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

[Lounge Lizard]

The phone part of the PDA doesn't work, certainly not on any of the PDA's I've ever used, no PDA phone amd no mobile, what the hell was he supposed to do?

Bollocks, it works on them all, you can only dial 3 or so numbers, the 0800 one that you type your office I'd into to call your office, the RAC and emergency services

But only if you've either been trained in it's use (or have the time to work it out yourself), I don't know how to use either the phone or the sat nav on my PDA because I've never been showed.

and only if you've been issued with a PDA.

[barneyrotts]

i had my hearing today and i have to wait till friday for the decision but the manager who took the hearing agreed that i had never been told or trained in what to do in an emergency and never given an emergency phone number!!!!!!!!!!!,so i,m hopeful of a good decision on friday!!!!!!!!!!!.he also said my dom had made my life a misery so he can understand why i did what i did!!!!!!!!,fingers crossed.

[Himaggen]

If I'd been representing you, you wouldn't have had a hearing, as I've stated already what you did was not an act of Gross Misconduct therefore no case, no charge, no hearing, no decision, no problem.

[Indy]

If I'd been representing you, you wouldn't have had a hearing, as I've stated already what you did was not an act of Gross Misconduct therefore no case, no charge, no hearing, no decision, no problem.

come-on your real name is "Atticus Finch" isn't it!

[barneyrotts]

my case has been passed on to a higher grade manager!!!!!!!!!!,for friday.

[dvbuk55]

my case has been passed on to a higher grade manager!!!!!!!!!!,for friday.

That is not good news. Make sure you have the best representation available to you.

[barneyrotts]

i do and they have openly admitted i have never been trained or told what to do in an emergency!!!!!!!

[Tman]

Don't suppose they thought anyone would actually need telling not to drive on a flat tyre, though.


Still, how wrong were they?

[Himaggen]

In order to ensure that Employees are aware of what constitutes Gross Misconduct, it is in the Employers interest to indicate it either in their Contract of Employment or through an Employee Handbook. A signature from that Employee stating that they had read, understood the content and would abide by it would also be prudent in order to validate that agreement.

In this case I can only envisage that in order to be successful in winning their case the Employer has the Employees signature from either Driver or Health and Safety training specifying either directly or by implication such a situation, and that it would result in Gross Misconduct.

I am aware that Companies do include serious breaches of Health & Safety statements as Gross Misconduct. However, I believe that what has occurred was an ill-judged act of negligence, possibly breaching a Health and Safety agreement but certainly not a Serious Breach. (A serious breach should be reported to and investigated by the HSE). If the Managers are dealing with this 'in house' then that is validation that a Serious Breach has not occurred only a non serious breach, which would result in Misconduct only.

[barneyrotts]

is misconduct sackable.

[Pat Ostman]

Don't suppose they thought anyone would actually need telling not to drive on a flat tyre, though.


Still, how wrong were they?

I am not excusing anything but the workload these days (and you have been out of the loop for sometime) encourages this type of behaviour.

[Pat Ostman]

is misconduct sackable.

I would not have thought so if that is the avenue they take. The fact you are still employed and not suspended is a sign they are not or cannot go through with gross misconduct.

People have been sacked for less though.

A lapse of judgement and you walk in with a few missorted letters in your bag one morning for example, that can be sackable.

[Himaggen]

Gross Misconduct is sackable, Misconduct is only sackable if it is a repeat offence.

i.e You would go through a written warning system, which would probably include a re-training clause. This warning would generally include a statement stipulating that a repeat offence could result in dismissal.

<Edit />
As Pat says above, Gross Misconduct is a fast track dismissal, (instant suspension). The fact that you have remained on duty means that Royal Mail do not deem what you have done to be an act of Gross Misconduct.'

[fmrPOSTIE]

Himaggen speaks wise words.

This is a misconduct issue not a sackable offence. Gross Misconduct offences fall generally into these categories:, theft or violence, bullying.

[Pat Ostman]

This is a misconduct issue not a sackable offence. Gross Misconduct offences fall generally into these categories:, theft or violence, bullying.

What would drunk/drug driving at work come under? It can be hazy and I would imagine he could have been sacked for his actions, there is a lot here we do not know (what he has admitted is pretty bad, lets be honest). The buzzword here is GROSS MISCONDUCT, it's here Royal Mail have messed up imho.

Running a vehicle with a tyre so shattered it was shredded and the wheel damaged is a serious matter. He would have had little control of the vehicle and his breaking would have been hampered. Someone could possible have been killed. This is not really the same as not wearing a hi-viz which is a what a misconduct issue is for. (people have been sacked under 'health and safety' ar RM for not wearing a cycle helmet if you think this is bad).

http://www.southportvisiter.co.uk/south ... -24493388/" onclick="window.open(this.href);return false;
(although some have won appeals due to insufficient paperwork)

Still, they have not suspended him so his chances are very good at staying in the job in my experience.

“There has been an unusual sequence of staff disciplinary hearings and dismissals. Staff have been sacked for seeming trivialities such as not wearing their helmets on cycle paths and leaving keys in vans in isolated areas for very short periods.

Saying there is no way he will be sacked though is a little optimistic in the current climate.