My company has started disciplinary proceedings against me, for something that happened out side of my contracted working hours and not at work or in relation to anyone I work with. I was on my way to work when I had an arguement with a member of the public over a non work related issue. They complained to my company, they only knew where I worked because I had my work shirt on. I don't believe this is fair but can't find any information on the limitations to contracts and when they apply.
2007-07-17 09:31:00 · 8 answers · asked by brainword 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
I have had conflicting information, just like the opinions on the answers. ACAS and a legal helpline one said yes as I was wearing the shirt, the other said no as its on my own time. Although both said if i was dismissed as a result it could be classed as wrongful dismisal, which confused me more, as I thought if it was classed as wrongful dismisal, the ground for it being wrong would be the same as those for not taking action in the first place
2007-07-17 10:23:05 · update #1
Demand a representative (e.g. a friend, or better your Union Rep) come with you to the Disciplinary proceedings and observe the meeting.
Carefully note precisely what the allegations are and the reasons, and find them out in advance so you can adequately prepare your response in good time for the meeting.
This is not a dismissal, only a disciplinary to be noted on the record. But listen to the precise point they want to make, and if you find the procedures being taken are disproportionate then note it because it will be valid case for constructive dissmissal to the Employment Tribunal (i.e. you are forced to leave work because of the actions of your employer - for e.g. they breach the mutual trust and confidence implied in an employment relationship).
The contract of employment may stop (be discharged) when either you or they break it, so you should look at the terms of your contract and any incoporated disciplinary and H&S booklets. Note if you wear your uniform outside and have an argument, your actions could be construed as bringing the local company bad reputation and therefore your actions could economically harm the proprietor's local business (i.e. the Managers business). You can then see why they would want to protect their brand and reputation.
2007-07-17 13:59:08 · answer #1 · answered by Worked 5 · 0⤊ 0⤋
You represent your co 24/7 especially if you have a uniform on. The fact yuou got into an argument and someone lodged a complaint makes them wonder if you have a problem with your temper.
You should have just walked away from it.
2007-07-17 10:22:10 · answer #2 · answered by TedEx 7 · 0⤊ 0⤋
Not a lawyer, but this would probably fall under principal - agent liability law.
I would tend to think that while wearing the uniform of your company you would be expected to behave as an agent of your company and thus the member of the public had no reason to know that you were not representing the company. Thus I find it perfectly understandable that they would complain to your company.
2007-07-17 09:40:38 · answer #3 · answered by kclark747 3 · 2⤊ 1⤋
You were wearing a work shirt and speaking on behalf on the company when you got into the argument. The employer is well within their rights as you were probably not authorized as a company spokesperson.
2007-07-17 09:49:56 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Most companies have a code of conduct that employees sign for at the onset of their employment. Most codes of conduct advise that while in uniform, you are representing the company and are subject to the terms of the code of conduct. Check with your companies code of conduct or similar document to see what yours says. Good luck!
2007-07-17 11:29:55 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I don't believe it was fair either! The only exception might be if you had signed something such as a character clause . Since you weren't on the clock yet , I don't see how they can discipline you for anything on your own time!
2007-07-17 09:38:37 · answer #6 · answered by Frank L 2 · 0⤊ 0⤋
Are you part of a union? It is unfair. I had a few words with a couple in the car park of the store i worked in my lunch hour and they threatened to tell my supervisor that i was rude. I went straight in and told her and she said what happens in your lunchtime is your business not ours whether its in our car park with our customers or not. I would certainly see a solicitor though.
2007-07-17 09:52:17 · answer #7 · answered by Ellie 6 · 1⤊ 0⤋
you can be reprimanded for bringing the name of the company into disrepute.
while you are still wearing company clothing you are representing your company.
you should seek advice off your union if you have one or phone acas
2007-07-17 09:34:41 · answer #8 · answered by joleen19842006 3 · 4⤊ 1⤋