Employment Law
 

forgive me posting regarding negative issues, however i am aware that there is a mulitude and diversity of experiance amonst the users and members of this site, and hope for some help.

the relationship i have with my employer has been going downhill a bit since disclosing to them being summoned for speeding offence which will probably result in a period of disqualification.
disclosing this ofence produced a written warning
having had two minor accidents in the company car in a short time, (couple of monthes), i get a second written warning.

not sure this is exactly poor performance, or would qualify for such a warning? or if it is acceptable for employer to expect me to pay increased insurance premiums.

also not sure that if they dismiss me becasuse i get a disqualification, whether they have to pay me notice?

I need to clarify a few points with someone who is knowledgeable in this areana.

can anyone recommend someone??

on the positive
Bungi junior is due any day now, behold the joys of parenting:bouncy:

Bungi, unfortunately, I'm out of the office (into London for another course) for the next couple of days.

When I get back to my office, I'll check out the legalese on some of this for you.

Any of the perfomance issues and damage to company property you have raised in your post, could (and should) be covered in your contract, and therefore your actions could be deemed in breach of contract.

In the meantime, do check out your contract & terms of employment thoroughly. If you work for a reasonable sized company, it may be worth having a quiet chat with somebody from HR.

Hope to be able to comment later in the week - unless I get beaten to it. Sorry if not constructive at present.

C :)

First issue is, how long have you worked there? If less than a year, Employment law doesn't offer much protection. (Depending on the seniority of your position, though, your contract may afford you additional protection). Secondly, if a year +, check the terms of your contract. If driving is a requirement for your job, you may not be able to perform your duties properly and thus be unable to fulfill your contract. Thirdly, what is their discipline procedure? They should adhere to it. I agree with CK. In your position with a sprog on the way, a chat with the HR officer, if you have one, may diffuse the situation and get the employer feeling a bit more sympathetic towards you. If you want a recommendation for a good employment law firm, U2U me for details.

Good luck.

ive been with employer 2&1/2 years, small but growing company, which i have been very significant in the growth and development of and where i currently hold a management position, no HR dept.
disipline procedure infers hearing, Ive never had any hearings, just a couple of sit down "NAH NAH I shall be issuing you a written warning" however disipline prcedure also kinda infers that if serious they dont have to do the hearing thing.

another concern of mine is that contract of employemnt states that on termination of emplloyment i cant work for any company in the same field within a 50 mile radius for 6 monthes. Is this enfrorceable? as it seriuously limits my alternative employment options.

id be glad to email copy of company staff handbook and contact of employment if any one in HR can help out by offering me their guidance. otherwise would be happy for a reccommendation of a good law firm.

thanks

If you are unable to perform your duties without driving then you could be on sticky ground. As CK and Ruth say, check your contract of employment and it should say clearly in there whether it is or not. As to restricitive employment contracts it is debateable whether these are enforceable or not as they can be construed as too restrictive by the court on the individual, but it is a matter of interpretation. Being instrumental in the growth fo the company could sway things in your favour, and if you have, and areimportant to the future of the business surely the employer would want to keep you!!! I'd possibly be asking some questions as to what the real reason for these warnings are. I know that dismissal procedures changed from 1st October, so these may be in line with these. I'm no lawyer, but it may be worth investing a little time with one, but make sure that they know about employment law!!

Sorry to hear your probs Bunji,

I can't help with your overall problem but can help on your last question.
I'm not a lawyer and I haven't studied law beyond a couple of basic courses I was made to take about a decade ago. However, one of the few things that did stick was that you cannot enforce restriction of trade clauses.

One of the areas specifically highlighted was that distances are almost never enforceable as they can almost always be proved to place a restriction on your ability to work. 50 miles (which is basically sending you into the next county) is definitely too restrictive and the clause would be thrown out. There's a bit more detail here (albeit approaching it from the point of the employer).

http://jobs.managementconsultancy.co...protecting.jsp

Hope it all works out for you and best of luck with Bungi junior.

cheers,
Chi

Bungi, I think you will find that if it is THEM who make you unemployed for whatever reason, they have little chance of enforcing the no work within field clause. Most employment tribunals will see this as a gross restriction on your ability to work especially as you did not leave voluntarily.

Just a thought:

Would it diffuse the situation if you were able to assure your employer that you would take on a 'chauffeur' (relative, friend, student) if a ban materialised and you had to get about? Either you swallow the cost, or more hopefully your employer helps out.......

I must admit that, from reading the post, it sounds as though there may be other underlying issues coming to the fore ..... an informal chat to the 'boss' might clear the air.....

good luck

For one you need a contract of employment within 60 days (I think) everything should be defined within that document, if you haven't got a contract of employment, your employer is breaking the law, I would check your contract, if you have one, and see what the disciplinary process is, and if your motoring offence would come under part of your contract.

I know an employment lawyer, so if you need their number let me know, I'm sure they could help you.

Bungi, I was thinking on the way home on the train tonight:

You will need to consult a legal expert in this, I regret.
Every aspect can be deciphered in a different way.

IF your contract & terms of employment makes provision for termination of employment, should you become disqualifed from driving - the company may be able to dismiss you without even giving one warning (we sadly lost an employee over this, last year).

If there is no provision regarding this, it could still be construed as gross misconduct - and even abusing company property!:o

On a lighter note, if not able to drive for long (say 30 - 60 days), and work are happy with the rest of your employment, you could be retained in the office for this time - but put on a 'suspension' period when your licence came back. This would mean, any further infringement of the same type, would result in immediate dismissal.

PLEASE see an employment specialist asap, with all the relevant paperwork - at least for a one-off consultation.
Contact Red Ruth.

Charlotte

ps: JP - contracts need to be presented by employer by the time you have completed 30 days employment.