Should I appeal?

[Jpro747]

Hi,

I have returned to work now after 4 months of being suspended following an RTC where the handbrake failed whilst parked on a hill, with no other parties involved. I recieved a 2 year serious, meaning that any further offence within 2 years would lead to instant dismissal. I believe this was an unfair outcome because I had not recieved any drivers training during my employment at RM! The only thing I hadn't done was put the van in gear, the handbrake was fully applied and wheels turned despite there being no kerb anyway. I feel they wrongly accused me of failing to adhere to safe systems of work. Everyone I've spoken to at work said I was very lucky to still have a job, and that other colleagues had been dismissed when involved in an accident concerning the handbrake. Union rep and manager have advised me not to bother appealing because I wouldn't get anywhere with it. Any thoughts appreciated.

[Newbie001]

Not sure how far you would get to be honest. Pretty sure, although it's been a while, that leaving in gear on a hill is also part of highway code. Don't think lack of training argument will work in this instance.

[rehabron]

Hi,

I have returned to work now after 4 months of being suspended following an RTC where the handbrake failed whilst parked on a hill, with no other parties involved. I recieved a 2 year serious, meaning that any further offence within 2 years would lead to instant dismissal. I believe this was an unfair outcome because I had not recieved any drivers training during my employment at RM! The only thing I hadn't done was put the van in gear, the handbrake was fully applied and wheels turned despite there being no kerb anyway. I feel they wrongly accused me of failing to adhere to safe systems of work. Everyone I've spoken to at work said I was very lucky to still have a job, and that other colleagues had been dismissed when involved in an accident concerning the handbrake. Union rep and manager have advised me not to bother appealing because I wouldn't get anywhere with it. Any thoughts appreciated.

Firstly receiving a 2 year serious on your record does not automatically mean that a further offence within that time period would lead to dismissal. For that to apply your previous disciplinary would have to clearly state that there has been a suspended dismissal applied and going by your post you have received a 2 year serious warning on your record.
I always advise that when there is an appeal process available then USE it should it eventually come under an ET tribunal the fact that you have not used the internal appeal system that is available to you this will reflect on the amount of compensation should you appeal be successful. Please bear in mind that the appeals manager can only uphold, reduce or revoke the penalty decision so you would be foolish not to enter an appeal, Your manager (expected) and your union rep (?) not advising you to appeal need to consider themselves for a lobotomy procedure urgently. " APPEAL"

[Creditshampoo]

In my drivers training I was told not to leave the car in gear

[rubberbond]

[quote="Jpro747"]Hi,

I have returned to work now after 4 months of being suspended following an RTC.

4 months!!!!!!???? Were they taking the piss? Did you receive regular updates/reviews of your suspension, was it reviewed within 48 hours, is suspension for that long within the natural laws of justice? On the face of it, no,obviously I don't know theirs and outs of your particular case, however it seems to me ,that the punishment was a gross overreaction, you cannot be responsible for mechanical failure, and perhaps you should have left the van in gear, but what is wrong with a slap on the wrist, naughty boy, don't do it again,far more effective. You MUST appeal,it is what the process is there for.

[crazyshrew]

Hi,

I had not recieved any drivers training during my employment at RM! The only thing I hadn't done was put the van in gear, the handbrake was fully applied and wheels turned despite there being no kerb anyway. I feel they wrongly accused me of failing to adhere to safe systems of work.

The punishment certainly doesn't seem fair.

Firstly leaving a van in gear wasn't part of a driving test until 2014, so most people would only be doing it because RM (or someone else) trained them to do it. If you hadn't had the RM driving training/assessment how the hell could you adhere to the rule?

Secondly, I was under the impression you couldn't drive unless you had done the RM training, so why were you going out in the first place?
I can assume you had no idea about the training and been instructed by a manager to use a van, and being none the wiser you innocently just did as you were told?

Gives me a suspicion that they are hitting you hard to cover their own arses.
An investigation should have been done that would reveal that you hadn't been put on the training, I would put good money that all management would deny that they had authorised you to use the van and basically hide their failures by shifting all blame on to you.

Definitely find a decent rep and appeal

[Jpro747]

Thanks for the replies.

Apparently in most cases people are sacked for incidents involving the handbrake. Bit harsh of RM to sack employees for accidents imho and I really don't know how having an accident could be classed as gross misconduct leading to dismissal, unless it was proven to be deliberate or careless. Surely after taking it to a tribunal you'd hope they'd win the case and get their job back!

My rep is decent and I can't thank him enough for his help during the meetings, stresses that I'd probably be unsuccessful in appealing I as I admitted during a fact finding to knowing that the van should be parked in gear on a hill. I'm still inclined to appeal anyway (what have I got to lose?), but have had enough hassle as it is from mgmt as it is and don't really want to go through more interrogations.

I still feel the way they handled the case was appalling, no contact for 3 months, stress, harrasment, for something that wasn't intentional. Not to mention the impact it had on my colleagues having a member of staff short for 4 months. I would hope they think twice in the future about suspending individuals for months for such minor incidents.