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Can someone give me some advice regarding a situation with my dp at work?

17 replies

SilveryMoon · 09/09/2010 13:00

Dp works for Network Rail and as he drives into the depot, there is a level crossing he goes over every day.
3/4 months ago, dp went to work as normal, drove over the level crfossing and there was a train coming.
there is no gates at the crossing but there is an alarm and flashing lights.
They turn the horns and the lights down lower over night, so when dp drove in at 7am on a summer morning, he said the lights weren't flashing and there were no alarms ringing so he carried on as normal.
He said the train was aboput 100 yards away.
When he got into the depot, he went straight to the office to report it.
They said they'd get out there the next morning and take some pictures and have a look.
the next morning was quite overcast, so the natural light was different and apparently the lights were working fine.

It is the first incident that dp has been involved in.
Nothing happened, but they said they will probably have to issue a written warning.

This morning they told him he was to attend a meeting later today about the incident, which he has just done (with a union rep) and he has been told the reports are being sent to a higher boss and he should find out next week what they will do.

The union rep said to expect the worst.

Surely they can't sack him after all this time? He has continued to work on the tracks as normal, but surely if they suspected he was a risk to himself or others, he should have been suspended pending an investigation?

Could they fire him 3 months on, without prior action?

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flowerybeanbag · 09/09/2010 13:04

You are absolutely right. Assuming they knew about it immediately, they can't suddenly decide three months later that actually they want to sack him over it.

Why has it taken so long to get to a disciplinary meeting if this happened so long ago?

If his record was clean previously and they thought this was such a serious issue they needed to sack him, he should have been suspended immediately pending investigation.

You can sack people straight away without prior warnings for gross misconduct, but that basically means something has happened that's so serious that it makes it impossible for the employment to continue. Clearly they are happy for him to carry on working as they have allowed him to do so, so if they sack him straight off with no warning, he should appeal it.

BellasFormerFriend · 09/09/2010 13:04

What are they sacking him for? I can't see that he has done anything wrong has he?

SilveryMoon · 09/09/2010 13:09

Thanks ladies.
Bella No, I don't think he did anything wrong unless he drove over the level crfossing knowing a train was approaching which would put lives at risk (his) and traumatise the driver.
he obviously didn't do it on purpose and reported it straight away which should tell you that it wasn't intentional.

The union guy did ask why it had taken so long,but they were told the reasons would be looked in to.

He record is clean, and like I say, he has continued to work as normal since this happened.

Network Rail are trying to get rid of alot of workers (1,500 IIRC) so I'm just paniced really.

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SilveryMoon · 09/09/2010 13:11

Dp is worried too.

When i was working (pre DC) I had to sack a few people but there was always a period of suspension whilst I built my case.

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Rockbird · 09/09/2010 13:18

So he drove over the crossing thinking all was clear because the lights etc were not clear/not on?

I'd be livid if I were him, never mind scared. He could have killed himself and God knows who else because the warnings are only visible in a certain type of daylight Hmm

SilveryMoon · 09/09/2010 13:40

Rockbird Yes, that's what happened.
Either the lights wren't turned onto daytime mode, or the sun affected the reflection from dp's angle in car iyswim.

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seeyoukay · 09/09/2010 15:10

Where is the crossing?
Was he on shift at the time?
Was he driving a works van?

SilveryMoon · 09/09/2010 15:30

The crossing is just infront of the entrance to the depot.
He was not on shift.
He was driving his own personal car, not a works van.

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seeyoukay · 09/09/2010 15:44

If its a public highway then I think they'd have a really hard time to argue its a works matter if they dismiss him as its not on their land.

I suppose technically all crossings are railtrak land but still. Based on the woolyness of the supporting info they shouldn't dismiss.

SilveryMoon · 09/09/2010 15:50

Right, so I can calm myself down?

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coatgate · 09/09/2010 15:54

Can't see what he did wrong. Presume he raised the issue as a general safety concern - if he couldn't see the lights because of the level they were at, or bright sunshine, that could be an issue on lots of other level crossings and good on him for pointing it out. Good luck and let us know how he gets on.

SilveryMoon · 09/09/2010 16:03

Thanks coat, yes, he reported it because he thought the lights weren't working and needed checking.
Also the train driver would have reported it anyway.

Thanks for reassurance

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SilveryMoon · 09/09/2010 17:07

I've just spoken to dp again and told him of all the reassurance I've had from you all and he told me that the crossing in in the depot

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Rockbird · 09/09/2010 17:36

Sorry, in case my earlier post was a bit ambiguous I meant that you DP should be livid that they put him in so much danger. I wasn't saying he was at fault in case that's how it reads.

SilveryMoon · 09/09/2010 18:06

That's ok Rock I was a bit Confused over the Hmm face, but it's ok Smile

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sotough · 10/09/2010 12:42

it sounds like he's the one that should be taking action against whoever is responsible for safety at the crossing, not the other way round! he's hardly going to risk his own lives and the lives of others, by carelessly driving onto a level crossing without checking for warning signs, is he? i can't see how this is a disciplinary matter at all.

SilveryMoon · 10/09/2010 13:06

Me either.
I know that a few workers have been sacked for near misses, but that's when they have been pratting around on shift and not using a look out etc.
This is completely different.

Apparently, there isn't any paper work regarding safety checks on this crossing, so that will all go in dp's favour too won't it?

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