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 Post subject: controller problem
PostPosted: Fri Jan 07, 2011 9:38 pm 
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We have a controller, of 6 years service, who has admitted to giving a hire to a driver without recording it. the hire, needless to say was cash, and for a tidy sum. Do we have sufficient grounds to sack said controller for gross misconduct or will we have to settle for a written/final warning? We're torn on the issue. We suspected her of favouring one or two drivers, but no proof. Office manager and 2 directors so far are opting for dismissal. I've, quite rightly, been instructed to seek legal advice prior to further action. Thoughts?

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PostPosted: Fri Jan 07, 2011 9:57 pm 
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Unless you have in her contract that she is allowed to pass work via the back door to certain drivers, then methinks you can boot her out.

However seeking legal advice makes sense.

But don't let the driver off scott free. [-X

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PostPosted: Fri Jan 07, 2011 10:19 pm 
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Whats a controller?

Rev W Audrey?


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PostPosted: Sat Jan 08, 2011 1:00 am 
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a base op taking bungs, sexual favours or free trips for the good jobs?...

never

wouldnt happen......


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 Post subject: Re: controller problem
PostPosted: Sat Jan 08, 2011 6:34 am 
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grumpy wrote:
We have a controller, of 6 years service, who has admitted to giving a hire to a driver without recording it. the hire, needless to say was cash, and for a tidy sum. Do we have sufficient grounds to sack said controller for gross misconduct or will we have to settle for a written/final warning? We're torn on the issue. We suspected her of favouring one or two drivers, but no proof. Office manager and 2 directors so far are opting for dismissal. I've, quite rightly, been instructed to seek legal advice prior to further action. Thoughts?


I assume that the office gets a cut from all the work. If so this could be seen as theft. It could be appropriate to suspend the employee pending an investigation but you may need to involve the police if you want to dismiss the employee on these grounds. Remember that it is also importent to use the correct words when terminating someones employment to avoid being taken to a tribunal.

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 Post subject: Re: controller problem
PostPosted: Sat Jan 08, 2011 7:13 am 
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grandad wrote:
grumpy wrote:
We have a controller, of 6 years service, who has admitted to giving a hire to a driver without recording it. the hire, needless to say was cash, and for a tidy sum. Do we have sufficient grounds to sack said controller for gross misconduct or will we have to settle for a written/final warning? We're torn on the issue. We suspected her of favouring one or two drivers, but no proof. Office manager and 2 directors so far are opting for dismissal. I've, quite rightly, been instructed to seek legal advice prior to further action. Thoughts?


I assume that the office gets a cut from all the work. If so this could be seen as theft.


Even if the office doesn't get a cut, and many don't if it's cash work, it's still theft.
Work has been stolen from the driver who should have got the job.
Controller and driver have conspired to steal from the other drivers, surely?

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 Post subject:
PostPosted: Sat Jan 08, 2011 7:36 am 
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Ask her to resign (spell?). Mention it would avoid bothering the police.


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 Post subject: Re: controller problem
PostPosted: Sat Jan 08, 2011 9:23 am 
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grumpy wrote:
We have a controller, of 6 years service, who has admitted to giving a hire to a driver without recording it. the hire, needless to say was cash, and for a tidy sum. Do we have sufficient grounds to sack said controller for gross misconduct or will we have to settle for a written/final warning? We're torn on the issue. We suspected her of favouring one or two drivers, but no proof. Office manager and 2 directors so far are opting for dismissal. I've, quite rightly, been instructed to seek legal advice prior to further action. Thoughts?

To start with, sack the driver concerned; he's self employed & it will be a warning to other drivers.

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 Post subject:
PostPosted: Sat Jan 08, 2011 9:25 am 
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GBC wrote:
Whats a controller?

Rev W Audrey?

That was The Fat Controller!!

Mind you, this one could be too!!

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 Post subject:
PostPosted: Sat Jan 08, 2011 9:47 am 
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The way I would proceed on this one is to advise her that she will be having a disciplinary interview with management.

Set a date & time & advise her that she can have a solicitor present or a friend / witness / representative.

Make sure the meeting is minuted in detail or if the law allows have the meeting recorded.

Among the questions she should be asked are;

1. Confirm that a job went to a driver out of turn?
2. Was she aware of the value of that job to the driver?
3. Did she receive any benefit, whether in money or kind from the driver that did the job?
4. Why did she pass the job to the driver?

