Unfair Dismissal - Opinions?

Tron103

Hoping to get some opinions from anyone who has an insight into Employment Law. Apologies in advance for the vague post but keen to keep details out of the public so as to remain non-identifiable.

A friend was summarily dismissed for using the phone whilst driving a Company Car. The incident occurred when he was sent out on a visit to an employee (the first time in his career). On returning, his LM called his personal phone that connected via bluetooth to the car. Given the call was to his personal phone, my friend panicked, thought there was an emergency and answered via hands-free. The call lasted 11 seconds and my friend confirmed he was in stationary traffic at the time. No effort was made to call his work mobile phone that was turned off in his bag. His personal phone was also turned off but was connected to bluetooth for traffic / travel directions as he was returning from a location he had never been to before.

The Company subsequently dismissed him as they said they have a zero tolerance policy to use of mobile phones whilst driving (the policy however does NOT state zero-tolerance, it says may face disciplinary action up to and including dismissal). My friend has over 5 years service + consistently good performance but has suffered significantly with mental health issues over the last six months. He has never been in trouble before this and has a completely clean record. He was honest throughout the process (despite the fact they had no physical evidence to prove that he'd answered the call).

Any opinions would be welcome. I'm under no-illusion that the phone should not have been answered and this was a clear mistake but are the circumstances substantial enough to justify summary dismissal for gross misconduct?

BoGoF

This sounds suspiciously like this story

https://forums.moneysavingexpert.com/discussion/6061863/suspended-without-pay-or-explanation

Undervalued

bethf103 wrote: »

Hoping to get some opinions from anyone who has an insight into Employment Law. Apologies in advance for the vague post but keen to keep details out of the public so as to remain non-identifiable.

A friend was summarily dismissed for using the phone whilst driving a Company Car. The incident occurred when he was sent out on a visit to an employee (the first time in his career). On returning, his LM called his personal phone that connected via bluetooth to the car. Given the call was to his personal phone, my friend panicked, thought there was an emergency and answered via hands-free. The call lasted 11 seconds and my friend confirmed he was in stationary traffic at the time. No effort was made to call his work mobile phone that was turned off in his bag. His personal phone was also turned off but was connected to bluetooth for traffic / travel directions as he was returning from a location he had never been to before.

The Company subsequently dismissed him as they said they have a zero tolerance policy to use of mobile phones whilst driving (the policy however does NOT state zero-tolerance, it says may face disciplinary action up to and including dismissal). My friend has over 5 years service + consistently good performance but has suffered significantly with mental health issues over the last six months. He has never been in trouble before this and has a completely clean record. He was honest throughout the process (despite the fact they had no physical evidence to prove that he'd answered the call).

Any opinions would be welcome. I'm under no-illusion that the phone should not have been answered and this was a clear mistake but are the circumstances substantial enough to justify summary dismissal for gross misconduct?

Short answer - yes.

He both broke the law and was in direct contravention of company policy.

Finally, an employer does not need proof (they are not a criminal court) they only need a reasonable belief that the misconduct took place.

Comms69

bethf103 wrote: »

Hoping to get some opinions from anyone who has an insight into Employment Law. Apologies in advance for the vague post but keen to keep details out of the public so as to remain non-identifiable.

A friend was summarily dismissed for using the phone whilst driving a Company Car. The incident occurred when he was sent out on a visit to an employee (the first time in his career). - Well that's potentially Gross Misconduct On returning, his LM called his personal phone that connected via bluetooth to the car. Given the call was to his personal phone, my friend panicked, thought there was an emergency and answered via hands-free. - why would it be an emergency? The call lasted 11 seconds and my friend confirmed he was in stationary traffic at the time. No effort was made to call his work mobile phone that was turned off in his bag. - why would his personal phone be connected, but not the work phone? His personal phone was also turned off but was connected to bluetooth for traffic / travel directions as he was returning from a location he had never been to before. - it wasn't off then

The Company subsequently dismissed him as they said they have a zero tolerance policy to use of mobile phones whilst driving (the policy however does NOT state zero-tolerance, it says may face disciplinary action up to and including dismissal) - seems a very sensible policy . My friend has over 5 years service + consistently good performance but has suffered significantly with mental health issues over the last six months. - So the company should go through the full disciplinary process. He has never been in trouble before this and has a completely clean record. He was honest throughout the process (despite the fact they had no physical evidence to prove that he'd answered the call). - Nor do they need any

Any opinions would be welcome. I'm under no-illusion that the phone should not have been answered and this was a clear mistake but are the circumstances substantial enough to justify summary dismissal for gross misconduct?

