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driver investigation question

Started by Gene of the lamp, 24-03-23, 06:55PM

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Gene of the lamp

Good evening all,

not been on here for some time but hoping you can answer a quick questions for a colleague please?
Has been asked to attend an investigation meeting regarding not following protocols however training this person received when they started was what they followed.
Basically they left the van parked on the bay with the sides up to allow the next driver to load up for next run - this is what they were shown to do when in what little training they had, what they've always done and what everyone else does everyday.
There is a question of bullying from the team support that has raised this as there has been a previous informal conversation about their treatment of my colleague.

My question is can they be sacked for this as it seems to be normal protocol by every driver and would a counter complaint regarding bullying be appropriate as they seem to be targeting this individual about petty things?

Many thanks in advance for any responses  :) 

lucgeo

No and yes.

I don't know the rules or any recent training for van drivers, so I'm answering on what you've stated.

No...they can't be sacked if they are following the training they been given, and the other drivers are all doing the same  ??? Instant dismissal is only usually for gross misconduct!

Yes...they can place a grievance against this manager for bullying! It will be dealt with separately from the investigation, however it will hold in good stead if it is shown in the investigation that it is common practice by all drivers and they are being singled out!

I would urge your friend to take a union rep (if a member) or a trusted colleague who will be there to witness what is said and take notes.
Live for today. Learn from yesterday.

kaled78

our vans are often left during the day and over night in the bays with the shutters open on the sides,nothing is ever said

Sherwoodforest

To be honest,sounds like common sense to shut van shutters overnight,who knows what bugs,rodents could get in,instant dismissal no,dismissal?depends what other stuff they may have
Tesco Finest Karma,best served bent over💩

Redshoes

I have not had anything to do with dot.com in a few years but my understanding was that the shutters were left up to show that there were no good left in the vans overnight. A security thing.

Gene of the lamp

Many thanks for all your replies, been very helpful, grievance letter has been submitted this morning.

gomezz

#6
It used to be that shutters were left open overnight especially on chiller and freezer to prevent condensation and mould.  Now shutters are closed overnight to stop rats and magpies though a small vole could still get through the drainage holes which are about a tuppeny bit across.

Rule of thumb now is shutters closed on loaded vans and parked up empty vans.  Vans on bay waiting to be loaded can have their main shutter open while chiller and freezer doors are shut as plugged in to maintain cold temperatures.
"The progress of the kart is more important than its direction"

hesketh

It is up to the "manager" to produce training records that show that your colleague has been trained to do something different to what they did.

If no such training record is available there is no case to answer.
Don't take life too seriously, no one has ever gotten out alive!

gomezz

They will find that difficult as there is no hard copy of the training ever given to the drivers to back up what the trainer may or may not have said.
"The progress of the kart is more important than its direction"

Redshoes

Quote from: hesketh on 25-03-23, 03:22PMIt is up to the "manager" to produce training records that show that your colleague has been trained to do something different to what they did.

If no such training record is available there is no case to answer.

Not all changes have corresponding training updates. Sometimes it's just briefs handed out to Depts.

hesketh

@Redshoes

Then they will be able to produce a copy of that brief and prove that it was given to the driver.
Don't take life too seriously, no one has ever gotten out alive!

Redshoes

Who knows. There are constant briefs coming down. I'm not a dot.com manager and I have had nothing to do with dot.com in years. An investigation is an investigation, it's not a disciplinary. If colleague did not know about a change, they just need to say so. If they want to spend lots of time that nobody has on a big investigation about if someone was aware of a change that was probably briefed out in a team 5 then it's a sad state affairs. It could be that there is more to it than this but if not I fail to see the value of an investigation, a brief word and dept brief is all that is needed.

hesketh

#12
Agreed. This all sounds greatly over the top for such an easily resolved issue.

In my experience these apparently trivial investigations and disciplinaries usually have an ulterior motive or a personal slant. We have only half the story, as usual.
Don't take life too seriously, no one has ever gotten out alive!

Gene of the lamp

UPDATE

Investigation dropped due to this being a practice carried out by all staff.

Whole thing was a farce but I guess the management have to give justification for what their purpose is.

gomezz

So are all drivers now being briefed to change this practise from now on?
"The progress of the kart is more important than its direction"

lucgeo

Quote from: Gene of the lamp on 28-03-23, 02:52PMUPDATE

Investigation dropped due to this being a practice carried out by all staff.

Whole thing was a farce but I guess the management have to give justification for what their purpose is.

Would this be after the grievance was placed  ???

I'm guessing that the TS has been caught singling out this colleague...on no account allow the grievance to be dropped with a verbal apology from the TS as it won't go away, and they'll just be on their case more.
Plus if it's not official, a pattern could quickly develop whereby the colleague is unfairly classed as "difficult " by the TS which quickly becomes accepted as common knowledge amongst all departments!

A record of bullying will stop the TS from discussing it further and practising selective discriminatory behaviour in future!
Live for today. Learn from yesterday.

NightAndDay

Tesco has no formal process for reasons for why an investigation is opened against a colleague that is later dropped, even in head office.

This is likely to legally protect themselves from activities such as singling out, the closest thing you can do is to document that an investigation did take place (correct documentation practices should have investigation letters from a closed investigation in the personnel file, but keep any records from your own case.) And keep a record and documentation of the singling out behaviour.

When you have enough documentation of the singling out, raise a grievance again armed with the documentation, competent management would then investigate and discipline the TS, if this fails though, ACAS will help remediate, the documentation you'd accrue can also be supporting evidence in a legal case if it goes to court.


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