Gross Misconduct?

[Vostra]

I have just been told I am being disciplined for gross misconduct. I work in a warehouse and was caught on camera using a pump/pallet truck as a scooter. I had to move pallets from one side of the warehouse to the other and on the way back to get a pallet I used the truck as a scooter. I know this is stupid but can it really be classed as gross misconduct? What do you think my next step should be, any advice?

 

I have worked for the company for a long time and hope this will help.

[Bigredbus]

Hi, and welcome to the CAG...

 

a) How long have you been working there?

b) Do you have in your possession your contract/statement of employment particulars and your handbook of employment?

 

If your answer to (b) is 'yes', then under the clause related to 'disciplinary and grievance' you may find a chapter dedicated to 'gross misconduct'... Do check if anywhere you may find your misconduct under that head...

[Vostra]

Hi, thank you for the reply.

 

Close to 7 years and I dont have the handbook to hand, but it does mention breaking health and safety in the gross misconduct section

[Bigredbus]

You have to get that handbook, as it would precisely state what they understand as constituting 'gross misconduct'...

 

What did that letter (if you received any) state in terms of disciplinary?...

[RachelMD]

Have you been suspended pending the disciplinary hearing?

[Vostra]

Hi,

 

Yes I have been suspended. The letter says the allegations are serious and could result in my dismissal for gross misconduct

[Bigredbus]

How are your past records in terms of disciplinary?

 

You really need that handbook now!

 

[...and Hi, Lady Rachel!...]

[RachelMD]

As BRB said, get a copy of the company handbook/disciplinary procedure.

Are you in a union?

You need to arrange for a representative (either a union rep or a work colleague) to accompany you. Then you need to prepare a statement to present to the hearing.

Is this practice widespread? Do you feel you're being singled out for some reason?

[Bigredbus]

And would you be so kind as to reproduce that letter on the forum, ommitting names, and company, please?

 

Thank you!

[Vostra]

Re: Suspension from work

 

As a result of the serious incident/allegations made against you on xx/xx/xx you are suspended from work on full pay to allow us the opportunity to investigate the circumstances. Please do not attend work until xx/xx/xx when you are required to be present at a disciplinary hearing at xx:xx. General managers office.

 

In summary, the allegation is at xx:xx pm on (day) xx/xx/xx you breached the company health and safety policy and procedure, as you misused a pump truck in the warehouse as you were using the pump truck as a skateboard.

 

Any relevent documents arising from our investigation will be provided to you in advanced of this hearing

 

In accordance with paragraph 4 of the disciplinary procedure in the staff handbook you have the right to bring to this meeting a work colleague or a union representitive of your choice. It is your responsibilty to ensure that your chosen representitive is available at the above time.

 

You are advised that the allegations being considered are serious and that they could result in your dismissal for gross misconduct, so it is very important that you prepare carefully for this hearing.

 

-----------------------------------------

 

CCTV was checked to find evidence for a serious incident, they spotted 2 of us using the pump truck this way and we are both being called up for disciplinary.

 

I will get a staff handbook.

 

Thanks

[Bigredbus]

Thanks...

 

a) Are there been other instances where such a vehicle has been used in this way?... If yes, do you remember if the member of staff has been dealt with in he same way?

b) Have you been issued with warnings and/or awards in the past, and if yes, have they lapsed or are there any still live?

c) In your honest opinion, did you use that vehicle in a dangerous manner which could have put any of your colleagues, in your vicinity at the time, or yourself at risk? (You may reply to this one in a PM to those interested by the answer, so as to not to admit to anything)

[Vostra]

I have the handbook. The only thing that this can be covered under is "Gross negligence leading to a loss of company property, injury or similar"

 

a) The opinion of most in the company is that ever body uses the pump trucks like that, I dont think anyone has been dealt with though. This isn't something I can prove.

b) I have had issues in the past with absence/punctuality. But at present nothing is active, its been a couple of years since.

c) There was no one in this section of the warehouse, except me and the other person who is in trouble. So I don't think I put anyone in danger.

[Vostra]

Any thoughts on this?

[RachelMD]

Well, the challenge you face is to show that there is inconsistant treatment here. You need to show that this practice is commonplace, yet usually no action is taken- highlighting perhaps that there is some ulterior motive for their taking action against you.

I think though that you've little else in the way of a defence than to be very remorseful and hope that they let you off with a warning.

Larking around on a pallet truck could quite reasonably be seen to be a breach of H&S, and certainly if they were to dismiss you I think an ET would consider that dismissal is within the range of reasonable responses.