Disciplinary action.....

gpost

I have just been given a notice of pending disciplinary action for 'failing to wear a hi-vis jacket while driving a company vehicle'. This seems completely petty to me, but just wanted to get some advice as I cant seem to find any online.

It claims I am in breach of health and safety, however I have never been on a health and safety course. I can understand wearing safety gear in a depot, or at the road side (and I do), but surely not while driving?

I also dont think there are any 'company policy' documents on how, and when to wear safety gear that have been given to me.

Am I being victimised here? (as I know other people at work dont wear them either) or should I just accept it?

Thanks in advance if anyone can help.

magenta22

Have you been given a company handbook? What does it say in there about wearing it?

gpost

Yeah been given a general driving handbook covering all driving such as company cars and work vans. Nothing specifically in there about it, only thing of any relevance is a point about breakdown procedure, and that you should 'get out of the vehicle and put on safety gear' so this would suggest I didn't already have it on.

macalacka

Firstly, how do they know you were not wearing it? What evidence are they referring to?

The staff handbook or a company policy should indicate the policy for wearing this item but if you haven't a] received this or b] signed to confirm you have seen this then they cannot reasonably disciline you for it. They can refer you to a disciplinary if evidence is there but when they decide the outcome of that disciplinary, they must take into consideration your lack of knowledge on the subject which seems to be the company's failure here.

I wouldn't say it's "victimisation" - that word is very much overused and used incorrectly. Did you have an investigative interview before they referred you to disciplinary?

Peater

How is your relationship with your employer? They could be trying to pick you up on small thinsg to make it easier to get rid of you.

Personally, i think it is stupid to drive in a high-vis. The reflection in the windscreen can be distracting.

gpost

Yes sorry, evidence is my boss saw me driving without it on. When he questioned me, I agreed that I wasn't wearing it. He asked why not, and I told him I was too hot driving with it on (this was the honest reason as I dont have air con and do alot of manual lifting). He said he has warned me about it before. Although im sure I was told before about wearing it on site (which I always do) and not about wearing in a van. I just can't really understand why he hasn't just given me any document about correct procedure instead of going straight to 'disciplinary action'

Sambucus_Nigra

a - how long have you been there?
b- did the letter say what may happen as a result of the disciplinary action?

Can you just attend, apologise profusely and then wear it from now on?

DVardysShadow

Peater wrote: »

... Personally, i think it is stupid to drive in a high-vis. The reflection in the windscreen can be distracting.

A very valid point. OP should not base his whole case on this but it could be mentioned in defence. In OP's position, I would be asking for a copy of the relevant H&S risk assessment before the disciplinary - to see what risks are being addressed by wearing of hi vis gear when actually driving

gpost

in reply to Sambucus Nigra a: nearly 7 years.






b: No it did not state what might happen. Seems as though the meeting is with my boss, his boss and an HR type! overkill or what?





Peaters point seems a very valid one too.





I dont really see how they can take any action here as I definitely not ever been given proper instructions. More a case of 'here is a hi vis - wear it'

Acc72

gpost wrote: »

b: No it did not state what might happen. Seems as though the meeting is with my boss, his boss and an HR type! overkill or what?

Are the words "Gross Misconduct" mentioned anywhere in the letter ?

gpost

No there is no "gross misconduct", just that it breaches health and safety, and company policy. Just been scanning HSE website and nothing on there about it.