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Threat of dismissal for refusing to deliver on a red route

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  • Threat of dismissal for refusing to deliver on a red route

    Hi,
    Would be really grateful for any advice on this.
    I have today received in the post a letter requesting me to attend a disciplinary this Thursday, with the allegation that I refused to carry out a reasonable management request.
    This request was that I delivered furniture to a property which meant stopping on a double red line in Lewisham, London, which I have always understood to be prohibited. My employer says that they told me that the fine would be paid by the company we deliver for, but I refused on the basis I did not want to be issued with a ticket, or indeed break the law (Red routes covered by Traffic Management Act 2004?)
    I suggested alternatives for the delivery such as seeking dispensation from TfL but my employer still insisted I go ahead. It is worth noting the same delivery was out the previous week and did not complete for exactly the same reason - I am not sure of action being taken against that driver but I guess they have to be seen to treat people equally.
    My question really I suppose is Is being asked to do (what I would see as) break the law "Reasonable"?

    Any advice very gratefully received. The letter clearly states I may be dismiised due to my short employment with the company - if you count 17 months as short! Many thanks.
    Tags: None

  • #2
    Re: Threat of dismissal for refusing to deliver on a red route

    Originally posted by ikeadeliveryman View Post
    Hi,
    Would be really grateful for any advice on this.
    I have today received in the post a letter requesting me to attend a disciplinary this Thursday, with the allegation that I refused to carry out a reasonable management request.
    This request was that I delivered furniture to a property which meant stopping on a double red line in Lewisham, London, which I have always understood to be prohibited. My employer says that they told me that the fine would be paid by the company we deliver for, but I refused on the basis I did not want to be issued with a ticket, or indeed break the law (Red routes covered by Traffic Management Act 2004?)
    I suggested alternatives for the delivery such as seeking dispensation from TfL but my employer still insisted I go ahead. It is worth noting the same delivery was out the previous week and did not complete for exactly the same reason - I am not sure of action being taken against that driver but I guess they have to be seen to treat people equally.
    My question really I suppose is Is being asked to do (what I would see as) break the law "Reasonable"?

    Any advice very gratefully received. The letter clearly states I may be dismiised due to my short employment with the company - if you count 17 months as short! Many thanks.
    Well they are correct - the law calls 17 months short! Until you have two years service, you can be dismissed for almost any reason, and this matter is not one of the exceptions. So yes, they can dismiss you with impunity for no reason, never mind this reason.

    Your are also wrong in that it is not breaking the law to park in a red zone. It is a breach of regulation and the penalty notice attracts to the owner of the vehicle ( your employer), not to you.

    So I am afraid that you may not have viewed this as a reasonable management request, but you have absolutely no protections in this matter, so what your employer considers it to be is what it is. I would therefore suggest a very seriously meant apology and doing as your employer says in future. If you are caught unloading in such an area it will be the employers problem not yours. They probably factor in such fines as part of their overheads - realistically, they have to complete deliveries to customers regardless of such things. I may not agree with their technique, and neither may you, but that does not provide any protection against dismissal.

    Comment


    • #3
      Re: Threat of dismissal for refusing to deliver on a red route

      Much appreciated, thank you. And also for such a quick response. Sadly I had come to the same conclusions after a bit of digging around...amazing how things I'd thought true for so many years turn out to be wrong!

      Comment


      • #4
        Re: Threat of dismissal for refusing to deliver on a red route

        Originally posted by ikeadeliveryman View Post
        Much appreciated, thank you. And also for such a quick response. Sadly I had come to the same conclusions after a bit of digging around...amazing how things I'd thought true for so many years turn out to be wrong!
        It is probably worth a contrite apology, and saying that you believed that it was illegal to park in a red zone and didn't want to do something illegal, and now you realise differently and would follow the instructions in future. When in doubt, you have nothing to lose by telling the truth. Until a few years ago I thought parking on double yellow lines was illegal, but someone explained this to me. I think most people would be under a similar impression. And if you don't want to end up here in the future, either do as you are told; or at least appear to be doing so by taking the delivery and then saying that you got moved on, there was no empty bay, or whatever.

        I have to admit that whilst I understand the reason for these regulations, they are a bit ridiculous for people who live there - they want things delivering, and it's fair enough that they do.

        Comment

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