Car search

[Thunderbird]

Good points there Jaymo.

 

Depending on various things such as your contract, company policy, and length of service, you also have the right to appeal against a decision.

 

I still think if you would like to keep the job it's worth consulting a brief. At the very least give the ACAS helpline a call.

[rich1985]

Thanks so much guys, it is too late to get someone now for tomorrow I think, I am taking another employee as a witness though, the letter said it's a meeting to decide if disciplinary action should be taken against me. Do you think that means they could possibly sack me tomorrow?

[Jaymo]

Thanks so much guys, it is too late to get someone now for tomorrow I think, I am taking another employee as a witness though, the letter said it's a meeting to decide if disciplinary action should be taken against me. Do you think that means they could possibly sack me tomorrow?

In our Company there is a strict procedure to follow regarding matters such as this.

 

Without knowing yours ( and to its Legal status- A company can write what it likes but is still subject to Employment Law), then I would think this first meeting is to discuss their position on the matter, to which you can then address the non-adherance to the Search Procedure.

Would hope that even if they do decide to take matters further, that there is a tiered strutcture to follow i.e

Verbal Warning

Written Warning

Dismissal

So would hope its the first stage only

But, as said before. Not an Employment Legal expert

Edited December 23, 2014 by Jaymo

[poontang]

Thanks so much guys, it is too late to get someone now for tomorrow I think, I am taking another employee as a witness though, the letter said it's a meeting to decide if disciplinary action should be taken against me. Do you think that means they could possibly sack me tomorrow?

 

If they claimed that what you did was gross misconduct they could have sacked you on the spot. The fact that they didn't probably goes in your favour. The fact that they carried out an illegal search probably ties their hands a little too.

 

I think you'll be ok. Good luck with it, hope it goes well for you.

[Tim85]

As i see this, its firstly and most importantly illegal for anyone to search your personal property full stop. Which in the eyes of the law would more than likely make any evidence found in that search inadmisable and the case in a tribunal would be thrown out straight away.

 

Secondly unless you have breached H&S rules by not washing / using PPE before handingly other poultry then what is the problem here?

 

End of the day, they have broken the law, whether you have broken your companies rules or not!

[rich1985]

As i see this, its firstly and most importantly illegal for anyone to search your personal property full stop. Which in the eyes of the law would more than likely make any evidence found in that search inadmisable and the case in a tribunal would be thrown out straight away.

 

Secondly unless you have breached H&S rules by not washing / using PPE before handingly other poultry then what is the problem here?

 

End of the day, they have broken the law, whether you have broken your companies rules or not!

Yes I broke the rules but they broke the law, i did not handle the dead birds in my car whilst at work and I did not handle any stock at work on this shift, I did enter poultry units but did not handle any stock.

[Cranfield]

Before throwing any money at the situation, I would consider what I wanted to achieve.

If it was to keep my job, I would go to the meeting, explain my point of view (not aggressively), apologise for the presence of the pheasants and assure them it wouldn't happen again.

 

If I was still dismissed, I would then consider what I could achieve via an Industrial Tribunal, once again, before throwing any money at it.

 

Legal assistance is not cheap and the cost often outweighs any financial benefit you receive, principals cost money in our legal system.

[rich1985]

Before throwing any money at the situation, I would consider what I wanted to achieve.

If it was to keep my job, I would go to the meeting, explain my point of view (not aggressively), apologise for the presence of the pheasants and assure them it wouldn't happen again.

 

If I was still dismissed, I would then consider what I could achieve via an Industrial Tribunal, once again, before throwing any money at it.

 

Legal assistance is not cheap and the cost often outweighs any financial benefit you receive, principals cost money in our legal system.

This sounds very sensible,this is what I was thinking of doing, I have found other work already with a friend if the worst happens, I don't want to work there any longer but I don't want to be sacked and if I keep the job it gives me time to find something more up my street rather than the job with my mate.

[Bigbob]

Tell them you want to record it due to any further action you may take play the scare tatics card then admit mistakes where made on both sides

[Thunderbird]

 

If they claimed that what you did was gross misconduct they could have sacked you on the spot.

