Gross misconduct for following risk Assessment

sidimilo

I work as a online delivery driver for a major supermarket, they normally provide driver with hand set which as well as other functions it is a mobile phone. The risk assessment rates some of the risks of being on the the road as high. it then states in controls that all on line drivers are given a mobile phone. 3 weeks ago I refused to take a van out because there was no mobile phone for me to use (in case of break downs and accidents etc). The company as now said that I refused to carry out a reasonable request and that was gross misconduct. The disciplinary meeting is tomorrow, I have only worked for the company for 12 months.

Comms69

Irrelevant if it's gross misconduct or not, you cant claim unfair dismissal, start looking for a new job

lincroft1710

Only 12 months employment and you can be dismissed without reason

Carrot007

If you want the job beg, and proove you do not have your own mobile phone because if you do it would have been a reasonable request.


But you are only still employed by goodwill given the time you have been there.


However large companies often follow propdecure that they do not have to. So again be nice.

martinsmg

Risk assessments I believe are legal documents regarding Health and safety. That being the case it doesn't matter how long you've worked there. When it comes to H&S the 2 year rule does not apply

Blatchford

sidimilo wrote: »

I work as a online delivery driver for a major supermarket, they normally provide driver with hand set which as well as other functions it is a mobile phone. The risk assessment rates some of the risks of being on the the road as high. it then states in controls that all on line drivers are given a mobile phone. 3 weeks ago I refused to take a van out because there was no mobile phone for me to use (in case of break downs and accidents etc). The company as now said that I refused to carry out a reasonable request and that was gross misconduct. The disciplinary meeting is tomorrow, I have only worked for the company for 12 months.

Do you not have a mobile phone? Could you not have made a reasoned discussion about how you can do your job and comply with policies. To be honest, I am surprised that you seem to be shocked that they have taken this approach. There is being right, and there is cutting off your nose to spite your face. What you did is the latter. They can get delivery drivers in spades. Few employers consider you saying no to doing your job a career enhancing move, no matter whether you are right or not. You need to be invaluable to get away with that sort of thing. You aren't.

It might be worth begging for a second chance as someone else suggested. That depends on what the rest of the story is. Because somehow I have this sneaking suspicion that this may not have been a calm and sophisticated discussion about the merits of certain policies. And the how this "discussion" took place may have as much to do with the allegation of gross misconduct as the "why".

Blatchford

martinsmg wrote: »

Risk assessments I believe are legal documents regarding Health and safety. That being the case it doesn't matter how long you've worked there. When it comes to H&S the 2 year rule does not apply

Would you care to elaborate on that incorrect advice? Risk assessments are not "legal documents". And the "2 year rule" does apply except in specific circumstances none of which are evidenced here. Just being "health and safety" - and assuming that is actually the whole story, which I doubt - does not on its own mean anything.

pinkshoes

sidimilo wrote: »

I work as a online delivery driver for a major supermarket, they normally provide driver with hand set which as well as other functions it is a mobile phone. The risk assessment rates some of the risks of being on the the road as high. it then states in controls that all on line drivers are given a mobile phone. 3 weeks ago I refused to take a van out because there was no mobile phone for me to use (in case of break downs and accidents etc). The company as now said that I refused to carry out a reasonable request and that was gross misconduct. The disciplinary meeting is tomorrow, I have only worked for the company for 12 months.

Ok, so drivers are given a mobile phone...

Are you saying you have NO mobile phone of your own that could have been used in an emergency?

If you genuinely did not have your own mobile phone, then argue your case, beg, grovel for your job.

If you do have your own mobile phone then your refusal to drive the van was pedantic and unnecessary so expect to lose your job. It'll depend how much they like or dislike you.

JReacher1

I assume you also asked to get paid for this day when you refused to work?

It is not an unreasonable request to ask you to deliver groceries without having a mobile phone. It may be against their guidelines but I doubt it’s mandatory policy.

As others have said you haven’t been there very long so you’ll probably be dismissed.

custardy

sidimilo wrote: »

I work as a online delivery driver for a major supermarket, they normally provide driver with hand set which as well as other functions it is a mobile phone. The risk assessment rates some of the risks of being on the the road as high. it then states in controls that all on line drivers are given a mobile phone. 3 weeks ago I refused to take a van out because there was no mobile phone for me to use (in case of break downs and accidents etc). The company as now said that I refused to carry out a reasonable request and that was gross misconduct. The disciplinary meeting is tomorrow, I have only worked for the company for 12 months.

You had no PDA either?
I can only echo others here.
A foolish choice of action IMO

Undervalued

martinsmg wrote: »

Risk assessments I believe are legal documents regarding Health and safety. That being the case it doesn't matter how long you've worked there. When it comes to H&S the 2 year rule does not apply

For the reasons that Blatchford has explained this is, at best, a gross oversimplification. Based on what we have been told in this thread I would be amazed if there were grounds to make an UD claim inside of two years (or even if there had been two years employment come to that).