can anyone give me any advice on this situation?

rach!_3

partner has been at his job almost 3 years,
done training on all kinds of machines/diggers and moved up i the company from being a rubbish picker to plant driver, anyway wednesday he accidentally drove one of the vehicles into a gurder(sp?), the vehicle wasn't his usual one (as that had a puncture) and was slightly bigger, he has been taken away from driving job(which is fair enough) and given picking duties again while they investigate,
he has been told the investigation can take upto 2 weeks. But we are really worried he will lose his job as this is what happened to the last driver to do something similar, can they really let him go because of an accident? his manager has said she doesnt want him to lose his job(i think because he does more than his own job all for one pay) and will help and try all she can but at the end of the day it is down to HR and their decision.
i have been googling and will carry on doing so, but i thought it would help to also get advice from people that know.
thanks in advance for any help and advice

(p.s. forgot to add his manager is going to see if they will let him keep his picking job even if they wont let him stay as a driver which were happy with)

fengirl_2

Before they can dismiss him, they will need to hold a disciplinary hearing with him at which he has the right to be accompanied. He then has the right of appeal if he is dismissed. Is there anything in the employee handbooks which states what the company regards a gross misconduct which he could sue for guidance?

olias

You cannot be dismissed for an 'accident', as stated the employer would have to prove negligent behavior through a disciplinary investigation.

If no negligence is found, and their own investigation concludes it was an unavoidable 'accident' then, to be honest, I don't think they could even demote him back to 'picking duties' without being on dodgy ground

Olias

bank_of_slate

if a similar incident has occurred before then it's an obvious risk that should be assessed by a Health & Safety qualified person.
I would have a look at the Health & Safety Executive website!
...Linda xx

rach!_3

thanks everyone for all your advice,
my partner now wants to hand in his notice as his manager has told him "off the record" that it sounds like they have already made up their minds and they wont even allow him to stay on picking duties, my partner would rather leave than be fired.
its stressing me out so much, we have 3 children to think about and i dont know what will happen now he doesnt/wont have a job.

bank_of_slate

I would advise your partner not to give in that quickly.
It might seem like the easier option but at least if he stays for a short time while he looks for something else at least there will be a wage coming in.
...Linda xx

kazwookie

Was he trained to operate this machine, and they have signed records to prove it??

If not I don't think they have a leg to stand on, as I take it they asked hin to drive the machine, I sincerely hope he didn't offer to drive this machine.

And if he wasn't trained to drive the machine I trust the insurance comany knows this.....................

rach!_3

i am going to try and get him to change his mind when he gets home from work.
i cant find his employee handbook.
does it sound to you like we could have an unfair dismissal case if he is fired(which is looking like its 99% certain now)

rach!_3

kazwookie he was trained to drive a machine like this only smaller,
ie a different make if you see what i mean?

bank_of_slate

Difficult to say, I think Health & safety would have something to say about it though!!!

How many 'similar' incidents has there been?

Is the girder difficult to see which makes it a hazard that should be identified with some high contrast visibility tape perhaps.

He needs to familiarise himself with the company disciplinary and Health & safety policies and procedures.
...Linda xx

bank_of_slate

rach! wrote: »

kazwookie he was trained to drive a machine like this only smaller,
ie a different make if you see what i mean?

Is the larger machine in a different classification or category?
...Linda xx