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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 2376
Experience:  Owner at James Bruce Solicitors
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I work for a company that involves driving a lot and I’ve

Customer Question

Hi. I work for a company that involves driving a lot and I’ve had 3 accidents (2 of them in the work car park) one of them I hit a flower pot which was in my blind spot... The first was in may, second was in July and the 3rd in august.
The company has now recently randomly set up a hearing about all the above accidents and after the hearing, the risk manager feels I deserve a final written warning which I don’t agree with as it was just accidents. I have appealed the warning as advised by the company on how to if I’m not happy with the decision. The area manager refused my appeal as he believes it was a fair decision as I could have apparently avoided the accidents. I could forward you the written warning as well as my appeal letter but for now I just need some advice on this as it is not good for my health and it’s making me depressed.
Submitted: 12 days ago.
Category: Employment Law
Expert:  james bruce replied 12 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 12 days ago.
Hi James, am I right in saying I’m being untreated unfairly here?
Expert:  james bruce replied 12 days ago.

Very sorry to hear this.

Unfortunately, the employer would be entitled to hold a disciplinary hearing if any employee has even one accident, no matter how small.

You have had 3 accidents in 4 months. So sorry to say, but the hearing would under the circumstances be fully justified.

You say one was hitting a flower pot, but do not say what the others were. If they were all as minor as that, then a final written warning is harsh but not legally wrong. I would have expected a written warning for something minor. But if the other accidents caused more damage, then a final written warning could be considered appropriate. Very sorry to have to say that.

Expert:  james bruce replied 11 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.