for peeps who have staff

[TheWrightTiler]

i have a second part time job delivering pizza

its been alleged i was seen smoking in the co car and an investigation is being started with a view to gross misconduct

for a start i wasnt smoking as i have one of the inhalator things

they say there is a foto but iam sure i never gave permission for my pic to be taken by anyone and if i was driving surely it wouldnt be a great pic as id be driving away

there was no smoke or ash in the car yet it was searched without me being present is this allowed

i am not allowed to see the witness statements can they do this as i cannot possibly defend myself at a meeting if they wont let me see the docs

can anyone help witht eh rules on ivestigations and what counts as seen smoking or do i actually have to be caught

as far as aware my co car wasnt checked that night and the person doing the investigation waited 3 weeks to bring this allegation to fruition, is there a time limit and any law links wuld be great

cheers

andy

 

[White Room]

Whats the worst that could happen

 

[TheWrightTiler]

sacked but its steady work and extra cash for whn quiet

 

[Rob Z]

Each state here has their own version of an employment commission that knows the employment laws and is supposed to stand up for employees that are getting railroaded by employers. Is there something similar there where you live?

 

[Alan.P]

CAB is probably your best bet.

 

[SandyFloor]

CAB is probably your best bet.

Agreed...you can't go wrong starting at the Citizens Advice.

 

[Olz]

i have a second part time job delivering pizza

its been alleged i was seen smoking in the co car and an investigation is being started with a view to gross misconduct

for a start i wasnt smoking as i have one of the inhalator things

they say there is a foto but iam sure i never gave permission for my pic to be taken by anyone and if i was driving surely it wouldnt be a great pic as id be driving away

Theres no laws against taking photos of anything at all be it people or property in public places, including those driving through public places unless they are planned to be used in acts of terrorism.

there was no smoke or ash in the car yet it was searched without me being present is this allowed

I would imagine if its a company car they car do what they want with it, it would have been better if it was searched in your presence though, if they had found something you could just dispute it, but then i suppose it was searched by more than one person for coroboration, and probably would say that anyway, if you cant prove otherwise, though as nothing was found to support their claim surley that can only go in your favour.

i am not allowed to see the witness statements can they do this as i cannot possibly defend myself at a meeting if they wont let me see the docs

Im not 100% on this but would imagine they would have to show you them at a disiplinary meeting, I believe the process is, they give you notice of disaplinary, then complete their own investigation, the invite you to a meeting.

How long have you worked their, if its less than 12 months they can just sack you anyway no reason needed.

can anyone help witht eh rules on ivestigations and what counts as seen smoking or do i actually have to be caught

Has someone like the local council seen you and reported you, and tried to fine the company for you smoking in the company car or something.

Electronic cigarettes dont count as cigarettes, you could sit at a desk in an office with one in your gob all day long if you wanted.

as far as aware my co car wasnt checked that night and the person doing the investigation waited 3 weeks to bring this allegation to fruition, is there a time limit and any law links wuld be great

There isnt a time limit, ACAS say it must be done without uneccassary delay within a reasonable time.

cheers

andy

Hope that helps.

 

[mikethetile]

yes mate they can do all of those things, it may have taken several weeks to talk to you as the manager would have to discuss this with their manager, who would probably have to inform their manager and so on

you will be allowed to see the pics as it would be part of the disciplianary meeting, they can only dismiss you for smoking so if your defence is that you were using an inhaletor then they will have to be able to show otherwise

I would contact cab first and get the ball rolling on your defence

 

[Saltire69]

Pretty sure in Scotland it's against the law to take your picture(unless it's the police). Would look into that Wrighty.

 

[TheWrightTiler]

had the hearing tonight

staff member reported driving past me and flashing lights, i waved and he saw a ***, it was my inhaltor, as we were both driving i questioned the speed and how could he possibly see if it was a ***

the same staff member received a text from an ex staffer saying the the ex staffer had seen me smoking, the staff member reported this as he is a crawling bum sook, not the ex staffer, i queried this as we cant text work to report sick so why was a text used

i also queried why i wasnt at the search as it could be possible that ash was planted in the car etc

they have my o do, personally i dont think they have a case but they have to be seen to be doing summat lol

****s imho

 

[White Room]

You don't need that crap:ban:

 

[SandyFloor]

Wow....nice people you work with. They shop you rather than mention it to you personally. Did you run over their dog or something?

 

[TheWrightTiler]

wish i had, little **** is 17 with a nice new motor, not that i condone anything

andy

 

[diamondtiling]

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_10027992

Lots of helpful info in the link.

 

[albyshellshear]

Wow....nice people you work with. They shop you rather than mention it to you personally. Did you run over their dog or something?

not yet but its probably the agenda lol

 

[TheWrightTiler]

quick update

case dropped as evidence poor
wanted to hand a verbal warning told him to go away nicely lol

bumped into a mate of mines whose a site agent and was telling him what happened, was like a cartoon with his face getting redder and redder as he hates grasses, is ex army ordanance corps and isnt to be messed around, he knows this little persons site agent and is gonna drop the wink bout being a grass, texted me a few hours later and the whole site knows bout this lad now and boy is:hurray: getting it tight from all and sundry

do i feel sorry no i dont, what goes around comes around etc

andy

 

[mikethetile]

that waas quick retribution Andy

I remember the rough time I had as a site agent when I sacked a plasterer for theft, it wasnt a bag of finish for a little job at home , which I turned a blind eye to as we dumped more than that anyway, it was the two pallets they got into the back of a sprinter, the forks driver he cut in on the deal went as well

the stick I got was unbelievable, I was glad to get that one handed over and move on to the next job