Harsh summarily dismissal- is this fair?

[Dgreat]

I was summarily dismissed by my employer for allowing my cousin to drive my company car. I was feeling tired that morning and hit the curb when driving. My cousin was in the car with me and offered to take over. I agreed instinctively to prevent damage to the company vehicle. 8 weeks later, a speeding ticket arrives to my employer and I informed them my cousin was driving at the time due to the reasons above. I was invited to a discplinary hearing and was dismissed without notice. The car wasn't damaged but I was accused of gross misconduct. Is this fair? My cousin owned a car and had 3rd party insurance to drive my company car. I didn't know about the company policy and had a clean displijartdiscplinary record.

[leclerc]

Re: Harsh summarily dismissal- is this fair?

I was summarily dismissed by my employer for allowing my cousin to drive my company car. I was feeling tired that morning and hit the curb when driving. My cousin was in the car with me and offered to take over. I agreed instinctively to prevent damage to the company vehicle. 8 weeks later, a speeding ticket arrives to my employer and I informed them my cousin was driving at the time due to the reasons above. I was invited to a discplinary hearing and was dismissed without notice. The car wasn't damaged but I was accused of gross misconduct. Is this fair? My cousin owned a car and had 3rd party insurance to drive my company car. I didn't know about the company policy and had a clean displijartdiscplinary record.

Did he have permission to drive the company car by the company themselves rather than insurance that covered him in other vehicles.

[Dgreat]

Re: Harsh summarily dismissal- is this fair?

It happened on my way to work and didn't have permission from the company. I could have had an accident if I counties driving

[Kati]

Re: Harsh summarily dismissal- is this fair?

:bump: for [MENTION=19071]teaboy2[/MENTION] [MENTION=26290]mariefab[/MENTION] xx

[Noah]

Re: Harsh summarily dismissal- is this fair?

Hi
While I think it is harsh it may well be fair because the car was being driven without insurance
Remeber 3rd party insurance is only valid if permission of the owner is sought

However
How long have you worked for the company as that may be worth exploring

[charitynjw]

Re: Harsh summarily dismissal- is this fair?

Was the disciplinary meeting conducted as per company policy/ACAS guidelines?

[Dgreat]

Re: Harsh summarily dismissal- is this fair?

I worked for them for 10 months- almost a year, went through the disciplinary//appeal. I'm not sure what the guidelines for acas. I hit the curb when driving and instinctively swapped seats so I don't have an accident. The car wasn't involved in her accident and a summarily dismissal was very shocking. It was my first mistake with company and I was having great feedback from clients with my job.

[charitynjw]

Re: Harsh summarily dismissal- is this fair?

Is there any express terms or conditions in your contract of employment which relate to company vehicles, & if so, what are they?

Btw http://www.acas.org.uk/media/pdf/l/c...procedures.pdf

[Dgreat]

Re: Harsh summarily dismissal- is this fair?

Company Car Scheme
If you are entitled to participate in the Company Car Scheme, this will either be set out in your Contract of Employment, or will be confirmed to you separately, in writing.
The decision about the model of car which you will be supplied with is entirely at the Managing Director’s discretion.
The provision of a Company car is entirely at the discretion of the Company and the car may be withdrawn, replaced or the conditions under which you are entitled to use it may be changed at any time. In particular, the Company reserves the right to retain the vehicle for the use of the Company where you are absent from work for whatever reason (including but not limited to any period of suspension, sick leave of more than one month, garden leave or additional maternity leave).
The Company car is to be used for business purposes and you are required to use it when travelling to locations where you are required to work. It may also be used for reasonable personal use (by you but not another person (except as set out below)) and is insured for such purposes. You may request that the Company consider an additional driver (for example, your spouse or partner), but this will be at the complete discretion of the Company and require the proposed additional driver to agree to comply with all of the Company car policies and for any additional premium and other expenses to be paid by you.
The Company will pay for the MOT, licensing, insurance, maintenance, repair and servicing of Company cars (provided repairs and service are not caused by your negligence or wilful default) and when necessary replacement thereof. However, you have no contractual right to a replacement car.
The Company will also pay for the cost of petrol/diesel (as appropriate) for business use only. You may be supplied with a Fuel card exclusively for this purpose, but this card can be withdrawn at any time.
You are responsible for paying for petrol/diesel for all private mileage. You shall provide details at the end of each month of all business and private mileage. The Company reserves the right to deduct the relevant amount for private mileage from the next salary payment or other monies due to you, the relevant deduction clause being contained within your Contract of Employment Private mileage is calculated at the rate of £0.105 per mile for the first 800 miles in any month, £0.145 per mile for between 801C1600 miles per month and £0.205 per mile thereafter. Mileage rates are subject to change over time. Mileage relates to a particular calendar month, and cannot be carried forward or carried back.
You will be responsible for any income tax liability as assessed by HM Revenue and Customs in respect of the use of the car.

