Is Dismissal Fair?

Takeaway_Addict

Brendan90210 said:

Hi, I was recently dismissed following 20 years of exemplary service. I had been caught speeding 4 times in 3 years and received 6 month ban. I chose to appeal the ban and wrongly assumed I could still drive under appeal and drove a work car once without realising I was committing a criminal offence. It was only when my licence was checked several months later that the incident came to light and I confessed to my manager that I may have made an error of judgement. The matter was subsequently investigated and I was summarily dismissed, citing gross negligence and an irretrievable breakdown in trust. I held my hands up and was co-operative and remorseful throughout. I have subsequently found out through a freedom of information request that other staff have been found guilty of gross misconduct for theft, conduct or fraud (some where it wasn’t a first offence) yet were given a lesser sanction eg final written warning. The question I ask is that although I’m guilty of gross negligence, is it fair that I have not been treated differently to other colleagues with regard to a decision on sanction. Should the organisation have considered my mitigation’s eg long service, first offence, remorse, along with previous decisions/sanctions awarded to colleagues. If so should I be taking this decision to a tribunal? Or should I accept that the misconduct falls within a boundary of reasonable responses and accept that decisions can be different dependant on how serious the organisation deems the offence, even if it is inconsistent. Any advice is greatly appreciated! 

If you have not appealed yet then do so and whilst others disagree I would make the point that you feel other staff have been treated differently to you. Put it back onto the employer to say they have not.

I'm not sure you had the right to the info you did regarding the outcomes of other peoples disciplinary but that's to late for the employer now

General_Grant

General_Grant said:

Brendan90210 said:

. . . .  I have subsequently found out through a freedom of information request that other staff have been found guilty of gross misconduct for theft, conduct or fraud (some where it wasn’t a first offence) yet were given a lesser sanction eg final written warning. . . . 

I'd be interested to know how you were able to get this information. 
What sort of organisation did you work for?

Did you really get information "through a freedom of information request" or was it actually hearsay?  Or discovered in some other way which can be disclosed?

TELLIT01

Brendan90210 said:

Thank you thank you for all comments so far, they are great and helping me to bring some objectivity to the situation. I am aware of someone that was found guilty of fraud and criminally convicted with a 2 year suspended sentence, but retained their job due to long service and remorse displayed. Others that claimed overtime, but were not in work. I know they are not directly related and each organisation has their own red lines, but at the time I wasn’t aware I was commuting an offence as I had a genuine belief I could drive under appeal. The speeding offences were all with work and driving on motorways, 80mph, which was stupid. That said I hold my hands up and have learnt, I keep within 70mph. My feelings are the offence did not cause reputations damage and given good service I could have been given an opportunity to repair the relationship with the employer. This opportunity was awarded to others, so it didn’t seem fair.

Unfortunately you clearly didn't learn to keep within the speed limits after the first, second or third offence.

AskAsk

TELLIT01 said:

Brendan90210 said:

Thank you thank you for all comments so far, they are great and helping me to bring some objectivity to the situation. I am aware of someone that was found guilty of fraud and criminally convicted with a 2 year suspended sentence, but retained their job due to long service and remorse displayed. Others that claimed overtime, but were not in work. I know they are not directly related and each organisation has their own red lines, but at the time I wasn’t aware I was commuting an offence as I had a genuine belief I could drive under appeal. The speeding offences were all with work and driving on motorways, 80mph, which was stupid. That said I hold my hands up and have learnt, I keep within 70mph. My feelings are the offence did not cause reputations damage and given good service I could have been given an opportunity to repair the relationship with the employer. This opportunity was awarded to others, so it didn’t seem fair.

Unfortunately you clearly didn't learn to keep within the speed limits after the first, second or third offence.

i honestly don't think he will learn after the 4th either, which was why he disputed the ban as he thought he was unfairly victimised 

sammyjammy

I really don't believe you when you say you think because you had appealed you could continue to drive, if that were the case everyone would appeal, I wonder how many innocent people would be killed by banned drivers driving under appeal.  At least admit you took a chance and got caught out.
You got caught doing 80mph on a motorway three times?  Don't believe that either.   Police have better things to do.

Sncjw

You broke the law during work time, in a work vehicle, using their insurance at least 3 times. Yet you don't understand why they sacked you. 

eamon

Reminds me of a instance at work. Somebody was prosecuted for drink driving in a different part of the country didn't tell work but carried on driving a works vehicle. It only came to light when employers were able to do driving licence checks. His excuse/thinking was that because he was prosecuted elsewhere he didn't think that the ban applied nationwide. As to the OP, are you in a union and have you appealed the dismissal?

AskAsk

sammyjammy said:

I really don't believe you when you say you think because you had appealed you could continue to drive, if that were the case everyone would appeal, I wonder how many innocent people would be killed by banned drivers driving under appeal.  At least admit you took a chance and got caught out.
You got caught doing 80mph on a motorway three times?  Don't believe that either.   Police have better things to do.

if you are banned from driving then until that ban is lifted, any normal person would understand that you have been prohibited from driving until they lift the ban.  whether this be from the time expiration of the ban or from appeal.  everyone knows that until the ban is lifted you can't drive as you don't have a valid licence.

so i would agree that it is improbable that the OP didn't know he couldn't drive while he was banned but was disputing the ban.

if the OP watches tv, he would see that a prisoner who appeals his conviction will still be in prison until the appeal is sucessful, so a simple analogy would have suffice.

Thrugelmir

Did you appeal against the ban on the basis that you job would have been at risk? 

What is your company's policy with regards to disclosure of motoring offences?  Were they are of your previous convictions. Or did it merely come to their attention during a routine check to provide a copy of your driving licence for insurance purposes. 

haras_n0sirrah

Do you have to drive as part of your job? If you drive for a living and are banned for 6 months then that would also probably give just cause