Disciplinary at work. help.

wearethep5

I have worked in as a delivery driver since June last year and I have never been late and very few times off ill. Today I went to work and I had left my phone at home as the battery had died. Anyway I took a delivery but I had lifted the wrong order (my mistake completely). I retured from the delivery as quickly as possible to try and fix my mistake. On return I was called into my bosses office and was told to go home and to be in for a disciplinary in a couple of days (this is.either because I made a genuine mistake or because I didn't.have my phone.)

I can't find my contract but I am more than sure it doesn't say I must bring a phone. I'm pretty angry and looking for advice. I have never been giving a warning or anything before this. Also if I hand in my notice do.they have to pay me for all work done + all holiday hours that I have accrued?

Thanks

tomtontom

As you have been there less than two years you have few rights, they can dismiss you for any reason unless it is discriminatory.

Should you resign they would need to pay you for hours worked and holiday accrued.

wearethep5

So they are allowed to discipline me for something that isn't in my contract. Atleast not one I have signed. Also can they call me in for disciplinary without giving me something in writing?

lakes17

wearethep5 wrote: »

So they are allowed to discipline me for something that isn't in my contract. Atleast not one I have signed. Also can they call me in for disciplinary without giving me something in writing?

During the first 2 years they can dismiss you without a reason so long it isn't discriminate and there is nothing you can do including taking them to a tribunal. Although the fact they have called you in for a meeting could be the investigatory meeting where they will look at all of the facts, explain to you what the allegation is after which they will decide whether to go to the next stage a disciplinary hearing. However, as I have already stated as you have less than 2 years service they do not need to go through this process to dismiss you.

Bantex_2

You don't even know what it is about yet. Bit soon to be talking of resigning.

Crazy_Jamie

wearethep5 wrote: »

So they are allowed to discipline me for something that isn't in my contract. Atleast not one I have signed. Also can they call me in for disciplinary without giving me something in writing?

Yes, they can discipline you for something that isn't in your contract. It is common for disciplinary policies to be set out in a separate document, but in any event examples of misconduct are rarely exhaustive, whether in a contract or in a separate disciplinary policy.

Technically they should put you on notice as to what the disciplinary hearing is about before inviting you to it, though then again if it is an investigatory meeting that is rarely considered essential by an Employment Tribunal. But in any event because you have been there for less than two years you would have no right to claim unfair dismissal, so whether or not the procedure is fair is very much a moot point.

Your talk of resignations sounds extremely premature to me, particularly as you also wouldn't be able to claim constructive dismissal even if in theory you had a good case (again due to the two year point). So why don't you just go to the meeting and see what it's about? You admit to doing something wrong anyway so I'm not entirely sure why you're so up in arms about potentially receiving a warning for your conduct.

wearethep5

Wrote this in a bit.of a rage last night. Can thread be removed please. Thanks

Takeaway_Addict

wearethep5 wrote: »

I have worked in as a delivery driver since June last year and I have never been late and very few times off ill. Today I went to work and I had left my phone at home as the battery had died. Anyway I took a delivery but I had lifted the wrong order (my mistake completely). I retured from the delivery as quickly as possible to try and fix my mistake. On return I was called into my bosses office and was told to go home and to be in for a disciplinary in a couple of days (this is.either because I made a genuine mistake or because I didn't.have my phone.)

I can't find my contract but I am more than sure it doesn't say I must bring a phone. I'm pretty angry and looking for advice. I have never been giving a warning or anything before this. Also if I hand in my notice do.they have to pay me for all work done + all holiday hours that I have accrued?

Thanks

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