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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have same timber copany at various jobs

Customer Question

I have for the same timber copany for 40years at various jobs and have only had 4 weeks sick and no disciplinary occasions in that time. I am a forklift driver loading lorries and in the l oading areas should be cargo steps to enable people to secure their loaded vehicles or adjust chocks which are used to stand packs of timber onto loads.The steps in my area have been missing for at least 3 months and are somewhere else in the yard.This has been reported onseveral occasions at our weekly health and safety meetings but as yet no replacement are available.O nthursday night nwhilst loading a lorry with2 large and a small pack of timber I loaded 1 large pack and the other driver loaded the other large pack on the opposite side of the lorry I then picked up the smaller pack which was to go on top of the other two in towards the center of the lorryt load.the driver indicated hw wished to move the chocks and as trhere were no cargo steps I thought the only safe way to do this was to lower th pack onto the floor level and the driver stood on the pack and then I lifted him half meter into the air to enable him to reach chocks.he then wanted chocks further on to lorry center and climbed onto the lorry bed and then adjusted chocks to suit. he then climbed down onto the pack and onto floor without me moving the pack. I thewn lifted the pack to load onto the lorry and unfortuanately damaged the side rail on the lorry. I went and reported the incident to my line manager who came and took pictures of damage.On Friday morning at 7 . 30 I had to make a statementand then continued doing my job until at 12.30 my line manager came and told me I was suspended and was sent home.i am now awating disciplinary and possible dismissal for allowing driver onto pack of timber,lifting him off ground level and damage to company vehicle.the damage was minimal and the driver took out and delivered load Friday and was suspended when he arrived back in the yard.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 2 years ago.

hi jenny, I have worked there for 40 years and have been this afternoon to a disciplinary hearing and after the meeting i have dismissed immediatelythanks bob

Expert:  taratill replied 2 years ago.
Hello you should appeal against the dismissal on the grounds that it is not within the range of reasonable responses for you to have been dismissed especially when your employer was aware that the equipment was not available for you to do your job properly.
In the event that the decision is not overturned you should contact ACAS early claim conciliation www.acas.org.uk/earlyconciliation and then raise a claim in the employment tribunal. On the basis of what you have said you have a strong claim for unfair dismissal.
If you have worked there 40 years and you believe that this could also be to do with your age you can also claim Age Discrimination.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Jenny,would it be possible to speak on the phone as I am insulin dependant diabetic and a2 years ago I had a hypo at work and for a year was banned from driving my forktruck and my life was made a misery by staff who kert saying are you ok, have you had a break and you cannot do this and that as you are diabetic.eventually after a letter from my doctor I was allowed to return to my duties but they were restricted and I was not allowed to work overtime in case you have another hypo thanks bob

Expert:  taratill replied 2 years ago.
I have already made an offer to do so. If you accept that offer I will give you my details and we can discuss tomorrow.
You may also have a case for disability discrimination.
Expert:  taratill replied 2 years ago.
details below

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