On the face of it yes, but if it's less than 3 months (less a day - so 90 days) from dismissal, it may be worth considering a solicitor.

pjcox2005

Undervalued wrote: »

Short answer - yes.

He both broke the law and was in direct contravention of company policy.

Finally, an employer does not need proof (they are not a criminal court) they only need a reasonable belief that the misconduct took place.

I can't help on the disciplinary but just wondered what law he broke? Answering a phone with a hands-free bluetooth system installed in the car is still legal isn't it.

BoGoF

pjcox2005 wrote: »

I can't help on the disciplinary but just wondered what law he broke? Answering a phone with a hands-free bluetooth system installed in the car is still legal isn't it.

Nobody said any law was broken. The issue is the employers policy on answering a phone in a company vehicle.

Undervalued

pjcox2005 wrote: »

I can't help on the disciplinary but just wondered what law he broke? Answering a phone with a hands-free bluetooth system installed in the car is still legal isn't it.

Sorry yes, my mistake, assuming he remained in control of the vehicle and wasn't distracted to the point of driving without due care and attention etc. then he didn't break the law.

However it was apparently a breach of his company's rules.

Takeaway_Addict

bethf103 wrote: »

Hoping to get some opinions from anyone who has an insight into Employment Law. Apologies in advance for the vague post but keen to keep details out of the public so as to remain non-identifiable.

A friend was summarily dismissed for using the phone whilst driving a Company Car. The incident occurred when he was sent out on a visit to an employee (the first time in his career). On returning, his LM called his personal phone that connected via bluetooth to the car. Given the call was to his personal phone, my friend panicked, thought there was an emergency and answered via hands-free. The call lasted 11 seconds and my friend confirmed he was in stationary traffic at the time. No effort was made to call his work mobile phone that was turned off in his bag. His personal phone was also turned off but was connected to bluetooth for traffic / travel directions as he was returning from a location he had never been to before.

The Company subsequently dismissed him as they said they have a zero tolerance policy to use of mobile phones whilst driving (the policy however does NOT state zero-tolerance, it says may face disciplinary action up to and including dismissal). My friend has over 5 years service + consistently good performance but has suffered significantly with mental health issues over the last six months. He has never been in trouble before this and has a completely clean record. He was honest throughout the process (despite the fact they had no physical evidence to prove that he'd answered the call).

Any opinions would be welcome. I'm under no-illusion that the phone should not have been answered and this was a clear mistake but are the circumstances substantial enough to justify summary dismissal for gross misconduct?

How do they know he answered his own phone and that it was hands free?

Undervalued

Takeaway_Addict wrote: »

How do they know he answered his own phone and that it was hands free?

Because his LM apparently called him on that number, he answered the call and told the LM he was driving! (although apparently stationary at that moment).

Takeaway_Addict

Undervalued wrote: »

Because his LM apparently called him on that number, he answered the call and told the LM he was driving! (although apparently stationary at that moment).

I have no idea how I missed that part but thank you

Takmon

bethf103 wrote: »

Hoping to get some opinions from anyone who has an insight into Employment Law. Apologies in advance for the vague post but keen to keep details out of the public so as to remain non-identifiable.

A friend was summarily dismissed for using the phone whilst driving a Company Car. The incident occurred when he was sent out on a visit to an employee (the first time in his career). On returning, his LM called his personal phone that connected via bluetooth to the car. Given the call was to his personal phone, my friend panicked, thought there was an emergency and answered via hands-free. The call lasted 11 seconds and my friend confirmed he was in stationary traffic at the time. No effort was made to call his work mobile phone that was turned off in his bag. His personal phone was also turned off but was connected to bluetooth for traffic / travel directions as he was returning from a location he had never been to before.

The Company subsequently dismissed him as they said they have a zero tolerance policy to use of mobile phones whilst driving (the policy however does NOT state zero-tolerance, it says may face disciplinary action up to and including dismissal). My friend has over 5 years service + consistently good performance but has suffered significantly with mental health issues over the last six months. He has never been in trouble before this and has a completely clean record. He was honest throughout the process (despite the fact they had no physical evidence to prove that he'd answered the call).

Any opinions would be welcome. I'm under no-illusion that the phone should not have been answered and this was a clear mistake but are the circumstances substantial enough to justify summary dismissal for gross misconduct?

Why would he panic when his personal phone rings and think it's an emergency?. It's very odd someone would panic when their phones rings.

Also how could his personal phone possibly be turned off if it was being used to get directions and someone rang him on it....