Time limit for disciplinary after the event??

workingboy

OK My friend thanks you all for the replies.

He now asks another route for a loop hole as you say.

Where as already mentioned some 4 people had missed this so called dirty vehicle and the hearing is for "failing to report or get the vehilce washed etc. by each of these people."

He now says, That as far as he and others are concerned, there are no black and white procedures to carry out this function of locating, using a terminal. Only verbal instructions when the goal posts move, when someone high in authority makes dust fly. And then someone for whatever reason will have a disciplinary. These people have been with the company some 10 or 15yrs and only ever been verbally told to report any damaged vehicles while locating, not look for a condition whether or not the vehicle is clean.

In other words, he is saying whatever job you are asked to do, there are no written procedures of how to carryout the duty you are asked to do; and if there was such a instruction in writing there is no mechanism in place for anyone to report of such conditions, only verbally. It is known that sometimes when if reported to such a senior person, he forgets to act on the report, also can and has denied such a report being given to clear himself of any wrong doing.

thanks

getmore4less

So they talk to each other.

Guys before says, It wasn't spotless but looked ok to me,

Your guy says the same thats them off the hook.
Points out that is was 33 days after he located the vehicle it was first noted to be dirty. If it had been washed it would have got dirty again anyway.

In those 33 days did it rain what were the movements at the coal yard in that time, wind directions etc. was the vehicle used at any time or moved to a location that could have got it dirty

Also check the cleaning records to see when it was last washed.

Last guy says the same and your guy is off the hook.
Depending on the date the last guy checked he may also have time on his side.


If they don't want the vehicles getting dirty they need to stop parking them next to a coal yard.

workingboy

OK my mate thanks you all for the replies.

He had his hearing as did the others at various times.

They more or less said the same. But no matter what was said they have been reported for a disciplinary to be taken place.

Now he asks if the reason for the disciplinary is not in the companies written proceedures, where they should have reported such a condition.

Can they be disciplined where this seems to be a verbal instruction by a manager to a supervisor and he had not given this instruction to all.

Thanks

CFC

Yes, if the manager says that he gave such an instruction to such and such a person or to all people. Not everything has to be in writing, otherwise the inmates would be in charge of the asylum.

Eg written process says a car needs to be ready for collection by a client on the first Monday of every month, I chip along and say, 'boys, the client is coming tomorrow on Friday to collect it, have it ready'; you cannot then say, 'oh but the written process doesnt mention that' when I chew you out because the car isn't ready.

liney

All persons driving the vehicle around in a shoddy state should be reprimanded, including your friend. I assume this is a pool car/van used by everyone, not a car/van which goes home with a specific person on a daily basis. If it is the latter, then the person taking it home should take responsibility.

They are adults and as such should be able to see that a company vehical should not be left in such a state and either take it to the car wash, or report it to the persons responsible for cleaning of the vehicles. This probably comes under the "things which leave the company viewed in a poor light" clause. Driving around in a filthy van/car is very poor advertising, if you really want to go down the "But it's not in my Job Description" route.

eamon

The key word is "timely" action. By this I mean that if it took more than 6 months for a disciplinary event to reach its conclusion and it resulted in a dismissal then an industrial tribunal would not look favourably on the employer. That length of process would smack of tardiness and indeed ineptitude. (Of course it depends on the circumstances). The size of the organization is also important. Much more is expected of employers that have hundreds of employees, established disciplinary procedures and a HR team that ensure compliance etc than from a small business with a handful of employees.

workingboy

liney wrote: »

All persons driving the vehicle around in a shoddy state should be reprimanded, including your friend. I assume this is a pool car/van used by everyone, not a car/van which goes home with a specific person on a daily basis. If it is the latter, then the person taking it home should take responsibility.

They are adults and as such should be able to see that a company vehical should not be left in such a state and either take it to the car wash, or report it to the persons responsible for cleaning of the vehicles. This probably comes under the "things which leave the company viewed in a poor light" clause. Driving around in a filthy van/car is very poor advertising, if you really want to go down the "But it's not in my Job Description" route.

Its obvious you have not read the previous parts of the questions.

The vehicle in question or vehicles, are stored in a compound or compounds of approx. 1000 in each waiting to be called by the manufacturer to be prepared for delivery and some of these vehicles may have been standing for as long as 16/18mths.

Quoted by my mate.

workingboy

OK

He has been to his Disciplinary and basically he had a Verbal warning for 6 mths along with others.

Yet the manager admitted there had been many people who missed this vehicle and the management failed on acting when this dust starting falling.

If this is so where the management failed, why did he get a Verbal for their error. ??

boo_star

Management may have been required to inform employees of unusual circumstances. If they were and failed to do so then they may have been disciplined for this.

However your friend was required to report the condition of the vehicles as part of his/her job. They failed to do this and were disciplined.

In this case regardless of management failure your friend did not fulfil their job role.

So no, they cannot blame management and get off.

workingboy

boo_star wrote: »

However your friend was required to report the condition of the vehicles as part of his/her job. They failed to do this and were disciplined.

In this case regardless of management failure your friend did not fulfil their job role.

So no, they cannot blame management and get off.

This is the whole point,

No one in management or supervisory role asked or instructed for such conditions to be checked or noted so the condition could be corrected.

So if no instruction or whatever, how can they be blamed for not fulfiling their job role.