 

Actually that's a common misconception, but not strictly true. Provided someone has employment protection (i.e. been there more than two years etc) there is no such thing as an on the spot sacking.

 

Even in Gross Misconduct cases the employee is either allowed to continue working till the investigation and disciplinary meeting is done, or they have to be suspended on full pay.

[m3vert]

There is some good advice on here and some bad advice as well! Bottom line is if you are serious about wanting to keep your job you need professional help, sorry to say, but whilst PW massive are very helpful and sympathetic most are not qualified to give the advice you need. Go see a lawyer and take it from there. Good luck.

[Fisherman Mike]

Take heed of what Thunderbird says...he knows what he is talking about..its his profession.

Sounds to me like you are have an impasse with your employer and its six of one and half a dozen of the other situation..

You were obviously very naïve as to take potentially infected game to a food processing plant, that's a bit like smoking in a fireworks factory.!

They obviously didn't follow the proper security protocol.

I suspect you will get a smack on the wrist and a verbal apology.

Whether you have compromised your potential for advancement in the company remains to be seen.

I'm sure you are a pheasant plucker, and have been the victim of Fowl play, sniping about in the car like that..just plead ignorance and say you bought the car from the partridge family and two of them were still in the boot. Personally although you might grouse I don't think you have a leghorn to stand on, your goose is cooked they have you by the giblets and they will string you up like a xmas turkey. Not even Dan Quayle can pullet off. ....you might even get bird for this cock up..

[kdubya]

Its incidents like this that make those oh so nasty unions absolutely invaluable.

 

KW

[keg]

Take heed of what Thunderbird says...he knows what he is talking about..its his profession.

 

Sounds to me like you are have an impasse with your employer and its six of one and half a dozen of the other situation..

 

You were obviously very naïve as to take potentially infected game to a food processing plant, that's a bit like smoking in a fireworks factory.!

 

They obviously didn't follow the proper security protocol.

 

I suspect you will get a smack on the wrist and a verbal apology.

 

Whether you have compromised your potential for advancement in the company remains to be seen.

 

I'm sure you are a pheasant plucker, and have been the victim of Fowl play, sniping about in the car like that..just plead ignorance and say you bought the car from the partridge family and two of them were still in the boot. Personally although you might grouse I don't think you have a leghorn to stand on, your goose is cooked they have you by the giblets and they will string you up like a xmas turkey. Not even Dan Quayle can pullet off. ....you might even get bird for this cock up..

 

That's impressive! you've gone out on a wing to feather that one.

[rich1985]

Take heed of what Thunderbird says...he knows what he is talking about..its his profession.

Sounds to me like you are have an impasse with your employer and its six of one and half a dozen of the other situation..

You were obviously very naïve as to take potentially infected game to a food processing plant, that's a bit like smoking in a fireworks factory.!

They obviously didn't follow the proper security protocol.

I suspect you will get a smack on the wrist and a verbal apology.

Whether you have compromised your potential for advancement in the company remains to be seen.

I'm sure you are a pheasant plucker, and have been the victim of Fowl play, sniping about in the car like that..just plead ignorance and say you bought the car from the partridge family and two of them were still in the boot. Personally although you might grouse I don't think you have a leghorn to stand on, your goose is cooked they have you by the giblets and they will string you up like a xmas turkey. Not even Dan Quayle can pullet off. ....you might even get bird for this cock up..

 

Thanks mate, I laughed a lot at this, just what I need rite now! Been postponed untill the 29th now!

[subsonicnat]

The Trouble is:

If People like Defra etc, etc, get involved it could be a sticky route about animals being transported out of other districts.

Can you see where is coming from ??>..

Oh Lordy..

[Guest cookoff013]

Its incidents like this that make those oh so nasty unions absolutely invaluable.

 

KW

+ 1. you can say that again.

[Fisherman Mike]

Thanks mate, I laughed a lot at this, just what I need rite now! Been postponed untill the 29th now!

Good..

