Tweet
I work for a retail company as a customer delivery driver currently, for about a year now. I was not a member of a union, and I was not accompanied by anyone on these meetings I am about to detail. I was informed by my line manager that I was allegedly speeding on a road where the speed limit was 20 mph, and this would escalate to an investigation. Their allegation was of:
"Over speeding event on Lightfoot (this is a third-party software that this company uses for drivers performance measure), an average of 29 mph in a designated 20 mph speed limit zone".
During the investigation meeting, I was informed this would escalate to disciplinary. In the disciplinary process, I have explained that the road in question is a private road, and the speed limit would not apply from the main road, because it is clearly signposted it is a private road. I was informed of their decision "If I had been speeding, the police would have warned and fined me". I was given a first written warning.
I reached out to the local council and the police, and it was confirmed that the allegation of speeding took place was a private, unnamed, unadopted road that is not part of the public road system, and the speed limit would not be enforceable. I filled out an appeal form for the following reasons: 1. the outcome was too harsh 2. their evidence was inadequate (the photos taken do not show a "designated 20 mph speed limit zone" sign at all, and no CCTV recording was available even though I've asked for it many times), 3. new evidence that was unavailable at the time that I present (council and police statements).
I recorded the appeal meeting with a covert recording device hidden in my bag because I knew that the employer would not treat me fairly. On the appeal meeting, which was with the general manager of the store I work at, it came to my attention that the manager handling the appeal did not even read the statements I have attached to the appeal form. This manager was not even able to place the evidence on the photos of the "20 speed limit" where it was taken, which road in that area. I have explained that this is ridiculous in my opinion, where there is no speed limit enforcement legally possible or present, that this company would find it appropriate to punish an employee. I have explained that I feel treated unfairly and that this process has taken a toll on my mental health, I do not feel welcome at all in this company, and feel that I am personally being picked on at this point.
I left the room for them to make a decision and asked permission if they minded my bag staying in the room. I was given a clear "no problem at all" response.
When I came back into the room, I was told that they apologize for the speculation during the disciplinary and that I would have been fined or warned by the police, which is proven false by the evidence that I have presented. Their decision to uphold the warning was: "On the other hand, I did not follow their mobile device and training.", and as a measure now they would make steps to modify that road into a private road on the system. This means, that this whole process in the first place would have not taken place if only they had maintained their own navigation systems to mark private roads accordingly.
I was upset about this whole process and felt emotionally drained. The next day, I listened to the covert recording when I was not present in the room, and the decision-making manager and the note-taker were having a conversation. This conversation completely ignored the evidence I presented or any logical deliberation, I was all throughout personally criticized for my conversational style, my upset body language, and mocking of the fact that this affected my mental health, my 'attitude' which was purely my purely factual reasonings, and that if I don't feel welcome working here I should get out, along with a lot of swearing, and generally a very disrespectful conversation in nature. This conversation in my opinion was not necessarily proven to be discriminating on any protected characteristics, but it was certainly offensive, harassing, and bullying. It was also admitted on this recording, that they didn't even consider the new evidence that I presented.
I do not plan to stay with this company long anyway and am actively looking for other jobs, although I have not yet given my resignation. I have since then joined a union.
I am unsatisfied that I was ruled misconduct when this should not have been classed as such in my opinion. I believe a reasonable manager of a company conducting this process fairly would have considered this unreasonable, and their evidence to be non-conclusive/adequate. I believe a fair manager would have not spoken about me in a generally disrespectful, offensive way, just for the fact that we disagree on a formal matter.
I would like to discover my options legally, if I quit I could form this into a constructive dismissal claim potentially against this company? I believe the fact that the covert recording was capturing a private conversation, but of a formal process, would raise eyebrows, but I genuinely feared that I have no other means to prove my case.
Also, informally, if this would not be worthy of time on an employment tribunal, how should I approach raising the issue with this company's legal team (perhaps CEO) this? I wouldn't have been planning to stay longer with this company regardless of the outcome ruled misconduct or not, but the fact that it was admitted on this recording that the store's main manager mocks me, and presented a generally offensive behavior, should certainly be investigated. I do not believe this behavior in a professional setting should be accepted, and unfortunately, the note-taker who happened to be another manager didn't challenge this either, which is unacceptable.
