Unfair/constructive dismissal - being made a scapegoat

[Desb81]

I've worked for a huge UK company for the last 18 years. My conduct record has been clean in that time. I am employed as a HGV driver and been in that role for 2.5 years. On 1st of July I was involved in an accident with the vehicle on company property. The vehicle was found to have 2 faults on it both of which contributed to the accident, and should have been found during periodic servicing . I was removed from driving duties while it was investigated. After the fact-finding interview with my line manager, my story was changed in the notes of the interview. I put corrections in regarding this and these were ignored in the decision report. I was "charged" with gross misconduct for failing to follow training I'd been given, (my training officer spoke up in my appeal interview and said I'd followed the training exactly as I'd been shown). 8 weeks after the incident (24/8/17) I was summarily dismissed from the business.

I put an appeal in straight away and my appeal interview was scheduled for just over 2 weeks later. It has since been 4 weeks since the interview and have heard nothing since. Is this normal or would it count as an unnecessary delay?

I have been told unofficially that they may reinstate me but still remove me from driving and change my working location (reduced pay, longer commuting time to work). Would these be grounds for constructive dismissal?*

If I accept any backpay, does it forfeit the chance of a constructive dismissal case?

It's obviously been a very stressful time and I just want my original job back.

Many thanks for any advice you can give.

[jaguarsuk]

Re: Unfair/constructive dismissal - being made a scapegoat

[MENTION=51026]Ula[/MENTION] will probably be able to shed some light on this for you

[Viking1985]

Re: Unfair/constructive dismissal - being made a scapegoat

My conduct record has been clean in that time... and been in that role for 2.5 years. The vehicle was found to have 2 faults on it both of which contributed to the accident... After the fact-finding interview with my line manager, my story was changed in the notes of the interview. I... 8 weeks after the incident (24/8/17) I was summarily dismissed from the business.

I have been told unofficially that they may reinstate me...

If I accept any backpay, does it forfeit the chance of a constructive dismissal case? TECHNICAL POINT: you're dismissed, Constructive Dismissal is when you have been forced to RESIGN.

...It's obviously been a very stressful time and I just want my original job back.

Hi,

You seem to be saying you would take back a job at a company where several employees have made errors then colluded to pin the blame on you? If you went back, even to the same job on the same money you would have lost a priceless asset because of the gap in time between your dismissal and "reinstatement" (second job, no continuity of service).

Right now you can take them to an Employment Tribunal 'cos you have 2 years service. When you go back and they find a second reason to sack you you won't be able to go to the Tribunal. You will have to walk away.

Take legal advice as soon as possible and ALSO phone ACAS tomorrow.

Viking

[Desb81]

Re: Unfair/constructive dismissal - being made a scapegoat

Thanks for the reply.

As I said, the internal appeal is still ongoing so I am hoping to be fully reinstated, which I believed would mean no break of contract, am I correct?

I don't have a problem with other colleagues at all, it's been one manager who has tried pinning the blame on me from the start. I had a phone call yesterday from my union rep saying that there's been evidence found now of this cover up and I should get a decision on my appeal tomorrow.

My question now would be, if I am reinstated I know they give me full back pay but are there any options regarding the overtime I've lost, the ruined annual leave before I was dismissed, and general stress I've suffered through these 15 weeks of hell.