Can you be sacked for a blameworthy accident

Bahia Feliz · Post by **Bahia Feliz** » 20 Nov 2018, 19:15

New Dom is threatening this,If it's a '1st offence' can you be sacked? Depends how serious it is I suppose?

LaggyBand · Post by **LaggyBand** » 20 Nov 2018, 19:55

I’m sure you can. What matters is whether the employer acted reasonably in dismissing you given the circumstances. That decision is made by a dude who can’t really give you a definition of ‘reasonable’. He just goes with what he reckons could best be defended on appeal.

joewyan · Post by **joewyan** » 21 Nov 2018, 00:02

Bahia Feliz wrote:New Dom is threatening this,If it's a '1st offence' can you be sacked? Depends how serious it is I suppose?

Would need more information to be able to answer this for you. An accident generally shouldn’t result in disciplinary action but other factors could such as if you were in any way breaking the law at the time (speeding, mobile phone, no seatbelt etc)

Post by **Navalron** » 21 Nov 2018, 02:27

I'm ex MGV driver and never heard of anyone being sacked for having accidents. They used to take you off driving for six month as a punishment (loss of driving allowance) if you had 2 accidents in a year. Maybe it's changed but rep should be able to inform you. Probably you will be ok.

Postie45 · Post by **Postie45** » 21 Nov 2018, 06:03

"blameworthy" may be the key word here, if the accident was due to driver fault as mentioned above by speeding or phone then they probably can sack you.

Bahia Feliz · Post by **Bahia Feliz** » 21 Nov 2018, 06:03

It's not me thanks anyway,just the dom making threats!

citypostie · Post by **citypostie** » 21 Nov 2018, 06:36

I would say yes definitely. If you cause an accident and you've broken the law doing so I bet you'd have gross misconduct thrown at you straight away. I know someone who had ablameworthy and was taken down the conduct code. They was told they was lucky to get a 2 year serious warning and taken off driving for an indefinite period because it could have been classed as gross misconduct. I have no doubts they would have gone with gross misconduct now which they didn't years ago when it happened.

Post by **Navalron** » 21 Nov 2018, 11:39

Any driver breaking the law needs their heads examined anyway especially nowadays with Trimble and all the devices to check on your driving behaviour. But it's in the word, accident, and unless they were speeding, through red light which caused it then no they shouldn't be out the door. Anyway who's word are they going to take, the other party involved, aye right. They will soon have cameras on all RM vehicles in the very near future.

rehabron · Post by **rehabron** » 21 Nov 2018, 13:39

https://www.royalmailchat.co.uk/communi ... hp?id=7946" onclick="window.open(this.href);return false;

Newbie001 · Post by **Newbie001** » 21 Nov 2018, 15:25

Think people can misunderstand "blameworthy". Doesn't always mean driver breaking law as such. If you go into back of someone. Although blameworthy, still accident nonetheless. Need more details really.

postslippete · Post by **postslippete** » 21 Nov 2018, 17:08

Well I suppose if you were caught doing 60mph in a 30mph zone whilst talking on a mobile phone and eating a sandwich and a police car stops you, it wouldn't look too good for your DOM. Whereas if you perchance happened to bump into another car whilst reversing your van and it was witnessed I guess its a bit different.

louielouie · Post by **louielouie** » 21 Nov 2018, 17:14

all depends on severity of accident, but a few things to consider
1. has manager followed RTA procedure in terms of seeking an explanation and doing a proper interview and route cause
2. are you still driving if you are how can he sack you if you are still out on the road, if he has lost confidence in your driving then you should be off driving and explanation given
3. RTA process is not punitive and focus should be on coaching support etc