i,ve been charged with gross misconduct under the health and

[Tman]

Would just changing the wheel require instruction too, then?

[DGP1]

Would just changing the wheel require instruction too, then?

Some people are just unable to change a wheel (for all sorts of reasons) and some don't want to do it because they don't want the responsibilty for doing it but I think the person didn't change it because he'd then be late for the collections and would miss the lorry.

[Judgee]

Do the vans have spare wheels or the tools to change them? Can't say I've ever seen them?

[DGP1]

Do the vans have spare wheels or the tools to change them? Can't say I've ever seen them?

Do you do your van checks checking the spare is there and is usable and that there is a jack and a wheel brace is something you should be doing.

[Judgee]

Never been shown where to look for a spare wheel? Was just told any breakdown of any sort phone the office and someone will come out and fix it?

On vehicle checks was only shown to check water, oil, tyre pressures etc!

[DGP1]

Never been shown where to look for a spare wheel? Was just told any breakdown of any sort phone the office and someone will come out and fix it?

On vehicle checks was only shown to check water, oil, tyre pressures etc!

What would you do if it was your own car?? You know where your spare and tools are and how to change the wheel, unless you're driving one of the big vans then you do it yourself (if you physically can).

[Judgee]

It's not my own car though and they told me to call and someone will come and fix it... ya don't have a dog and bark yourself!

[Stormproof]

Most of our vans have spare wheels but we are not allowed to change the wheel because 'we have'nt been trained'. As for making phone calls on PDA's, I did'nt think you could dial out, only ever received text messages on it from someone in RM HQ.

[barneyrotts]

at my office we have never been shown or trained what to do if you get a blowout,like most things you get told afterwards in a teambrief,they are too busy trying to cut corners to save money!!!!!!!!!

[barneyrotts]

i was told i should have knocked on a member of the publics door and used there phone in there house.

[Himaggen]

You appear to be escaping the point, by concentrating on mitigation.

The fact is that I am unaware of any remotely similar situation where an alleged failure of an Employee to adhere to their responsibilities under the Health & Safety at Work Act would result in a 'Gross Misconduct' charge.

'Gross Misconduct' is not a generic term to encompass any Employees action, it is a legal term which requires to be proven.

My view is that if the Employer in this case can show that the actions taken by their fully trained Employee were a deliberate act of neglect in performing their duties and requirements under the H&S at Work Act, then they could issue a 'first' written warning for misconduct. Note that unless fully trained, the Employees actions will mitigate this and should only result in an 'improvement note' accompanied by appropriate training/re-training.

[barneyrotts]

i,ll be honest if they don,t sack me i,m expecting at least a 2 year suspended serious.

[krussel]

i,ll be honest if they don,t sack me i,m expecting at least a 2 year suspended serious.

You know with all this hassle and gps tracking telemetry to be added with vans i think your prob better off. Once upon a time when we got £11 (prob eq to £30 now) driving allowence it was well worth driving but nowadays iam not so sure.

I gave up my van on the last resign and i dont miss it one bit

[barneyrotts]

another thing in my defence.i was told by an acting dom infront of a witness that i was top of my doms hitlist,which may give you an idea as to why i did what i did,partly because i,m under permanent scrutiny from my dom,which have included him scrubbing my overtime and following my everymove for a whole week and writing a report on me without me knowing and also telling me if the collection fails it could be a conduct code issue.i have put grievances in and they are basically ignored!!!!!!!!!.even though one of my recent grievances was overturned in relation to him altering my overtime,i still have 5 outstanding and our office is currently been investigated!!!!!!!!!.

[krussel]

another thing in my defence.i was told by an acting dom infront of a witness that i was top of my doms hitlist,which may give you an idea as to why i did what i did,partly because i,m under permanent scrutiny from my dom,which have included him scrubbing my overtime and following my everymove for a whole week and writing a report on me without me knowing and also telling me if the collection fails it could be a conduct code issue.i have put grievances in and they are basically ignored!!!!!!!!!.even though one of my recent grievances was overturned in relation to him altering my overtime,i still have 5 outstanding and our office is currently been investigated!!!!!!!!!.

Tbh iam not sure that going after the dom is the right defense

I would go on ignorance ie; having no idea that the tyre had deflated so much etc.