disciplinary meeting

dorothyjeffery

a little advice here please. my son drives a van for a book warehouse. on Friday, when he finished his round, he was told he was suspended, apparently because he didnt take his lunch break, but marked on his hours sheet that he had. (all the drivers had been sent a memo in previous weeks saying that their break had to be taken within 6 hours of starting work). he was in a hurry, his daughter had been i hospital overnight, he needed to get home. BUT around 5pm, he needed to take that break. he was falling asleep over the wheel. so he pulled over quite close to his yard and shut his eyes for 20 mins, during which time his manager drove past and saw him asleep in the van.

they suspended him as soon as he got into the yard. that night he had a text from work saying that he was to attend a disciplinary meeting on monday, just 2 days after being suspended.

is this long enough time for them to give him? its taken ages to get a statement typed up for monday, and he is still trying to contact his lead driver to attend with him. it is the weekend after all.

any advice here??? also trying to find online, but not very successfully, if there are any rules and regs, hours, legal break times etc for a van driver. Van is 3.5 and all the drivers only get a half hour break a day. he often starts at 5 in the morning and sometimes doesnt get home until after 7pm. The day that he was suspended he had done a round trip of 350 miles, collecting, carrying and loading very heavy boxes of books from charity shops and taking them all back to the warehouse.

ohreally

What is the employers case - that he has failed to comply with policy by not taking a designated break or that he was observed to be sleeping or is there something else? Are they accusing gross misconduct?

Has management decided the facts stand and not held an investigation?

Why didn't he take the break - was he perhaps intending to take the time by finishing early? Is there provision to skip the break and knock off early?

Why is he taking the "lead driver" into the meeting?

Is there a TU recognised that he could maybe approach for a chat?

redcard

He falsified his timesheet?

dorothyjeffery

he isnt actually sure to be honest, they havent given him anything in writing. and gross misconduct certainly hasnt been mentioned - yet. i suppose its the time sheet thing - i think. however, he wouldnt have made any extra money doing what he did. he just didnt want kill someone or himself. and was sleeping instead of taking a lunch break. they only get half an hour a day. i know its his own stupid fault for not taking the break when he should have.

there appears to have not been an investigation - there hasnt been the time to do that. they said they wanted his statement by email before the end of the weekend, ready for the meeting on monday. its gone straight to a disciplinary. there is no trade union there at all. the lead driver is a half sensible person who stands up for the drivers. and since ive written this first posting, the chap concerned has said he will go to the meeting with him. he is also aware that the hours and miles that are expected of all the drivers is sometimes very unreasonable, and wont hesitate in speaking up.

redcard

It's not about not killing someone, it's about him knocking off an hour early on a Friday afternoon. His employers aren't stupid.

If he cared about safety he would have taken his break when he is legally required to.

Takeaway_Addict

how long has he worked there?

ohreally

dorothyjeffery wrote: »

he isnt actually sure to be honest, they havent given him anything in writing

He is entitled to have this information provided to him by the employer. He needs to get managements case to allow him to prepare his own case - this is imperative.

dorothyjeffery wrote: »

there appears to have not been an investigation - there hasnt been the time to do that

Why is he suspended then? An investigation can be conducted during the period of suspension, as is normal practice.

dorothyjeffery

he has worked there about 15 months i guess.

and there is no special finishing time. some drivers start at 5 or 6am and finish at half one. they all finish when they get back.

he normally starts around 5 or 6 am and sometimes doesnt get back until 7pm, if they have sent him on double runs.

dorothyjeffery

we think that they will lay it all out before him on monday. i do agree that something should have been given to him in writing and a proper investigation carried out, but between friday (yesterday) and monday morning, there isnt going to be much time to do that. he got back to the yard on friday, the transport chap held out a time sheet for the previous day and asked him if it was his, he said it was, they said you are suspended.

wondering now what he can expect from all this?? is it a sackable offence., regardless that every driver on the firm doesnt take breaks/takes breaks at different times.

Takeaway_Addict

Tbh as he hasn't worked there for two years they can make a complete hash of the investigation and disciplinary and come to any decision they feel like and there is little your son can do as he has not got protection against unfair dismissal.

ohreally

http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf