Your thoughts. Seriously.....

not much to add really apart from to say this is nonsense. You have a car provided though work, the car is insured against accidents. As long as the car wasn't damaged through misuse where is the problem?

I have driven company cars for 15 years and never heard of anything like this before. Check through your contract/company handbook.

Unless it is clearly written down that an accident is misconduct they can't discipline you for it. They can't make it up as they go along !
 
Smiffy I had heard you were a bad driver but I though that was golf.

On a serious note check to see if you have free legal advice with any one...eg banks or something. You may be able to get free legal advice on where you stand!!

Good Luck
 
Well I have just come off the phone from the ACAS helpline, and it seems that the company were within their rights to put me on a final written warning because they have suffered a financial loss.
It has been suggested that I write a letter of appeal disagreeing with the severity of the warning whilst also pointing out that in the past there have been inconsistent punishments given out for similar accidents, and that I have been treated unfavourably.
 
Smiffy said:
Errrr...damage to my car was about £1,700.00. I don't know the extent of the damage to the other vehicle, but I would guess it's slightly higher. I couldn't afford to.
Click to expand...

Dont know what to say with out a load of sear words....thats a shocker good luck with the appeal
 
As a uniod rep at my place of work i wouldn't mind this case. See's unfair to go straight to final warning. Sadly in an age where sacking is cheapest form of staff reduction this sort of rubbish happens alot. Is driving a works car mandatory for your work if not i know in my work we would all refuse to drive until specific guidance was issued for just this scenario. As for why you took your eyes off the road seems reasonable that we all will from time to time otherwise there would not be so many buttons but proving why you did instead of just not paying attention could be hard to prove.
 
Rob, I'm no employment expert but I'll add my tuppence worth.....

Surely you were insured?? Surely the insurance will kick in and pay for any damage?? You could offer to pay the excess??

From an employer's point of view, as long as you weren't drunk, under the influence of narcotics or driving recklessly then surely it's just a road traffic accident that's dealt with in the same way as any other RTA that occurs in this country???

I will add that I've been the victim of a 'gross misconduct' sacking and the whole thing was an absolute farce! The company wanted me out (for whatever reason) and came up with all manner of wibble to get me out. You may be in the same boat, my friend.

I wish you all the best, really I do. In these times of financial hardship companies will do all they can to trim the workforce. :o
 
I see no financial loss if the insurance covers it which they will.

I would agree with ACAS if their was president, however, there is in fact president of an employee doing the same and not recieving the same consequence. Punishments have to be seen to be fair and equitable otherwise it can be deemed as harassment or victimisation in my non expert but common sense view.
 
The whole situation stinks especially as you have use of the company car all the time and could literally have another prang at any time. I'd be tempted to buy a £500 runaround and tell them to stuff the car.



..... and then go find yourself another job.
 
JustOne said:
The whole situation stinks especially as you have use of the company car all the time and could literally have another prang at any time. I'd be tempted to buy a £500 runaround and tell them to stuff the car.
..... and then go find yourself another job.
Click to expand...

James. It really isn't that easy to "find another job".
I'm 56 in January. Other firms don't want 56 year old salesmen. I cannot afford to go and work in Tesco or Payless DIY, if I could I would have got out of this line of work years ago.
Take my word for it. Have you been down the JobCentre lately or looked in the local papers?
There is feck all about.
 
I worked for a Large Main Dealer for ten years, 5 as a Sales Manager, I never came across a "1st accident" as a final warning, the guys had to pay the excess and then it was all forgotten, unfortunately it does sound as there may be a hidden agenda here!
I think you need to speak to HR first and then take it from there, although be a little careful as I can not agree that all HR departments are impartial.
Anyway good luck with it mate!
 
Smiffy have you got a copy of your company disciplinary procedure. My company, when anyone is driving a company car the excess is much higher and the driver needs to pay that if they have a smash. Can you offer to pay the excess?

As before, all this seems a little harsh……………A LITTLE HARSH.
 
Smiffy nothing to add other than to say good luck and hopefully a lesser charge, if any will be the result.

We're going through a staffing reduction exercise at work at the moment and have to say this kind of stress with the current employment market and time of year is no good for anyone.

Again, best of luck!
 
Rob

Did they charge you with gross misconduct? If you admitted it and it was looked on as driving without due care and attention then they could deem it as such. In which case they could have dismissed.

I would appeal but carefully put together an appeal with all points for consideration.
Do not get arsey,
When I do conduct cases, each are taken on their own merit so presedence wouldn't necessarily come into it unless there has been previous identical scenarios where a lesser penalty has been given. If this is the case then quote this in any appeal.

As has been said previously, if the third party is seeking compo, there may have been "advice" given to the interviewing manager to cover the company.
 
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