his MD or manager haul him in the office and say that due to the situation he isn't welcome to work there anymore?

 

Any advice would be really appreciated!

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This isn't an easy one to answer, and if the matter goes to the extreme you suggest you must get legal advice. However, based solely on what you have said, I would say that the employer is the one who was responsible in law for returning the form - and explicitly it was not your husbands responsibility to return it (unless that happens to be his job whenever such a penalty if sent to the company). I therefore cannot see any legitimate grounds for them to dismiss him whether or not he returned it. Whether or not he returned the form, it would appear that he has no legal duty here, and so he cannot be held accountable for it. If the company wished to make sure it was returned, then it seems to me that the reasonable thing to have done was to return it themselves having filled in his details.

 

However, at this stage there is only an investigation going on, and that investigation may clear him, or it may bring up other matters, depending on company policy. There is little that he can do except sit tight and refuse to resign - and if necessary, ride out a disciplinary. Because unless he is dismissed, there is no case in law, and only if he is dismissed is it worth taking legal advice, because a lawyer can't help him until that point in time.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hello and welcome to CAG. This does sound unfortunate for your OH.

 

Do you think the police would be prepared to put their advice in writing for him to show to the company? I hope he's kept a note of the conversation with the police and the name of who he spoke to in case he needs it.

 

Do you have legal cover with your household policy? You might be able to us that if you need it later.

 

My best to you both and hang on in there.

 

HB x

Illegitimi non carborundum

 

 

 

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Hello and welcome to CAG. This does sound unfortunate for your OH.

 

Do you think the police would be prepared to put their advice in writing for him to show to the company? I hope he's kept a note of the conversation with the police and the name of who he spoke to in case he needs it.

 

Do you have legal cover with your household policy? You might be able to us that if you need it later.

 

My best to you both and hang on in there.

 

HB x

 

Thanks.

 

He did ask the police if they could put it in writing, but because the speeding offence still isn't in his name they said they couldn't. However, he does have a note of the persons name he spoke to and has copies of everything he has been sent/given and also we have today sat and compiled a diary of what has been said/done and when.

 

Wondering whether a good investment to pay for the Which legal Help? Any recommendations?

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AT THE END OF THE DAY YOU HAVE TO PLAY THIS OUT

 

THE OBLIGATION IS ON YOUR EMPLOYER AT THE MOMENT

 

NOT YOU

 

YOU HAVE PROTECTION UNDER THE EMPLOYMENT RIGHTS ACT TO COVER YOU IN THIS SITUATION

 

have you considered doing a grievance report to your manager or hr

 

they have to offer an explanation then

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It seems to me from what has been written by the OP that the company is manipulating the situation for reasons best known to themselves. Your only defence is therefore the 'truth' and the law. Despite not wanting to rock the boat sometimes that boat gets rocked for you and the only way to handle it is the processes that are afforded to you from policies and legal process. In your husband's current circumstance raising the grievance is the only way forward.

 

I find this part of the story interesting "The police then sent an NIP to his employer asking for the form to be filled in with the name of the driver and specifically says do not hand to the driver." especially as when your husband found himself to be 'piggie in the middle' and has tried to do his best by both parties and failing in both too. This has placed him in the most awful of positions.

 

I would start to ensure that everything to the company and the police is in writing, raise a grievance against the people that has placed him in this position. I would offer a statement to the Police detailing his efforts and the company's refusal to obey the law, at least that way he will show in any future dealings over this speeding matter he has acted responsibly and that there is HUGE mitigation going for him. Also as SarEl has pointed out he cannot be dismissed for obeying the law only for disobeying it and as he wants to admit his transgression but is being stopped by the unlawful actions of his employer it is they who should be held to account under the criminal law.

 

If they ask him to resign his answer should be clear........ NO. NEVER take the first action. Tough it out and make the employer take the action. Their whole handling of the situation will then be under the scrutiny of the law and thus far, apart from being flashed your husband hasn't done anything wrong.

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