#Employment : Final Written Warning...

[daarab]

Hi All

I work for a bus company in East Scotland.

20 drivers were given driving assessments, and around 16 of them were given poor ratings, I was one of them.

The reason we were given assessments was because we are apparently in the top 20 of drivers who's had the most accidents in the last 5 years, we were all marked poor on pulling away from bus stops without doors being fully closed, a thing which 99% of bus drivers do.

We have all been given Final Written Warnings, most of us not having anything on our record, and have not been disciplined for previous accidents, I myself have had 3 fault accidents, although 2 of them will be questioned.

These assessments were done without our knowledge, and we feel we have been targeted, The union are appealing all the FWW, but we feel they are about a much use as a Chocolate fireguard.

Thanks for any advice.

[postggj]

i cannot understand these waRNINGS

 

IF YOUR EMPLOYER FEELS YOU ARE NOT UP TO SCRATCH THEN IT IS THE EMPLOYERS RESPONSABILITY TO OFFER MORE TRANING, NOT DISCIPLIN

 

THE MOST YOU SHOULD EXPECT IN THIS CIRCUMSTANCE IS A DEFENSIVE DRIVING COURSE OR A DRIVE TECH COURSE

[daarab]

Also what I need to find out is:

1> The company targeted 20 drivers because of their accident record - Is this a form of victimization or harassment.

2> I asked to see the cctv, but it wasn't working, but they say i'm still being disciplined on the word of one assessor, anything I can argue on this point.

 

Again any help is appreciated.

[teaboy2]

Also what I need to find out is:

1> The company targeted 20 drivers because of their accident record - Is this a form of victimization or harassment. No, if it was just you then you might have had a claim for victimization. As for harassment, certainly not. Not what you wanted to hear i know, but i do have more to add, that you may be pleased to here below.

2> I asked to see the cctv, but it wasn't working, but they say i'm still being disciplined on the word of one assessor, anything I can argue on this point. If you dispute the findings of the assessor then you can within reason ask for a second assessment by a different assessor, on the grounds that as their is no independent evidential prove to back up the assessor claims. i.e. broken CCTV, which is failing on the companies part to honor its commitment to the safety of its drivers but more importantly to the general public, then it is nothing more than your word against the assessor. Unfortunately as its not a court of law then they can base their decision on grounds of probability, which i suspect their view is that as you had 3 accidents in the past, then the assessor is telling the truth. Though is it reasonable to say 3 previous accidents in the past make it likely that you did pull away from bus stop without doors being closed? i think not, especially when just about all bus drivers do that to some extent.

 

Again any help is appreciated.

 

As for the final written warning, on what grounds was this issued i.e misconduct, gross misconduct? Do the company see such thing as being an act of gross misconduct (check your employment hand book as it should state what they deem as gross misconduct) If not and if you have had no previous written warning then they should not be issuing you with a final written warning.

 

Also as said a both, if its not a matter of gross misconduct, then it is not a disciplinary matter, but a matter of providing training to you only, such as a refreshment course for example.