Procedure

[SexyLegs]

Hi - A colleague has been dismissed for 'failure to comply with a reasonable request', there is another thread on this but I'm interested in correct procedure information, the colleague was given a letter on 12th January, giving them 3 weeks to get their driving licence to DVLA and back again, pink photocard had expired, the LM was informed that due to financial reasons and the fact that the OPG cares for their Gramp they wouldn't be able to get it done until the 20th Jan, the LM replied 'I had mine back in 7 days' so the OPG thought it would be fine, on the 20th Jan, 8 days after the letter and on pay day so had enough funds to get it sorted they filled in the application and was going to send it off when the OPGs sister offered to post it for her as she was going past a post box, the OPG handed her the application and thought no more of it, and expected to have the licence back in 7-10 days as the LM had intimated that's how long it would take.

On Thursday the 2nd February the 3 weeks was up, no manager mentioned anything to the OPG, then the following day a different LM asked the OPG whether the licence was back, which they replied no, I'm still waiting for it to come back, then on the 7th Feb the original LM had the OPG in for a fact finding interview, asked the OPG when the licence was sent and how it was sent, she replied it was sent 7-10 days after you'd given me the letter and it was sent with 2 first class stamps, end of interview, 2 days later the LM asked the OPG if the licence was back and they replied not yet, at the end of their shift that day the OPG was handed a letter which stated the matter was being passed up to a senior manager as the penalty may be beyond her level of authority..........

Smelling a rat the OPG checked with her sister to make sure she'd sent the licence off, she said yes, I'm sure I posted it, only to realise later that day she hadn't posted it so she went straight to the Post Office and sent it SD. In the mean time the OPG went on to the DVLA website to check how long these things take and read that licence renewals can take in excess of 3 weeks, and you shouldn't even contact DVLA until 3 weeks has elapsed.

The licence was returned from the DVLA on the 16th February 2012, less than 5 weeks after the initial letter, 3 days after the OPG was suspended.

Then, on Monday 13th February the OPG was precautionarily suspended for 'failure to comply with a reasonable request'.

Then on Monday 19th March the OPD was summary dismissed for a 'Major Offence' with no notice pay.

1 day later the sister e-mailed the manager dealing with the case and explained she had forgotten to post the licence, gave the manager the SD tracking number, which upon entry shows the recipient to be DVLA, so he knew at this stage the licence was at DVLA, that's important because as per the DVLA website you can continue to drive as soon as you've sent your licence for renewal.

RMs argument has always been that the OPG was asked all through 2011 and 2012 to produce a valid licence, the OPG had taken in their licence at the licence checks as asked but never been told to get it updated, RM managers say they did ask but have nothing to back up their story, and as they had continued to drive would it be reasonable to assume the licence had been accepted?

The OPG did a driving duty on the 7th & 9th February 2012.

The OPG was suspended on the 13th Feb, the suspension should have ended on the 14th as the manager knew the licence was at DVLA.

Is 3 weeks reasonable when the DVLA part of the process was likely to take 3 weeks or longer?

Have the correct procedures been followed by the manager who dismissed?

Your thoughts/questions please?

[hantsman]

You have a thread already re this, IMHO you need to get her to file an ET1 now!

[Stormproof]

You have a thread already re this, IMHO you need to get her to file an ET1 now!

Have to agree, no more can be said in this thread which has'nt been said in the other thread. Get a ET1 in.

[flaminmoses]

Also take it there hasn't been an appeal yet

[SexyLegs]

Also take it there hasn't been an appeal yet

They have appealed, RM have acknowledged receipt of appeal so now waiting for appeal date...........which should be within 4 weeks, is that likely?

[dvbuk55]

Also take it there hasn't been an appeal yet

They have appealed, RM have acknowledged receipt of appeal so now waiting for appeal date...........which should be within 4 weeks, is that likely?

Give it a rest and wait for the outcome.

[SexyLegs]

Also take it there hasn't been an appeal yet

They have appealed, RM have acknowledged receipt of appeal so now waiting for appeal date...........which should be within 4 weeks, is that likely?

Give it a rest and wait for the outcome.

Feel free not to contribute dvb, help gratefully received, sarcasm not so much!

[dvbuk55]

Also take it there hasn't been an appeal yet

They have appealed, RM have acknowledged receipt of appeal so now waiting for appeal date...........which should be within 4 weeks, is that likely?

Give it a rest and wait for the outcome.

Feel free not to contribute dvb, help gratefully received, sarcasm not so much!

I know, why not open yet another thread and who knows there may be divine intervention.................if you haven't heard anything in the last fortnight that will help

[hantsman]

Also take it there hasn't been an appeal yet

They have appealed, RM have acknowledged receipt of appeal so now waiting for appeal date...........which should be within 4 weeks, is that likely?

Already advised you to get her to file the ET1, DO NOT DELAY