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How successful are Appeals against being dismissed for gross misconduct?

Category: Law & Legal

Karen SKaren S


I was dismissed from work for having an accident (I am a bus driver)

No one was injured and there are no personal claims. I misjudged the width of my vehicle and caused damage to the bus and the car is a write off. At my disciplinary hearing, my employee record (which is clean) and my driver assessments (which have all be 90-100%) were not even taken into account before making the decision to dismiss me. I feel the decision is very unfair, seeing as I have a 10year good driving record and I have always done everything to help the company out.

I am awaiting my appeal date, but just wondered if anyone thinks I will be successful by asking them to review my clean record of driving, and to ask them if a refresher course would've been more appropriate that dismissal? I do have a union rep coming in with me, however, I do not have the chance to speak with him until the day of the appeal.

I am also tempted to tell them that I am the sole earner in the family, and I support my wife and 3 children, plus we have a baby on the way in October. Is it worth mentioning this to see if they have any compassion?

Any advice/info would be very much appreciated at this stressful time!

douffuss
douffuss

In today's economy with the limited funds for the education system, I'd almost think that you're more a product of the meltdown. People with write-ups will be 1st in line for downsizing and dismissals and if they rehire for your position, it'll be someone that won't be paid nearly as much as your current salary. Also, there may be stipulations in the bus-driving policies that ensure that all drivers are accident-free. Just my opinion, mind you.

I'm concerned that the appeals attorney will not be meeting with you until your day in court...can you not seek another? Or, at least, communicate with him/her before the date?

Good luck, and sorry to hear of the problem. Glad nobody was hurt.

never_say_never
never_say_never

If you are being sacked for "gross misconduct" then I would say you have a good case. The employee records they keep and the regular assessments of your driving should be the basis of whether or not you are suitable for the job, not one isolated incident in a ten year career.

starlight
starlight

Firstly ... your very lucky that nobody was hurt, if you have a 10 yr good driving record WHY did you misjudge the width of your vehicle???

they will not worry about your family or your children im afraid, you have caused a lot of unecessary damage to 2 vehicles, and im sorry to sound harsh but your going to be sacked

ivedoneitagain
ivedoneitagain

Usually an appeal will just support the original verdict.

However the first thing you need to do is discuss this with a specialist such as a union rep, citizens advice, or see a solicitor.

Discuss with them the accident and your disciplinary hearing and let them be the judge.

Ensure that your work record and conduct is mentioned and that you think that they have victimised you because:- "4 other drivers have had worse accidents than me, and actually injured someone. 2 of those were dismissed and won their appeal on compassionate grounds and 2 of them were only given a warning with a weeks refresher course".

Ask why have you been treated differently?

Good luck.


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