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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi. Last november I was involved in an incident with a pedestrian

Resolved Question:

Hi. Last november I was involved in an incident with a pedestrian while at work. The pedestrian was crossing at a junction as I was turning into it, I was unable to avoid him and clipped him knocking him to the ground. I stayed with him for 20-30 mins until he said he was ok and went on his way, after saying that he would not take matters any further. He has now after 2 months decided to claim for injury caused by the incident and I am now awaiting a disciplinary hearing for gross misconduct as I never reported the incident to the company or the police at the time of incident. I feel certain that I will be dismissed. Can you advise please. Kevin Davidson.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have yo worked there for?

Customer:

I have worked for the company for around 3 years and 7 months.

Ben Jones :

was there a specific requirement on you to report such incidents?

Customer:

Yes it is company policy to report incidents.

Customer:

I admit that I was wrong to not report the incident, I am not disputing that, but would it be classed as gross misconduct? To me it seems a bit extreme.

Ben Jones :

does the policy state that i can be treated as gross misconduct?

Customer:

Not that I can see.

Ben Jones :

have you been told dismissal is now an option?

Customer:

In the letter I recieved it states could lead to dismissal.

Customer:

I am looking through the company procedures manual now and it does not state anywhere that I can see that non reporting of incidents is gross misconduct, only disciplinary action.

Ben Jones :

It’s a difficult situation because he law does not list what can amount to gross misconduct and it is generally left for an employer to decide that, based on the seriousness of the incident and any relevant policies in place. The good news is that you are protected against unfair dismissal so the employer will have to justify any such decision as being reasonable in the circumstances and something that a reasonable employer would have done. In your particular case, you may of course defend the allegations by putting forward any mitigating factors, such as the fact you did not report this as you did not believe it was serious enough considering the fact the person said this would not go any further. You should admit responsibility for not following procedure and apologies showing remorse, but at the same time point out that dismissal would be disproportionate in the circumstances. Whilst dismissal could not be prevented if he employer decides to go for it, you have the right to appeal once the decision has been taken and if necessary you may also consider an unfair dismissal claim in the employment tribunal to challenge this.

Customer:

The thing is I have been involved in an employment tribunal once before and I know that is a very stressful procedure that runs for a long period. At present I am already stressed out to the limit and am not sure I can handle going through this. I handed in my notice on friday and am happy to just see out my notice period which runs till 6th march. But they still want to proceed with this disciplinary.

Ben Jones :

if you have handed in your notice it does not prevent them from proceeding with a disciplinary unfortunately. You may be able to try and compromise with them and say that you are obviously leaving and that it would be best for both parties if they just allowed you to leave rather than drag this though the disciplinary process but they can proceed with it if necessary

Customer:

What happens if I don't turn up to the disciplinary?

Ben Jones :

they can make a decision in your absence if necessary

Customer:

Tbh I'm pretty sure of the decision will be dismissal. Therefore I feel very reluctant to travel a 200mile round trip to hear this. Shiuld I just carry on with my daily duties as normal on that day?

Ben Jones :

I can't advise on whether you should attend or not, this is a decision only you can make, but they can proceed with the dismissal in your absence if you unreasonably fail to attend

Customer:

Ok thank you for your advice

Ben Jones :

you are most welcome and all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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