You must not permit the car to be taken out of the United Kingdom without the prior written consent of your Manager. In the event you are granted such consent, you would be required to ensure the car is properly insured and you comply with all legal requirements.
The Company will retain all documents relating to the registration of the car. However, you will be responsible for ensuring the car has a valid MOT certificate and a valid licence disc and for ensuring the car is properly maintained and serviced that the oil, water and tyres are checked regularly as part of your duties. As stated above, the Company will generally bear the cost of these matters.
The vehicle you are driving represents the Company to customers and others and you are, therefore, also responsible for ensuring it is properly looked after at all times and kept in a clean and presentable condition. You must ensure that it is kept in a roadworthy condition, that it confirms with current road traffic legislation and that the provisions and conditions of the policy of insurance relating thereto are observed so that such policy is not rendered void or voidable.
On the termination of your employment, or if you cease to hold a valid and current licence to drive private motor cars, you must promptly return or account for the car and deliver up the keys to the Company, by a date advised to you by the Company. If this applies, you accept that your failure to do so will entitle the Company to withhold any outstanding monies/wages due from the company to you up to the value of the care under the deductions clause to this effect set out in your Contract of Employment.

Defects, Accidents and Damage
No vehicle belonging to the Company must be taken onto the road if you know or suspect that it has a defect or may in any other way not be roadworthy.
You must report any defect or damage to a vehicle owned or hired by the Company, or any road traffic accident in which you may be involved whilst driving such a vehicle, whether or not that occurred on the Company’s business, as soon as possible to management. A full written report of the circumstances in which the defect, damage or accident occurred should be submitted thereafter.
The Company may seek to recoup any losses in the event of damage caused to any vehicle owned by them as a result of your negligence or wilful default.



Conclusion
Failure to observe these rules or failure to drive any Company vehicle in a reasonable and responsible manner may result in the Company withdrawing the use of the car from the employee concerned. In addition, a failure to observe these rules will be regarded as a disciplinary offence and will be dealt with in accordance with the Company’s disciplinary procedure. Depending on the seriousness of the breach, it may constitute potential gross misconduct rendering the employee liable to summary dismissal.

[leclerc]

Re: Harsh summarily dismissal- is this fair?

The rules above does NOT give anyone other than yourself permission to drive the car. Furthermore, a speeding ticket picked up by the other person in the company car might be about reputational risk.
I'll let others come in on this one but unless any rules around disciplinary were not followed, then I don't think that your dismissal was harsh based on the events you have given and based on the above terms. If you were unfit for work then you should not have gone into work to be honest. Wait for others to give their opinion first but thankfully, this GM is not as bad as it could be ie it was an oversight on your part and that there is no other matters to be resolved.

[Dgreat]

Re: Harsh summarily dismissal- is this fair?

What is GM?

[Tools]

Re: Harsh summarily dismissal- is this fair?

Gross Misconduct

[Tools]

Re: Harsh summarily dismissal- is this fair?

So long as you were given reasonable notice to prepare for a disciplinary hearing, then I see no reason for this to be viewed as unfair dismissal I'm afraid.

You allowed an uninsured driver to use the vehicle (uninsured because they did not have the companies permission), that driver was then caught speeding (driving illegally in the company's eyes and that of the law), you were unfit to drive and therefore carry out your duties of employment etc.

Sorry to say but if they have followed procedure and if no other employees have been treated less severely for exactly the same circumstances (unlikely) the you have no case.

[Dgreat]

Re: Harsh summarily dismissal- is this fair?

Thank you all for your replies.

Do you think a final warning be an appropriate sanction for the above?

[Tools]

Re: Harsh summarily dismissal- is this fair?

Depending on the seriousness of the breach, it may constitute potential gross misconduct rendering the employee liable to summary dismissal.

Unfortunately not, I think the combination of events does justify their actions. That is only my opinion though, others may disagree ?