Disciplined 3 weeks after they knew it happened

[gailmadras]

I have been sacked for gross misconduct. I was only disciplined for this 3 weeks after they knew it happened? Can they do this?

[SpringerSpaniel]

Re: Disciplined 3 weeks after they knew it happened

It depends whether what happens justified dismissal for gross misconduct. MOre information may be helpful.

Your dismissal can be 'wrongful' even if it is deemed 'unfair' - this is where the correct procedures have not been followed, but it was reasonable for the employer to dismiss you in all the circumstances.

[charitynjw]

Re: Disciplined 3 weeks after they knew it happened

Some more info

http://www.direct.gov.uk/en/Employme...ssal/DG_175834

[gailmadras]

Re: Disciplined 3 weeks after they knew it happened

I drove on the tacograph for 30 minutes without the card in. It was a genuine mistake and they knew about it whilst I was doing it as they were on the phone to me when I told them. They are saying that it was a deliberate attempt to decieve and/or defraud and therefore gross misconduct. They did not start disciplinary procedures until 19 days later

[postggj]

Re: Disciplined 3 weeks after they knew it happened

Do You Not Have The Digital Tacho

In What Way Were They Saying You Were Deliberate Attempt At Deception

[SpringerSpaniel]

Re: Disciplined 3 weeks after they knew it happened

Are you a member of a trade union ?

[gailmadras]

Re: Disciplined 3 weeks after they knew it happened

Yes it was digital & no I am not a member of a trade union. I had taken a break which I did not tell them about when I had forgotten to insert the taco card and then drove for 35 mins without it in. I did however tell them that the card wasnt in. This is what they are saying is intent to decieve/defraud.

[charitynjw]

Re: Disciplined 3 weeks after they knew it happened

Hi,

Please forgive my ignorance here, but why is forgetting to insert a tacho card such a heinous 'crime'?

[leclerc]

Re: Disciplined 3 weeks after they knew it happened

Yes it was digital & no I am not a member of a trade union. I had taken a break which I did not tell them about when I had forgotten to insert the taco card and then drove for 35 mins without it in. I did however tell them that the card wasnt in. This is what they are saying is intent to decieve/defraud.

http://downloads.tachomaster.net/doc...Tachograph.pdf

how come the card was out as you can put it down as rest break, point 1.4?

for others on here FAQ's worth a read as well. FAQ 5.5 is why they are saying it is gross misconduct.

[gailmadras]

Re: Disciplined 3 weeks after they knew it happened

I just want to know if they can start to discipline me 19 days afterwards. I thought that any investigation had to be done promptly?

[charitynjw]

Re: Disciplined 3 weeks after they knew it happened

The key words are 'without reasonable delay'.

I guess what is 'reasonable' will be decided on a case by case basis.

http://www.acas.org.uk/index.aspx?articleid=2177

[SpringerSpaniel]

Re: Disciplined 3 weeks after they knew it happened

It depends whether it is so bad a mistake as to justify being 'gross' misconduct and therefore dismissal, or whether some lesser sanction eg a written warning, might be adequate - enabling you to keep your job - especially if this was the first time it had happened.

If this is the case, you can if necessary apply to the Employment Tribunal for 'reinstatement' ie getting your old job back.

[postggj]

Re: Disciplined 3 weeks after they knew it happened

a tribunal cannot make an employer reinstate a dismissed employee, the only sanction for the employer would be an uplift on and compensation payment for unfair dismissal against the employee

was an informal fact finding meeting held first
were you at any time suspended
was then a formal disciplin meeting then held that decided your dismissal at a later date, after the informal meeting

[leclerc]

Re: Disciplined 3 weeks after they knew it happened

I just want to know if they can start to discipline me 19 days afterwards. I thought that any investigation had to be done promptly?

Yes is the answer. I would not call 19 days as being not prompt to be honest. Were you suspended prior to any investigation?
Were you advised that you could bring someone to any meeting?
Were you advised of the evidence that would be used in the disciplinary meeting?

[DidsySith]

Re: Disciplined 3 weeks after they knew it happened

Why did you not make a printout of that day and just put your start time on the back with a signature.Would of solved your problems...