Wilful delay

[jaxxx]

hi all I am new to the forum,

Couple of days ago I was on my regular duty, my van broken down did the usual thing rang the delivery office, and they got the RAC to recover me back to the delivery office, by the time I got back to the office it was 2pm and I couldn't go back out in another van as I wouldn't of finished the round, would of gotten back 4.30-5pm if I did go back out.

No manager was in the building for me to speak to, only me and the colleague in the callers locker, we decided that I would not complete the round, I put the mail back into the sorting frame and I went home...

Next day manager informs me that I will be having a meeting for wilful delay of mail next week. I have explained the situation to him and he understood but didn't like the fact I went home before my finishing time. I haven't been suspended and still working on my usual rounds

So I am pretty worried about it, and work has been stressful with it over my head

Any advice welcome

Thanks

[BarnsleyLackey]

What's your finish time? Are you full time? Had you taken a break?

[jaxxx]

Finish time is 3.20pm, yeah I'm full time and no break

[BarnsleyLackey]

Just add 40 mins onto the time you left and I'm tipping there wasn't much time to do anything. Add the fact there was no management around to direct you and I think you'll be OK.

[jaxxx]

the duty was rural, and the drive back to where I was would taken me 15-20mins, it all adds up to timing that I wouldn't of finished on time and I didn't want to do overtime..

Thanks for your help

[BarnsleyLackey]

It does sound like he's splitting hairs, as they all do. Just out of curiosity, with the break added onto the time you left the building, what time was it?

[Himaggen]

Your Manager is stupid. The only thing they could have conducted you with was leaving early, but as you've stated the charge is wilful delay they have missed a trick.

The USO failure for the non-delivered mail MUST be recorded by the Manager on his computer with the reason for the failure.
If they don't record the failure then they cannot conduct you with wilful delay, (no evidence of failed mail).
If they record the mail failure but don't mention the vehicle breakdown, for which you've got RAC evidence, then you can have raise a grievance for falsifying the documents.
If they record the failure and mention the vehicle breakdown then there is evidence that the failure wasn't wilful but as a result of an unforeseen event.

BTW, It is your Manager's job, or the 'person in the callers locker' in their absence, to provide you with sufficient work to see you up until your contracted finish time. The person in the callers locker made an assessment of the situation and had not provided you with an alternative to re-prepping the mail. Also if the Manager wasn't there then I'd be interested to see their evidence of your early departure!

You need to ensure above all else though that you do not attend any meeting or enter into any further discussion without a Union Rep in attendance. Do not accept any resolution until you have accepted the minutes of the meeting as a full and true account.

[jaxxx]

Added break time 40mins to the time I left would of been around 2.45pm ish

Union rep has been informed and will be present at the meeting.

Thanks for your replies, taken abit of weight off my mind. And I will let you know the outcome of the meeting

[rehabron]

Added break time 40mins to the time I left would of been around 2.45pm ish

Union rep has been informed and will be present at the meeting.

Thanks for your replies, taken abit of weight off my mind. And I will let you know the outcome of the meeting

Your finishing time was 3.20pm and you left the building at 2.45pm taking into account your legal break of 40 minutes so you will be required to give an explanation for the remaining 35 minutes.
If you were now required to be issued with another van then have you the authority to remove other van keys as there was no one in authority on your return to the building to issue you with replacement van keys.
If this is not an issue then having to complete further van check on the replacement vehicle and the 30 minutes ( 15 minutes both ways) to reposition you onto your delivery route then the outstanding 35 minutes would have easily been absorbed.
therefore the charge of wilful delay is not appropriate and furthermore as there was no manger in attendance in your return to the office to issue instructions for other work to be completed to take you up to your duty finishing time then the possibility of a charge of not completing your duty hours can be easily explained.
If management go down this line of leaving before the completion of your duty hours then your obvious reply is that you went with the flexibility arrangements of 1/2 hour either way and are willing to give them the 1/2 hour back then there should not be any charges.

[bogstandard]

do not accept you could have taken your break while waiting for the recovery vehicle.
Your M/R is for YOU to dispose of as YOU see fit. You could not possibly take a 40 min M/R when you had no idea when the recovery would attend. Were you really expected to say to the RAC "sit there for 30 mns mate i'm on my break", no i'm sure.
Also as you have been at work throughout this you could not really be considered as a threat to the mail.

what is normal protocol at your office?

[The_Wax_Man]

Under these circumstances I think you should have stayed at the office until your finish time, at least help out in the callers office, swept the yard, stacked the yorks etc etc.

RM will find anyway whatsoever to give you a rogering. Don't give them the opportunity. Simple rule is that Unless a manager/Dom says 'there is no work, you can go early' then your finish time is your finish time regardless.

Play the game of C.Y.A - aka Cover Your Ass. - In future, make sure you know your managers mobile number then you could have called him from the office upon your return and explained what had happened and what he wants you to do next > up to your finish time.

If that had meant getting the keys to another van, driving 20 mins out delivering 2 letters then driving 20 mins back then so be it.

[Oldskoolpostie]

If someone is charged then with wilful delay would they have a right to see the mail failure? And could they request this under the under the 1998 data protection Act stating I have a right to full disclosure from the Defendants of all materials and documents" which are "connected to [him] or connected to overlapping investigations, considerations, actions, intended actions etc"?

[TrueBlueTerrier]

If someone is charged then with wilful delay would they have a right to see the mail failure? And could they request this under the under the 1998 data protection Act stating I have a right to full disclosure from the Defendants of all materials and documents" which are "connected to [him] or connected to overlapping investigations, considerations, actions, intended actions etc"?

You would probably need to get a lawyer's advice to get such specific facts on law.

However, disciplinaries are an employment matter where reasonableness is the main factor when deciding matters, and the level of proof required is not the same as in a trial. That is that the decision made must be reasonable given the information available to a reasonable person at the time of the dismissal.

However MY OPINION, and thats all it is:

The Data Protection Act normally pertains to private information held by an organisation about an individual - I am not sure how this would apply in a wilful delay case as the items of mail allegedly delayed would not normally pertain to the postie accused. They can be used as evidence but even then they wouldn't fall under the DPA.

DO you have the right to see the mail failure - again you'd need advice from a ADR or lawyer,but my guess is NO. I would think documentary evidence as to the failure occurring would be enough, hopefully with photocopies of a sample of the failed mail would be enough to satisfy an ET as to reasonableness.

[jaxxx]

An update to this.

Manager has decided not to go ahead with the wilful delay.

And the case is closed.

Thank you for your replies

[bogstandard]

Well blow me down with a feather, common sense has prevailed.

Im shocked