Suspended without pay or explanation

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Comments

  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    edited 23 October 2019 at 9:01PM
    Thank you all for your messages... I'm sure my friend will be very grateful.

    Yes, I think it's a zero hours job... they call each day if & when there is work. I think the council just issues the licences to drivers as in the case of mini cab drivers, etc... I'm not quite sure how it works...possibly the company is contracted by the council... they are a big concern...Perhaps I should remove the company's name... I've not said anything untrue on here about them though... If they have acted badly, perhaps others who work for them & who have had the same thing happen to them might be interested.... Or if people were thinking of using their services to transport their children, and you are making them aware of what's going on, perhaps they have a right to know if there is a possibility that there might be no PA to ensure safety... What do you think?
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    DAKOTA45 wrote: »
    Thank you all for your messages... I'm sure my friend will be very grateful.

    Yes, I think it's a zero hours job... they call each day if & when there is work. Perhaps I should remove the company's name... I've not said anything untrue on here about them though... If they have acted badly, perhaps others who have had the same thing happen to them might be interested.... Or if people were thinking of using their services to transport their kids, they have a right to know if there is a possibility that there might be no PA to ensure safety... What do you think?

    As I said in my first post, two wrongs do not make a right. If you genuinely feel they are not properly carrying out their safeguarding duties regarding the children then you can (and should) report it through the proper channels.

    However, employing a driver who answers a handheld mobile phone whilst in control of a bus is also a serious issue - but crucially one that they are actually addressing!!

    With a zero hour contract they are not obliged to offer him any further work so, as I said, suspension is almost meaningless.

    Yes, writing him a letter of dismissal might be have been more professional. Would that make you feel better?
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    But he didn't!

    In the OP we are told that he answered an incoming call on a hand held mobile phone. There were no children on the bus at the time and even if there were that would not make it legal to answer the call!

    Yes, he did collect children for a few days without a PA, apparently... he wasn't contacted by the company about using the phone until 2 weeks afterwards.
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Strange situation.


    I think your friend may be on a hiding to nothing with less than two years service.


    Don't know what others think, but if I thought they were going to get rid of me whatever (or wanted me to resign), I think if I wanted to be awkward I'd be making a SAR (or whatever it's called) to see the photographic evidence. Seems a bit coincidental that he should be filmed on the one day that the kids' personal assistant isn't there to answer the 'phone. Also I assume the photographer is a "member of the public" if he's heard nothing from the police. (Mind you, as I also assume neither he nor his employer is the registered keeper of the vehicle, a NIP may be working its way towards him if it was an "official" photograph. But then, I'm not sure if his employer would have seen the photo if it was official).


    If he gets sacked I think I'd also report to the council that these vulnerable kids sometimes get transported in breach of what I presume are the contract terms.


    Only downside would be if the police are not currently involved, but the employer decides to involve them - if they have photographic evidence.


    [EDIT: Blatchford's #10 is probably right. Your friend needs to look for another job.]


    Exactly!:(
  • DAKOTA45 wrote: »
    Exactly!:(


    The second mistake your friend made was answering a hand held 'phone while driving - doesn't matter he was stationary at the time.


    The first (and arguably more important) mistake, was taking the bus without insisting that his employer find a replacement assistant - assuming the employer was aware the PA had gone AWOL. Was he told during training never to do this, or did he think he was doing the right thing to ensure the kids got to school?


    As I said before, really difficult to say who and how many people are at fault here. (eg Was the PA required to inform the council that she couldn't attend, and was the council then required to find a replacement ASAP).


    Needs to look for a new job I think.
  • andygb
    andygb Posts: 14,631 Forumite
    First Anniversary Name Dropper First Post
    The long and short of this is, that he answered a call on a phone which was not hands free, whilst sitting in traffic with the engine on. Whilst most of us know that he didn't do anything dangerous, the law is quite clear about this.
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    He admits to being totally in the wrong by answering his phone. I expect he felt that if he missed important work related instruction, he'd be letting them down.
    He did not question the instructions he received that day that he would be working without the PA. Perhaps he shoukd have done.
    The company made mistakes all the time... he shouldn't have blindly taken them at their word. He will pay dearly, though...which is a shame as he was such a loyal employee.
    He was set up and will probably never know why. Shame on them.
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