I'm sure you can draw up a list of other relevant questions to be put to the alleged culprit.

Once you have had the meeting, she will be in no doubt of the severity of the situatuion & the management will have time to reflect on the answers she has given.

Above all, the situation will be on a formal footing.

Encourage any aggrieved drivers who lost out because of this malpractice to put their grievances in writting, preferably before the disciplinary meeting. You can then advise the culprit that complaints about her conduct have been received.

All the time you are building a case & evidence against the culprit.

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 Post subject:
PostPosted: Sat Jan 08, 2011 10:05 am 
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A few words, "sack her and the driver" I hate people who work like that.

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 Post subject:
PostPosted: Sat Jan 08, 2011 10:12 am 
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Brummie Cabbie wrote:
The way I would proceed on this one is to advise her that she will be having a disciplinary interview with management.

Set a date & time & advise her that she can have a solicitor present or a friend / witness / representative.

Make sure the meeting is minuted in detail or if the law allows have the meeting recorded.

Among the questions she should be asked are;

1. Confirm that a job went to a driver out of turn?
2. Was she aware of the value of that job to the driver?
3. Did she receive any benefit, whether in money or kind from the driver that did the job?
4. Why did she pass the job to the driver?

I'm sure you can draw up a list of other relevant questions to be put to the alleged culprit.

Once you have had the meeting, she will be in no doubt of the severity of the situatuion & the management will have time to reflect on the answers she has given.

Above all, the situation will be on a formal footing.

Encourage any aggrieved drivers who lost out because of this malpractice to put their grievances in writting, preferably before the disciplinary meeting. You can then advise the culprit that complaints about her conduct have been received.

All the time you are building a case & evidence against the culprit.


Of course she could simply refuse to answer any questions.

Slightly on another note.
Before Christmas, one local company lost 3 drivers. They had bookings that couldn't be covered. The management did nothing about it but the controller took it upon herself to get the jobs covered one night by handing out some of the work to drivers from other companys. No money was given to either the controller or the company she worked for so basically the work was given away. What should/could the company do to her?

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 Post subject:
PostPosted: Sat Jan 08, 2011 10:28 am 
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grandad wrote:
Slightly on another note.
Before Christmas, one local company lost 3 drivers. They had bookings that couldn't be covered. The management did nothing about it but the controller took it upon herself to get the jobs covered one night by handing out some of the work to drivers from other companys. No money was given to either the controller or the company she worked for so basically the work was given away. What should/could the company do to her?

That's different.

The bookings could not be covered, so the contoller was giving the customers a service rather than keep them waiting for an eternity. She was tryinmg to protect the companies reputation.

In the other case there was no suggestion that the job could not be covered.

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 Post subject:
PostPosted: Sat Jan 08, 2011 11:56 am 
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Brummie Cabbie wrote:
grandad wrote:
Slightly on another note.
Before Christmas, one local company lost 3 drivers. They had bookings that couldn't be covered. The management did nothing about it but the controller took it upon herself to get the jobs covered one night by handing out some of the work to drivers from other companys. No money was given to either the controller or the company she worked for so basically the work was given away. What should/could the company do to her?

That's different.

The bookings could not be covered, so the contoller was giving the customers a service rather than keep them waiting for an eternity. She was tryinmg to protect the companies reputation.

In the other case there was no suggestion that the job could not be covered.


Yes I know it is different. That is why I said "on a slightly different note" but the company had taken the bookings and were expecting their cut. The management were not very happy at the loss of their cut.
One of my drivers got over £100 worth of work from them that night and no, I did not take a cut from this work. In fact I don't take a cut from any of the work that our drivers do other than the school work. They do that at a price and any other work they do is their's. They just pay a bit towards the running costs of the car. I find that this lets them earn more money for themselves and keeps them happy.

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 Post subject:
PostPosted: Sat Jan 08, 2011 7:37 pm 
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This forum is not the right place for seeking advice on such a delicate issue and would advise you seek legal advice from an employment law agency before going any further.

Although Brummie Cabbie's advice is quite right, each disciplinary case is different.

You could end up paying out thousands of pounds for wrong full dismissal if the correct procedure isn't followed. There are plenty of no win no fee companies out there willing to take you to court.


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