Written warning/gross misconduct?

HI

i have been suspended on full pay from work.
I am a hgv driver and basically i shot a load......it was not my fault,i was waiting to turn right onto a major road,i waited until a van was aproching with his left indicator going,he slowed right down,anyway i edged out and then at the last minute he decided he wanted to go straight on so i had to break hard,my speed would of only been 5 mph approx but nevertheless the load shiffed.Now here come the criucial bit,we are ment to strap the last 2 pallets on the load......i did not do this and to be honest knowone does and the management say nothing.
The load only shot forward so by me putting the straps on would have made no difference at all.The only thing i did wrong was not to strap up so could i be sacked on this,apart from this my work record is very good,my managed who suspended me was gutted and he said he`d fight for my corner.I would of thought that maybe it could be delt with some king of written warning?
Answer:
As a Manager/Dispatcher, (among other duties), I can tell you that if your company wants to sack you on the technicality of not securing your load, they can. However, I would take into consideration your driving record, time with company, loyalty, cooperation, attendance, personality,etc., and sum them up into the final decision as to your status as a driver. I would think however that some disciplinary measure will be handed down probably in the form of being on the dock for a time to show others the importance of following procedure. Good luck, and show a good attitude, it goes a long way believe me.

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are you still gettting paid....also if they were going to fire you they would have already. They would not be paying you still if they were going to give you the boot.

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Check your terms of employment. Does it state anywhere that you must strap the last 2 pallets? If it does, then it is still down to your employer to prove that you didn't. The guilt lies with the company, not the driver. It is all down to them to prove that you were at fault, and how the hell are they going to do that unless you admit guilt?

Deny responsibility at all costs. Sign nothing. Wait for your company to sack you, and take them to a Industrial Tribunal for Unfair Dismissal, and get a hefty compensation too.

Even if you have verbally admitted that you didn't strap up, unless it is in writing, and signed by you, it wouldn't be accepted in a tribunal anyway.

Plead ignorance, tell them you had concussion, and can't remember the whole event.

I have loads of info regarding employment law should you need it. Let me know.

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They can't sack you without having a hearing at which you have a right to be accompanied by a Union person or work colleague, and then you have the right of appeal if they decide to dismiss you on the grounds of gross misconduct. As you say, you know you did not follow company procedure, so you won't be surprised if they find against you. All you can do is argue strongly and politely as you have done here and hope that your good record and the fact that others also fail to strap up will get you off with a written warning.

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Hi Neil,

At this time you seem to have done all you can. You should note that not strapping the last two pallets is custom and practice in the company. Hold this thought.

There are minimum requirements for a grievance procedure these can be found in ACAS Code of Practice 1 Disciplinary and Grievance Procedures.

Good luck