Owl28

My dad has been sacked for crashing his wagon ( See members gallery " My dads little mis-judgement " ) Does anybody know if he can do that? He has worked for the firm for 12 months and the police at the scene are not pressing any charges at all. In the eyes of the police is was a freak accident, end of chat. In the letter my dad received from the boss of the firm he clearly states the accident as the cause for dismisal? Surely this is a case for the courts? Anybody?

Cheers

Steve.

ProperCharlie

the boss would have to prove gross miscoduct against your dad. basically, if you are employed to drive a wagon, the employer might claim a degree of negligence on the part of the driver for allowing the wagon to end up totally f***ed and upside down in a ditch.

however, i don't know whether or not this is enough to be considered gross misconduct.

Jamo

iTrader: (23)

did your dad have a contract of employment? was he in a trial period?

jamo

CEL

iTrader: (1)

Steve,

I don't know the legal issues associated with this but, If everyone that had an accident in a company vehicle and as a result was dimissed. There would be thousands of people losing their jobs everyday

I appreciate companies handle these things differently, but i can't see how an 'accident' can be classed as gross misconduct, They know as well as the next man that accidents DO and will always happen!!!.

I would have thought he's got a good case against them.

Chrisgr31

Citizens Advice Bureau! Far better place to get information.

Whether this can be done will be dependent on the terms of his contract etc. However it does appear to me that accidents are accidents and sacking someone due to having an accident could give cause to a claim for unfair dismissal.

Although if he has only worked there for a year I am not sure about compensation. Not convinced that photos of the driver grinning beside his wrecked truck help though

jjones

usually bloody useless.

Jamo

iTrader: (23)

hi again, just talked to a guy at work around this, he suggests you go here, its called acas, and they are the ones to talk to, I would also suggest you contact a employment solicitor.

hope that helps.

jamo

ProperCharlie

the relevant point is: did the accident occur due to circumstances completely outside the control of the driver, or did it occur because he overloaded the truck or drove carelessly? afaik cement lorries do not turn over all by themselves.

EddScott

A good few years agoI used to have a company vehicle and I had an accident which was blatantly my fault - wasn't paying attention and pulled out in front of someone. Caused a fair amount of damage and I suspect the vehicle should have been a write-off but the company got someone they knew to put it back together.

I received a written warning as it was my fault so any naughtiness on my part meant instant dissmissal but they didn't sack me.

Agree about the photo though - very amusing shot but not for the owner of the vehicle. Whats the company insurance policy like? if its had many claims the boss will be more inclined to sack those that crash although having a high claim record is in no way a reason to sack any one person.

ProperCharlie

commercial fleet insurance is a nightmare - drivers simply don't exersize the same care driving a company van or truck than they would driving their own car. insurers for these policies typically increase premiums in line with claims, and then add on their margin. i would think the cement incident will be worth at least £20k, so it's not surprising that the boss is not quite as amused as the driver.

Owl28

Thanks for all your input guys. Reading his contract my dad should have received a hand book when he started but never did. This would/should have in all the companies policies and procedures inc disciplinary procedures. None of the other drivers who my dad has contacted have a copy either! The wagon was fully loaded with 6m2 ( 26 tonne in total inc the truck ) and as mentioned in the first post the police are not investigating any further. MODS, am I still aloud to talk about this due to the case probably going to court??

Steve.

ProperCharlie

it won't be court, only an industrial tribunal. i should think it unlikely that either parties will wish to cite "messages posted on scoobynet" as part of their evidence

the fact that the police aren't prosecuting should be in his favour - i assume that the employer hasn't followed their own disciplinary procedures (as is nearly always the case), and so your dad should get something out of the tribunal.