job reinstatment

[daveboytwo]

can any one tell me if you are sacked and then reinstated is your work record wiped clean when you go back to work. update basically i am a bus driver and i was blamed for bumping the back end of a car as was another driver the manager an ex assistant police superindendent does not like me he based the whole dismissal on a bus number i was dismissed and reinstated as the union found out that this ex copper and the manager he got to sack me had not gone through the whole paper work actually the manager that sacked me did not even read one page of it he sacked me on the say so of the ex copper, but previous to the sacking i had been given a written warning in the august of 2009 of which was to run a 12 month then i was sacked in november 2009 with out notice at the appeal it was proven that i did nothing wrong and was reinstated then up till august 2010 i had 2 minor bumps on the bus when i was due in for the discipline i had to come off sick as my hand had swollen up and i could not drive i was off for just on 7 months the company paid for an mri scan which found i had serious bone damage to my hand and might need an operation when i returned to work in february 2011 i had to drive wearing a splint authorised by the company doctor on the 28th of february the ex copper returned off holiday and i was called in for a discipline at the meeting the ex copper told me that he was extending the written warning that i had in august 2009 to the 28th of february the day of the discipline which meant he extended the 12 month written warning by nearly 7 months i said in the meeting that this was not allowed and he said he could do it bearing in mind that i only had 6 days of the written warning left to go in august 2010 when i came off sick with the swollen hand and it was the ex copper who postponed the discipline in august 2010 as my hand was swollen but as earlier on i said that after i was given the written warning in august 2009 he sacked me in november 2009 so i want to know if the warning that i had in 2009 previous to the sacking if after my reinstatement would my work record be wiped clean as i was reinstated with full pay i lost and i did not even get an apoligy from any of the managers involved in the sacking.
then in february 2011 on my return to work i was given a written warning on all aspects meaning i only had to make one mistake and i could be dismissed again which is what he has done but if my work record had been cleared and the written warning was not extended by that 7 months the only outcome of the discipline hearing in february 2011 could havebeen at the most a written warning . but he had to extend it or he couldnt have given me a written warning on all aspects. HELP i have a meeting with union solicitor soon and the deadline for the tribunal registering is the 9th of september so i need some accurate advice on the points raised above so i can get to the tribunal hearing

[Caspar]

Re: job reinstatment

I think a bit more detail is needed to answer this one.

[SpringerSpaniel]

Re: job reinstatment

If you are being assisted by your union, they should be able to give you advice on this.

[teaboy2]

Re: job reinstatment

Did the the written warning state on it that it would be on your file for 12 months if so then by accepting the warning you enter a form of contract (its likely you were asked to sign to state you received a copy or similar, which is deemed acceptance to the contract) where you agreed to improve and not commit any further misconduct during those 12 months and in exchange they would remove the warning from your file after 12 months. So short answer is - No, they can not extend the written warning if it specifically stated it would be on file for 12 months. The fact such warnings are given as part of dicisplinary procedure which forms part of your employment contract makes the warning a contractual term of your contract when you accept the warning. If they extend it they maybe in breach of contract and you would have grounds for unfair dismissal if dismissed though you would have grounds for constructive dismissal for the breach of contract anyway, but constructive dismissal is much harder to win. So always wait till your dismissed and go the unfair dismissal route. Put it this way it sounds like they want rid of you, and as such they will get rid of you and hope you do not know your rights, though by the counds of things this ex copper thinks he knows the law when clearly he doesnt have a clue on employment laws. As the extention of the warning would also be in breach of the statutory disciplinary and grievance procedures that are now required to be followed by law under the employement Act admendments made in brought into force april 2006.


As for the reinstatement, well if you had to sign a new contract then yes the warning would have been legally revoked as your reinstatment would have been reemployment under a new employment contract. So if you did not get a new contract, or written letter informing you that your file will be wiped clean, when you returned then you are still under the same contract and treated as never having been unemployed or dismissed.

As has been suggest, you should contact your union for advice and support, also a union member can attend hearings and meetings with you. I would also contact Acas too as they can contact the company and mediate between you and the company.

Also, just a quick questions but has there been any other incidents between you and this ex copper? i.e. where hes made a big fuzz other nothing or blamed you for things that were nothing to do with you? As it sounds he may have issues with you, from what you stated in your post and hes just wanting to use any excuse he can find to get rid of you (victimization or bullying incidents by any chance?).

[teaboy2]

Re: job reinstatment

Any update on this?