Thank you for taking your time reading this through, and for your thoughts on this.
"Over speeding event on Lightfoot (this is a third-party software that this company uses for drivers performance measure), an average of 29 mph in a designated 20 mph speed limit zone".
During the investigation meeting, I was informed this would escalate to disciplinary. In the disciplinary process, I have explained that the road in question is a private road, and the speed limit would not apply from the main road, because it is clearly signposted it is a private road. I was informed of their decision "If I had been speeding, the police would have warned and fined me". I was given a first written warning.
I reached out to the local council and the police, and it was confirmed that the allegation of speeding took place was a private, unnamed, unadopted road that is not part of the public road system, and the speed limit would not be enforceable. I filled out an appeal form for the following reasons: 1. the outcome was too harsh 2. their evidence was inadequate (the photos taken do not show a "designated 20 mph speed limit zone" sign at all, and no CCTV recording was available even though I've asked for it many times), 3. new evidence that was unavailable at the time that I present (council and police statements).
I recorded the appeal meeting with a covert recording device hidden in my bag because I knew that the employer would not treat me fairly. On the appeal meeting, which was with the general manager of the store I work at, it came to my attention that the manager handling the appeal did not even read the statements I have attached to the appeal form. This manager was not even able to place the evidence on the photos of the "20 speed limit" where it was taken, which road in that area. I have explained that this is ridiculous in my opinion, where there is no speed limit enforcement legally possible or present, that this company would find it appropriate to punish an employee. I have explained that I feel treated unfairly and that this process has taken a toll on my mental health, I do not feel welcome at all in this company, and feel that I am personally being picked on at this point.
I left the room for them to make a decision and asked permission if they minded my bag staying in the room. I was given a clear "no problem at all" response.
When I came back into the room, I was told that they apologize for the speculation during the disciplinary and that I would have been fined or warned by the police, which is proven false by the evidence that I have presented. Their decision to uphold the warning was: "On the other hand, I did not follow their mobile device and training.", and as a measure now they would make steps to modify that road into a private road on the system. This means, that this whole process in the first place would have not taken place if only they had maintained their own navigation systems to mark private roads accordingly.
I was upset about this whole process and felt emotionally drained. The next day, I listened to the covert recording when I was not present in the room, and the decision-making manager and the note-taker were having a conversation. This conversation completely ignored the evidence I presented or any logical deliberation, I was all throughout personally criticized for my conversational style, my upset body language, and mocking of the fact that this affected my mental health, my 'attitude' which was purely my purely factual reasonings, and that if I don't feel welcome working here I should get out, along with a lot of swearing, and generally a very disrespectful conversation in nature. This conversation in my opinion was not necessarily proven to be discriminating on any protected characteristics, but it was certainly offensive, harassing, and bullying. It was also admitted on this recording, that they didn't even consider the new evidence that I presented.
I do not plan to stay with this company long anyway and am actively looking for other jobs, although I have not yet given my resignation. I have since then joined a union.
I am unsatisfied that I was ruled misconduct when this should not have been classed as such in my opinion. I believe a reasonable manager of a company conducting this process fairly would have considered this unreasonable, and their evidence to be non-conclusive/adequate. I believe a fair manager would have not spoken about me in a generally disrespectful, offensive way, just for the fact that we disagree on a formal matter.
I would like to discover my options legally, if I quit I could form this into a constructive dismissal claim potentially against this company? I believe the fact that the covert recording was capturing a private conversation, but of a formal process, would raise eyebrows, but I genuinely feared that I have no other means to prove my case.
Also, informally, if this would not be worthy of time on an employment tribunal, how should I approach raising the issue with this company's legal team (perhaps CEO) this? I wouldn't have been planning to stay longer with this company regardless of the outcome ruled misconduct or not, but the fact that it was admitted on this recording that the store's main manager mocks me, and presented a generally offensive behavior, should certainly be investigated. I do not believe this behavior in a professional setting should be accepted, and unfortunately, the note-taker who happened to be another manager didn't challenge this either, which is unacceptable.
Thank you for taking your time reading this through, and for your thoughts on this.
Comment