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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a disciplinary at work for careless driving because

Resolved Question:

I have a disciplinary at work for careless driving because a member of the public states that I crossed the solid white line onto the hard shoulder on a dual carriage way, I say i was in total control of my vehicle at all times and consider I was not driving carelessly. What can help to resolve this issue
Submitted: 3 years ago.
Category: 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. what are you employers saying to you

Customer:

They are claiming I was driving my vehicle inappropiatly

Ben Jones :

Ok can you leave this with me please I need to give you the best advice on this I have a meeting this afternoon and will be able to get back with a response by early evening,

Customer:

I was being followed by a van who over took me, pulled in and then pulled out behind me, I crossed the white line yes but purely to see what this van was up tp, I was a little woried

Customer:

I am off gto work at 3pm

Ben Jones :

ok you don't have to wait around I will email you thanks

Customer:

many thanks

Customer:

Am I building up a bill with further questions to you

Ben Jones :

sorry no you just pay the one of payment I will get back ASAP. thanks

Ben Jones :

Many thanks for your patience. Just before I finalise my response, can you please confirm how long you have worked there for?

Customer:

Sorry for the delay. I have been with the company since 2008.

Expert:  Ben Jones replied 3 years ago.
Great, thank you. Alleged misconduct, such as in this case, is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time.

In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
• Conducts a reasonable investigation;
• Follows a fair disciplinary procedure; and
• Shows they had reasonable grounds to believe the employee was guilty.

In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:

1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.

3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.

If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal, which hopefully it won’t, then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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Expert:  Ben Jones replied 3 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?