Advice on Wilful Delay, please

[exetererica]

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[belle smith]

Hi, if someone is being taken down the conduct code for Wilful Delay, could the person get off on a technicality if their paperwork isn't up to date? And how often do the Wilful Delay documentations have to be signed/updated?
Any help will be appreciated

If theres an acusation of Wilful Delay, get your area rep involved ASAP....if your in the union.
Did whoever is being acused, actually wilful delay the mail as your asking about techicalities?

Ps. have RM called the Police???

[gerardy]

Are you currently suspended?
They need to follow the correct procedures

[postmanplod]

If wilful delay is proven then getting off on technicalities is difficult as Wilful delay goes against the postal services act, so even if badly handled you are unlikely to get a result,
If however it can be shown that the delay is not wilful then it is possible to get the charge reduced to "unexcused delay" which can carry a lesser penalty

[exetererica]

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[IcanthelpthewayIam]

It is for my friend. She had a bulk-posting so took the mail to the houses she was going to and left the rest under her frame for the following day.

If it was first or second class mailing she is screwed, but if mailsort she might be in with a chance

[smartbhoy]

If she wasn't authorised to leave any mail by her manager she can be taken down the conduct code for wilful delay, no matter what it was, First Class, Second Class, Mailsort or DSA.

[clashcityrocker]

Or D2D....

[Spedley]

Or if the manager refuses to admit they said leave it. I've had similar happen to me before when I swapped a day off and it cost me a days pay (but strangely no action was taken).

[brothermagrew]

A past brother fishtank posting explains:

17 MAIL INTEGRITY - SAFEGUARDING CUSTOMERS’ MAIL

UNEXCUSED DELAY TO MAIL

The responsibility for safeguarding the mail and giving it prompt and accurate treatment is one of the most important duties of all employees.

Various actions can cause mail to be delayed, e.g. carelessness or negligence leading to damage or loss of customers mail, breach or disregard of a rule or guideline. Such instances are to be distinguished from wilful delay although they may also be treated as misconduct, and in more serious instances could also result in dismissal.

Furthermore, Royal Mail does recognise that genuine mistakes and misunderstandings do occur and it is not the intention of the Business that such cases should be dealt with under the Conduct Code beyond counselling for the isolated instance. The key is that employees should do their job to the best of their ability and, if in doubt, ask for their manager’s advice and guidance.

WILFUL DELAY

Wilful delay of mail is classed as gross misconduct, which if proven could lead to dismissal. The test to determine whether actions may be considered as wilful delay is as follows:

Deliberate action taken by an employee that causes mail to be delayed is called wilful delay. Where proven, such breaches of conduct can lead to dismissal, even for a first offence; indeed Wilful Delay is a criminal offence and can result in prosecution.

2 TRAINING/LOCAL ARRANGEMENTS

a) It is essential that our employees are given the correct training and support if they are to provide an excellent service to our customers and complete their work entirely in accordance with the requirements of the job. When this is not possible to do this, for any reason, arrangements should be in place to enable employees to alert their manager at an early stage in order to avoid compromising service standards.
b) Delay to mail is a serious matter and it is, therefore, incumbent on all Royal Mail employees to ensure all items are processed in accordance with the local arrangements. All employees will be made aware of these local arrangements and the specific requirements of the particular job(s) they will perform. Every time mail is delayed, for whatever reason, Royal Mail’s employees should attempt to correct the problem efficiently and effectively as soon as possible.


4. GENERAL

a) Employees must be made aware that mail must NEVER be taken home at the end of a delivery. Correct endorsement procedures and correct use of the pouching off wallet, if appropriate, will avoid this.
b) Although the main aim will be to avoid the circumstances that may pose operational difficulties to an employee and to find ways of overcoming any potential problem at a very early stage, it is also important that all employees are made fully aware of the implications of delaying mail and possible consequences.
c) Measures shall be put in place to advise staff on the course of action to be taken when difficulties arise when managers are unavailable.

6. DELAY OF CUSTOMERS’ MAIL - DECISION MAKING MODEL

Alleged Delay Judgement


Incident Does it need First Line Manager to approach employee or not?

Fact-finding Interview Does it end here, i.e. no action, individual advice or ticking off?

Formal Action Is it appropriate for First Line Manager to deal with? Decide on Serious Warning or Reprimand. Is it potential dismissal or action short of dismissal? Pass on to second line manager.

Precautionary Suspension Where it is potential dismissal, are mail or employees at risk? See para 11 precautionary suspension not automatic.

Formal Interview Was mail delayed?

Mail Delayed Any mitigating circumstances?
Was it wilful or unauthorised/unexcused delay?
Penalty Proportionate to the circumstances

[exetererica]

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[belle smith]

Thanks everyone for your replies. My friend has her fact finding interview tomorrow. I just thought she may be OK if RM hadn't got an up to date Wilful Delay documentation.
She did tell her manager that she needed to finish on time but she (her manager is also female) didn't give her a reply.

Again if she is in the union, get your area rep involved it's what you pay your subs for. they have to move her fact finding interview to allow representation.

[fishtank]

Thanks everyone for your replies. My friend has her fact finding interview tomorrow. I just thought she may be OK if RM hadn't got an up to date Wilful Delay documentation.
She did tell her manager that she needed to finish on time but she (her manager is also female) didn't give her a reply.

As Belle says this needs at least ADR level involvement.

This may help..her manager should have given her a reason for refusing assistance which is basically the same as not replying.This reason should be recorded in writing.


DELIVERY

3.1 PRIOR TO COMMENCEMENT

a) Where an employee feels that on completion of preparation he/she may experience difficulty in completing his/her delivery within the authorised time allotted, he/she should approach his/her manager as soon as possible before setting out on delivery. It will be for the manager to discuss any problem and advise the employee what particular action should be taken.

b) When an individual has requested assistance on delivery, but the manager feels that assistance is not required, this decision along with the advice given to the employee will be recorded and associated with the daily traffic volume records. The employee can have access to this record and may ask to see it prior to commencement of his/her delivery. In addition to recording the employee’s request, the employee will be instructed to ring his/her local manager prior to a specified time or as soon as possible if full completion of delivery workload within the time allotted proves not to be possible.

[exetererica]

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[Broxi51]

She can appeal. If her record up to now has been good she may have a chance. She can tell them why she was in a hurry. If excuse is good then again an exception may be the case.
If she feels there is a valid reason for leaving mail then highlight it. Is she new to RM? Perhaps she didnt know what was required of her.
Dont let her give up without appealing and make sure she has some representation with her, preferably area rep.