Your thoughts. Seriously.....

Smiffy said:
I took a witness in with me. Guy from the parts department who had an accident in a company car himself last Summer.
He didn't get a written warning, let alone a final written warning.
Click to expand...

Surely that sets some sort of precedent then?? It sounds VERY harsh to me and I assume they know they're within their rights to go straight to written warning? Perhaps the staff handbook states something along the lines of "negligent damage to company property etc" being gross misconduct? Even if that were the case then an appeal would still be justified as accidents do happen and you weren't speeding or on the phone or anything that would really constitute negligence...
 
have you been there less than a year? i was given a verbal warning (although at the time they didnt say it was) then a week later sacked because of said verbal warning!!! i checked the company handbook and they were so wrong. because of family stuff ive moved on and forgot about it. thats why i can reply to this at this time of day!!! ps i havent signed on at the jobcentre
 
Sounds very harsh Smiffy. Surely if you have had a perfect work record with this company then having an accident should not affect your position. I am not legally trained so would not even start trying to give you advice on your legal position. But I would have a bloody good read of the company procedures and if still in doubt speak to a solicitor. There are always one that will give a free legal consultation, then you will have an idea of where you stand. Good luck mate I hope you get it sorted out in your best interests.
 
murphthemog said:
Is this to do with this dealership, or is it to do with the company you used (still?) to work for, and your previous record with your last manager, sitting in a file at head office?

There has to be more to it than a simple rta?
Click to expand...

This is to do with this dealership Murph. I transferred to here early in May and have been getting on great here. Good sales figures and a good working relationship with everybody.
It's the same company, just a different branch. I have no warnings (written or verbal) sitting on my files anywhere, only a history of "bad blood" with another manager at the branch I used to work at.
That should have no relevance to the severity of punishment for this accident.
 
Rob I will have a word with Jeremy this afternoon, and get him to speak with his employment contract solicitor. Can't believe you got a final written warning for a genuine accident that happens all the time. Rich
 
I dont know much about employment law but there 2 things here which may be relevent.

1. The company have sent you on several training courses recently which they will have paid for. Now, if they were planning on getting rid of you then they wouldn't have wasted that money.

2. The guy Smiffy hit is talking about claiming for injuries and whiplash, despite admitting he was fine at the time.
I just wonder if the company is covering itself in some way against the threat of being sued by "severly punishing" Smiffy.?
 
NWJocko said:
You say "any further breaches of company policy".

Is it company policy not to have an accident!? Seems very harsh to me.
Click to expand...

I think we pretty much know that you could appeal and/or screw them for this.... it's just up to you to decide if you want to or not (rock the boat.. etc etc).

Like I said before, get your head in the paper and get out of that lousy company.... and screw 'em over on the way out the door!
 
Smiffy, have a chat with the company HR manager to clarify the position and if procedures were followed. The HR manager should remain neutral, again I say should. Ask them as many questions as possible and to state which part of the company handbook it all relates to.
It would be like a warning shot across the bow as the HR manager will speak to the bosses and advise them that a final written will be too much and may get it reduced to a verbal.

All else fails, back up and say it wasn't your fault it was the ergonomics of the car and that they should have electric heating windscreens like the Fords...might as well go out with a blast!!! :D

CK
 
This smacks of hidden agenda. As an employer myself I know the difficulties in getting rid of someone. I know of cases where employers deliberately build up a case against an employee to work them out. I have 3 vans and every one of them has been bumped, all our drivers faults. Never even considered discipline

To put your situation it in football terms; it doesn’t warrant a sending off, but two yellow cards get the result. Follow the advice and check procedures have been carried out correctly and appeal.

I’m sure I’ve got it completely wrong, but maybe, just maybe they need to shed Labour and intend to build up a case. It’s the next slight mistake that gives you the red. Don’t want to frighten you but watch your back
 
i think bobs point is most valid. the the other party is looking to claim for whiplash from you, as the insurer your company is going to get the wack of it when their policy increases next year, id bet y bottom dollar that the firm has issued a final warning pending the outcome of the guy claiming whiplash to protect their own backsides.,

Its seems that alot of help is available through this forum, may be worth taking it, such as a round of golf with matty's mate ;)
 
yeah, it does appear that theyve done it to appease the insurance company.. They still have to follow the law though, and they havent (according to the OP). Appeal quietly and politely...
 
I dont see any relevance to the insurance company.

Smiffy, you stated bad blood with another manager and that you were told immediately after reading your statement that the Bosses decision was a final written warning, was the boss present?

There is certainly evidence of a hidden agenda here and possibly a pre-determined decision.

Smiffy, call this number NOW, extremely helpful.
The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.Call the Helpline on 08457 47 47 47.​
 
DarthVega said:
Smiffy, you stated bad blood with another manager and that you were told immediately after reading your statement that the Bosses decision was a final written warning, was the boss present?
Click to expand...

No he wasn't mate. He works at a completely different branch.
I am definitely going to appeal against it.
As the situation stands, I will be terrified to attempt to drive into work should we get snow over the next couple of months because if I happen to have a bump in my car I am out of work!!
Even Lewis Hamilton doesn't have to drive under that sort of pressure
:mad:
 
Smiffy said:
No he wasn't mate. He works at a completely different branch.
I am definitely going to appeal against it.
Click to expand...

Looks like a predetermined decision, I think (without knowing all the facts etc) there could be a very strong case for constructive dismissal, Smiffy PLEASE call ACAS, they are extremely helpful and knowledgable, you need someone batting on your side apart from all the forum supporters.
 
DarthVega said:
Looks like a predetermined decision, I think (without knowing all the facts etc) there could be a very strong case for constructive dismissal, Smiffy PLEASE call ACAS, they are extremely helpful and knowledgable, you need someone batting on your side apart from all the forum supporters.
Click to expand...

Cheers mate. I did contact ACAS last week when I first received the letter calling me to a disciplinary. They suggested waiting to see the outcome of the meeting and then ringing them again. Their helpline is open until 8.00pm so I will give them another call when I get home this evening.
 
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