Upon returning to the workshop and checking the CCTV an employee has been caught on camera driving a car at speed through the workshop, skidding and spinning the wheels. I am pretty annoyed should I speak with the employee or just leave it?
If your employee is driving at speed through the work area then it would be appropriate to follow the disciplinary process and invite the employee to a disciplinary hearing.
Before you contact the employee review the company’s disciplinary procedure to confirm the correct way of dealing with this matter. Within the disciplinary procedure there should be a list of examples of what the company deems as ‘misconduct’ and ‘gross misconduct’. Review these together with the CCTV footage, try and be objective (or consider the evidence without being influenced by personal feelings) and decide whether the conduct of the employee potentially constitutes misconduct or gross misconduct.
Remember not to make any final decision as to the conduct until you have held a disciplinary hearing.
If the conduct of the employee is so serious that you believe it could constitute gross misconduct then it would be sensible to make the employee aware of this. In the letter inviting him to a disciplinary hearing explain that the conduct being considered potentially constitutes gross misconduct, and if proven could result in the employee’s dismissal. The employee will then be able to prepare for the hearing in the knowledge that it is a serious matter and not ‘just a chat with you’.
You should create a letter and invite the employee to a disciplinary hearing informing the employee of the reason for the meeting and providing the employee with copies of the information which you intend to rely upon at the hearing such as the CCTV footage. Ensure that the employee has sufficient time to prepare for the hearing. Check whether any timescale or ‘notice of the hearing’ is set out in your disciplinary procedure, if not then the employee should have a minimum of two clear day’s notice of the hearing. Your employee should also be reminded of his right to be accompanied at the hearing.
It is important that you follow your disciplinary procedure as the company in creating the procedure is essentially saying this is how we will deal with this type of situation. If you fail to follow the company process then it is likely that your actions will be deemed to be unfair and you potentially expose the company to the risk of an unfair dismissal claim.
Hold the hearing and have someone else present to take notes to record the important points of the meeting, what the employee says and any excuses or explanations he has given for his conduct. Close the meeting review your notes with those taken by the other person and make a decision.
Inform the employee of the decision and confirm this in writing.
This may seem like a long and time consuming process however given the conduct of your employee it would be appropriate to investigate and establish what exactly he was doing. If his actions were dangerous then you should put a stop to them to try and minimise the possibility of someone being injured.
Accidents will unfortunately happen where pedestrians and vehicles operate in the same area; however as an employer you can and should take all reasonable steps to prevent situations arising where someone is at risk of being injured.
Driving a car at speed and skidding in the workshop exposes others to the risk of personal injury and could result in a serious injury or the death of one of your employees. It is dangerous to ignore and say ‘it would never happen’, at the end of last month a company based in Whitchurch was fined for safety failings after the death of an employee.
Mold Crown Court heard how Philip Ledward, aged 62, an employee of Arkenfield Stable Hire Limited (ASHL), was assisting one of the company’s lorry drivers when he was struck by a passing car and received fatal injuries.
An investigation by the Health and Safety Executive (HSE) into the incident, which occurred in November 2011, at Boundary Garage, Ellesmere Road, Bronington, found that there was no safe system of work in place for controlling risks from workplace transport.
Arkenfield Stable Hire Limited, of Birch House, Back Lane, Coton, Whitchurch, was fined a total of £7,500 and ordered to pay costs of £5,000 after pleading guilty to an offence under Section 2 (1) of the Health and Safety at Work etc Act 1974.
After the hearing, HSE inspector Damian Corbett said: “Workplace transport continues to be a major cause of fatal and serious injury. Estimates suggest that up to one-third of all road traffic accidents involve someone who is at work at the time.”
