Success after being dismissed as a driver

[Jblat]

My partner has been fired from his role as a driver. Does anyone know if any drivers have been successful at their appeals??? He is devastated and fears he will never get a role after being fired.

 

[LRV3004]

It would depend on the severity of the offence. Also, is your partner a union member, and if so, does the union rep believe there is a realistic opportunity your partner can get their job back? If the rep believes your partner was dismissed unfairly then there’s every chance your partner could win an appeal.
Things like previous record will be looked at as well to see if there’s mitigating circumstances, but if your partner’s record isn’t great, chances of success are slim unfortunately…..

 

[Jblat]

It was gross misconduct (using a device listening to music). He could prove he was not using it for any contact at all (texts and calls). So many of his colleagues use their phones. His record is exemplary and he is not a young man. Driving is his dream and he knows it was his error completely. The appeal union rep is on his holidays currently.

 

[NSEWonderer]

Assuming he was using a device whilst operating the train then it may be pretty slam shut case especially if they had an earpiece on.

As far as I know, most tocs will have digital device policies that outline what happens once you're in the cab and the master key is switched on. They may not even have to prove he was listening to music but that the device was on and unlocked during travel.

 

[llimma]

It was gross misconduct (using a device listening to music). He could prove he was not using it for any contact at all (texts and calls). So many of his colleagues use their phones. His record is exemplary and he is not a young man. Driving is his dream and he knows it was his error completely. The appeal union rep is on his holidays currently.

This is train driving were talking about right? I'm concerned about the comments over his colleagues if they're driving mainline too.

But I think it would be highly unlikely to get back into the driving grade after doing that.

 

[Jblat]

Assuming he was using a device whilst operating the train then it may be pretty slam shut case especially if they had an earpiece on.

This was during prep time and he can be seen placing his phone away before starting a run.

 

[NSEWonderer]

This was during prep time and he can be seen placing his phone away before starting a run.

Hmm could be a chance but I'm guessing they'll lean on the fact the key was in the master switch and most likely in the on position.

Prep is a pretty important phase.

The Union rep however will most likely have some more idea on this, if he's had a clean record up to that point then there could be a case.

Question is if it goes on the SOL form, Drivers may know more if so on here.

Assuming it goes on a SOL then yes it will definitely affect applications onwards as a Qualified assuming he's kept the license.

 

[Jblat]

Hmm could be a chance but I'm guessing they'll lean on the fact the key was in the master switch and most likely in the on position.

Prep is a pretty important phase.

Thank you so much. I think we will prepare for the worst.

 

[NSEWonderer]

Thank you so much. I think we will prepare for the worst.

Run it through the Union first and see what the odds are.

 

[Tazi Hupefi]

I'd imagine driving days are over, although I'm surprised he has been dismissed - unless he has prior incidents, warnings etc or he has tried to hide/downplay the incident, it seems a harsh sanction.

If he has gone in there trying to justify it by claiming his colleagues all do the same etc, then that is definitely not the correct approach and could tip the balance into dismissal. Disciplinary hearings are looking to hear that there is total acceptance of wrongdoing, not pointing fingers elsewhere etc. These disciplinaries often go seriously wrong when the union rep and employee try to make out that the company is overreacting and looking for loopholes etc

I suspect the best that he can hope for, if he wins his appeal, is a permanent reduction in grade and salary. There are quite a few former drivers now working in ticket offices or administrative roles either through sickness or incidents - but it would be exceptionally unlikely that he will be driving again.

It will be an operational incident on his record.

May be worth approaching West Coast Railways in Carnforth who do have zero hour freight/charter drivers who come from a chequered past, but he would need locomotive experience.

 

[AverageJoe]

Does the company have a driving policy in addition to the rule book? Some TOCs allow a device on in cab up until a few minutes before departure.

Also without being rude although other than this his record is clean, is he one of those that is considered a ‘problem’ by management?

If that is the case this may have been an opportunity for them to move him on as it does seem a bit of a strong reaction if what you say is true.

 

[Horizon22]

I'd imagine driving days are over, although I'm surprised he has been dismissed - unless he has prior incidents, warnings etc or he has tried to hide/downplay the incident, it seems a harsh sanction.

If he has gone in there trying to justify it by claiming his colleagues all do the same etc, then that is definitely not the correct approach and could tip the balance into dismissal. Disciplinary hearings are looking to hear that there is total acceptance of wrongdoing, not pointing fingers elsewhere etc. These disciplinaries often go seriously wrong when the union rep and employee try to make out that the company is overreacting and looking for loopholes etc

I suspect the best that he can hope for, if he wins his appeal, is a permanent reduction in grade and salary. There are quite a few former drivers now working in ticket offices or administrative roles either through sickness or incidents - but it would be exceptionally unlikely that he will be driving again.

If it was done as gross misconduct though that's it; goodbye, leave everything here and there's no negotiation after the judgment.

The only hope is to appeal and lessen the charge.

We must take everything the OP has said at face value, but for me it seems rather extreme too unless there were other circumstances. There is of course the company's side of the story that we do not know.

 

[EZJ]

Where was your partner when they were prepping the train? I'm assuming a depot or sidings, either way it's important safety critical work and sadly the use of any device whether it be for calls,texts or listening to music is just a big no no and would certainly be considered as gross misconduct. I'm not so sure either that "so many of his colleagues" are using their phones, it's such a known reason for getting the sack that in my 20+ years driving I've only seen it once and every driver I know and that's a great many just switch their phones off and would never consider using them. I'm sorry but I don't hold out any hope in this case.

 

[PupCuff]

Question is if it goes on the SOL form, Drivers may know more if so on here.

Assuming it goes on a SOL then yes it will definitely affect applications onwards as a Qualified assuming he's kept the license.

There would have to be some very dodgy dealings going on in the background for that sort of thing to not go on their safety record!

From a practical point of view, it's reasonably common for dismissals to be reduced to final written warnings on appeal, even for very very serious things, but the person involved should take appropriate advice on how to present their case.

As for getting another job as a Driver I don't think it's impossible, there are operators out there who are less 'choosy' shall we say, but for the majority of operators this incident will be a perfectly justified red flag.

 

[transportphoto]

Given the extreme nature of what is reported to have happened here, I don’t think the Forum is in a position to be able to offer much support or guidance.

I’d echo thoughts of making use of the Trade Union representation to guide any appeal.

With that being said, I’m going to lock the thread. @Jblat - if you’ve any specific updates or any specific questions you feel the forum may be able to assist with please reach out to us. You can either use the “Report” function or reach out to the Forum staff via Conversation.