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Unfair dismissal ?

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  • Unfair dismissal ?

    I work in a warehouse as a V.N.A forklift driver. In May I had an inccident were my coat sleeve dangled down and caught in the mecanisem (wasn't wearing coat at time). Managed to safely remove coat, followed company procedure and reported the incident. After an ivestigation was disciplined and given a final written for Gross Misconduct on the grounds off this could have turned into a major incident and put others at risk. (Yeah right dont think so, being punished on what could have happened not what happened)
    When I first started we were told to change asiles at the back or we would get a verbal warning, because it was to dangerous at the front. This was because the front off the aisles was not that wide to turn in and there was a lot of other traffic.
    Then they filled the back of the aisles up with pallets and told us we had to change at the front. This is like trying to turn round on a motorway. Several times it has been brought up at h&s meetings, and it has been acknowleged there is a problem. At the last meeting they said the back wall will be cleared so we could turn round at the back.
    Last Friday (14th) was our buisest day ever. When backing into the aisle I clipped a reach truck while turning with the back of my truck. I follwed procedure and reportd the incident. It was only a slight bump.
    On Monday I was told there would be an investigation into the incident aqnd taken of the trucks. On Wednesday I was given a letter to say I would be in a displinery meeting on Friday(21st) due to lack of care and attention while operating a VNA forklift.
    The two managers involved had been given the reults of the enquirey apart from that they didnt have a clue about how the warehouse worked. When in the meeting I was aked how come I was the only V.N.A. DRIVER THAT HAD 2 INCIDENTS and they kept going back to this. I replied that there had been incidents out there but no one had reported them. His response was to name then, on replying no I can,t remeber his reply was think about that one carefully but i wasnt going to name anyone. That gave me the impression that they were trying to get me to name people it might go in my favour. After argueing about how unsafe out there it was they kept going back to if it was so unsafe why had no one else had 2 incidents, which I know is not true. There was some guy in another department who ran someone over twice and still has his job.
    I am going for appeal and is going to start procedings for unfair dissmisle, no one at work can beleive I was sacked for this. I am one of the best workers there 100% attendance and always staying over 4 hrs sometimes untill 2am (12 hr day)_ to help out.My team leader is behind me and the warehouse manager. I have got some guys in the know already getting statistics together about previous incidents and other h&s stuff to surport me.

    What just like your opinions on whever this is worth fighting.

    Oh yes since my incident they are turning at the back now
    Tags: None

  • #2
    Re: Unfair dismissal ?

    do you have any union representation?

    Comment


    • #3
      Re: Unfair dismissal ?

      Sorry it might be me missing something but have you actually been dismissed? If yes, what notice did you receive? How long have you worked there?

      Comment


      • #4
        Re: Unfair dismissal ?

        Originally posted by brummie View Post
        do you have any union representation?
        No, we haven't got a union unfortunatly

        Comment


        • #5
          Re: Unfair dismissal ?

          Originally posted by Nikolai View Post
          Sorry it might be me missing something but have you actually been dismissed? If yes, what notice did you receive? How long have you worked there?
          Yes I was dismissed, and was payed until the end of the day. Havent had my lettwr yet so not sure of all the details. Was to much in shock to take it all in.

          Comment


          • #6
            Re: Unfair dismissal ?

            IMHO i think that there are certain questions raised from your post;

            Firstly it seems that the company's risk assesment/method statement is to be questioned, and secondly their HSE policy also seems to be in doubt as statutory reporting seems to be at a missing level.....

            These are just my thoughts, but maybe a trip to CAB might put you in touch with the HEALTH AND SAFETY EXECUTIVE, who may want to take an interest in your previous employer....?

            Comment


            • #7
              Re: Unfair dismissal ?

              i thought the idea of reporting incidents was so they could be investigated to find the cause so it doesn,t happen again. Disciplinery action surely should be a last resort if found to be deliberate, horseplay or someone was injured, equipment damaged etc not for minor incidents. Following this route no one is going to report any incidents because they will be scared of losing their jobs.

              I will be off to get legal advice on Thursday.

              Comment


              • #8
                Re: Unfair dismissal ?

                Good for you. Make sure the legal adviser is someone who specialises in employment matters. Have a look at the ACAS website for some general guidance:-
                http://www.acas.org.uk/index.aspx?articleid=1461
                It seems you have been dismissed without notice, which is a big step for an employer to take and they should be very sure of their ground. What you've posted doesn't justify such a dismissal and you may well have a legal redress against the employers. If you have been with them at least 12 months you should start proceedings for unfair dismissal. Even if you haven't been there 12 months you are entitled to notice. It's a bit of a minefield and time limits for starting an unfair dismissal claim are strict (usually 3 months from termination), so get yourself professional advice, but have a go at these people - they can't behave like this and be allowed to get away with it.

                Comment


                • #9
                  Re: Unfair dismissal ?

                  Got my letter thru today.

                  Aparantly I declined to have anyone accompany me when I had someone in with me. Secondly I was driving a VHA FLT truck when it was a VNA FLT TRUCK. Proves they (managers in the meeting) knew nothing about the operation of the warehouse.
                  Aparantly "I was not paying due care and attention which is serious miss use of the companys equipment therefore unacceptable conduct. I consider this gross misconduct ."

                  I was given one weeks pay notice.

                  Comment


                  • #10
                    Re: Unfair dismissal ?

                    Absolute rubbish - go get advice as previously mentioned. Go for these people, they really deserve it, and you shouldn't overlook the fact that you have a legal remedy against them.

                    Comment


                    • #11
                      Re: Unfair dismissal ?

                      Originally posted by Nikolai View Post
                      Absolute rubbish - go get advice as previously mentioned. Go for these people, they really deserve it, and you shouldn't overlook the fact that you have a legal remedy against them.
                      Got an appeal meeting on Tuesday January 8th and off to see a soliciter this afternoon.

                      Comment


                      • #12
                        Re: Unfair dismissal ?

                        Cant beleive it got payed today less than I expected so I rand up HR. Aparantly because I finished on the 21st of the 12th and never worked to the end of the year they have not payed all my holiday entitlement. This just get worse.

                        Comment


                        • #13
                          Re: Unfair dismissal ?

                          Lost my appeal ,so now its time to take them on for unfair dissmissal.

                          Comment

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