 

Don't take it too seriously...I know its your livelihood but my take on it is that if an employer cant show some leniency when you've made a genuine error of judgement...do you really want to work for them.?

 

I'm afraid I would, in a similar situation attend with an open mind and decide what my next plan of action is after the procedure.

 

Just brace yourself !

 

( sorry couldn't resist that one )

[Fisherman Mike]

+ 1. you can say that again.

Why so ?

 

If a mistake has been made and in breach of the employers regulations ...what can the unions do.? other than antagonise the situation and make things worse.

 

The time to get aggressive with possible Union interaction is when things deteriorate..

 

Going in now all guns blazing is just going to put the Employers back up.

 

Best to take some representation with you even if its an impartial witness to the proceedings...listen to what they have to say and then act accordingly...

 

Don't jump to any conclusions, don't agree to anything, and don't sign anything until you have had the opportunity to take advice and make a properly considered decision.

[Guest cookoff013]

Unions have access to free legal advice.

 

Just saying.

[Vince Green]

I have followed this thread with interest and have resisted saying anything till now but I now feel compelled to pitch in with the bad news. In reality they can do what ever they like, they can break every rule in the book and there is nothing you can do. There is no knight in shining armour to come to your aid

 

Nobody enforces employment law, the police won't and there is nobody else. You can take them to court which would take about two years and a huge risk, even if you win the settlement will be peanuts. Plus all the time you will spend visiting solicitors compiling a case etc. They will just write you a cheque for about ten grand and walk away laughing. Small change to them

 

Seen it so many times, we are back in the dark ages again.

 

Sorry

[Thunderbird]

I have followed this thread with interest and have resisted saying anything till now but I now feel compelled to pitch in with the bad news. In reality they can do what ever they like, they can break every rule in the book and there is nothing you can do. There is no knight in shining armour to come to your aid

 

Nobody enforces employment law, the police won't and there is nobody else. You can take them to court which would take about two years and a huge risk, even if you win the settlement will be peanuts. Plus all the time you will spend visiting solicitors compiling a case etc. They will just write you a cheque for about ten grand and walk away laughing. Small change to them

 

Seen it so many times, we are back in the dark ages again.

 

Sorry

[Fisherman Mike]

I have followed this thread with interest and have resisted saying anything till now but I now feel compelled to pitch in with the bad news. In reality they can do what ever they like, they can break every rule in the book and there is nothing you can do. There is no knight in shining armour to come to your aid

 

Nobody enforces employment law, the police won't and there is nobody else. You can take them to court which would take about two years and a huge risk, even if you win the settlement will be peanuts. Plus all the time you will spend visiting solicitors compiling a case etc. They will just write you a cheque for about ten grand and walk away laughing. Small change to them

 

Seen it so many times, we are back in the dark ages again.

 

Sorry

Crikey...I thought the grim reaper arrived in the final throes...

 

If what your saying is true the op might as well stick a couple of pennies in his eye sockets and go and lay down in the local cemetery.

 

I would be happy with 10 k

[Cranfield]

Crikey...I thought the grim reaper arrived in the final throes...

 

If what your saying is true the op might as well stick a couple of pennies in his eye sockets and go and lay down in the local cemetery.

 

I would be happy with 10 k

 

Would you be happy with 10k when your legal fees were 20k ?

 

Vince Green's comments are very valid, those that recommend rushing to Solicitors over every matter, seem to be deluded into thinking that they work for free, or that all legal costs are recoverable.

Nowadays a careful calculation of speculative benefit. against actual costs is highly recommended.

[figgy]

The Unions don't antagonise employers in these type of cases, they are however clued up on employment law. Sometimes the Unions advice is not what you want to hear if you've done something wrong,seen it happen to a few over the years in disciplinary's where the Union rep has said to the employee if you keep your job you'll be getting off light.

 

Unions have to work within the rules/laws.

 

 

I suspect in this case, it's either a witch hunt where his employer wants him gone or they have to follow procedure and a slapped wrist is on the cards, if its they want you gone give em hell if its a slapped wrist take it and move on.