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Bus driver wins employment tribunal


Amadeus
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I would recommend that neither Grimshaw nor Longworth undertake further grievance procedures without further training and close supervision to a standard for a period therafter.

 

I'd go a little further and say I have an unease as to the motivation of the pair to carry out the procedure correctly; as I'm yet to be convinced that their findings within the error prone process weren't malicious.

 

That both hold senior managerial positions is beyond comprehension.

 

Ultimately, the flawed processes of grievance and appeals procedures cost a man his job, the tribunals time/expense and the taxpayer will have to fund the compensation package.

 

Meanwhile Longworth continues his managerial incompetence at Ellerslie where he masquerades as something 'high up' in the DOI.

 

TBT.

Compensation won't be that much.

 

 

 

You reckon?

 

This guy was sacked after 12 years service, how many more years would he have been able to drive the bus before retiring, then there is his pension.

 

I reckon there could be a massive pay out and good luck to him

 

 

Depends what you call 'massive' but he withdrew his claim for reinstatement, which the tribunal could have ordered, so presumably any loss of earnings will only be for the period between dismissal and the tribunal date, and will allow for what he has earned in his new job during that time, plus a bit for stress and hassle.

 

On a broader aspect, surely when these internal appeals are heard, it should be by a senior officer from outside the

Division involved. In this case, not Longworth, but perhaps, for example, Ms Reynolds, to ensure a modicum of independence and detachment?

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I would recommend that neither Grimshaw nor Longworth undertake further grievance procedures without further training and close supervision to a standard for a period therafter.

 

I'd go a little further and say I have an unease as to the motivation of the pair to carry out the procedure correctly; as I'm yet to be convinced that their findings within the error prone process weren't malicious.

 

That both hold senior managerial positions is beyond comprehension.

 

Ultimately, the flawed processes of grievance and appeals procedures cost a man his job, the tribunals time/expense and the taxpayer will have to fund the compensation package.

 

Meanwhile Longworth continues his managerial incompetence at Ellerslie where he masquerades as something 'high up' in the DOI.

 

TBT.

Compensation won't be that much.

 

 

You reckon?

 

This guy was sacked after 12 years service, how many more years would he have been able to drive the bus before retiring, then there is his pension.

 

I reckon there could be a massive pay out and good luck to him

 

Depends what you call 'massive' but he withdrew his claim for reinstatement, which the tribunal could have ordered, so presumably any loss of earnings will only be for the period between dismissal and the tribunal date, and will allow for what he has earned in his new job during that time, plus a bit for stress and hassle.

 

On a broader aspect, surely when these internal appeals are heard, it should be by a senior officer from outside the

Division involved. In this case, not Longworth, but perhaps, for example, Ms Reynolds, to ensure a modicum of independence and detachment?

 

Exactly. He could have been reinstated and chose not to.

 

So, he's been out of the job 11 months. That is 11 months compensation (minus earned income already) plus some inconvenience money.

 

Anything more is ridiculous.

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On the other hand if he felt, perhaps understandably , that those in "management" may now be motivated by malice and a determination to end his employment by looking for any excuse to pursue further "disciplinary action" then his decision not to ask for re instatement could be entirely understandable.

 

I was in a similar situation when working in LG and my "line manager" boasted that he would "have me sacked with out a pension" because I had been a bit too frank in sharing my views on his lack of legal expertise .

 

I took the view that "they" would get me in the end on some spurious charge so decided to seek employment elsewhere.

 

Mind you I did enjoy sharing my views on the department and it's management at my " farewell do" in the pub as my line manager decide to attend ( he saw himself as a" firm but fair Guv'nor"), but only for a short time.

 

edit to add :- he left after a short time , whether he reappraised his view on how his subordinates saw him is perhaps debatable.

Edited by paswt
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Exactly. He could have been reinstated and chose not to.

 

So, he's been out of the job 11 months. That is 11 months compensation (minus earned income already) plus some inconvenience money.

 

Anything more is ridiculous.

 

 

>Anything more is ridiculous.

 

This whole sorry saga was 'handbags' at best. Easily solved by furthering the understanding that neither could be considered for overtime duty until they 'shake hands' on the matter.

 

So the only ridiculous aspect is that Longworth costs the taxpayer over £100k/annum with benefits. This chap really is the epitome of 'the Emperor's clothes'. And Grimshaw is aptly named too, make no mistake, he exits the process smelling of shit! No surprise there, as he entered with an identical aroma.

 

If their grievance deliberations could be proven to be vindictive (ref', plaintiff supported the drivers strike), then it's not for the taxpayer to foot the bill for any managerial malpractice.

 

L&G adversely manipulated proceedings, which the tribunal had no truck with; so good on them.

 

 

As L&G have extravagent pension pots, why not fund a equitable compensation package out of those?

 

TBT.

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I would recommend that neither Grimshaw nor Longworth undertake further grievance procedures without further training and close supervision to a standard for a period therafter.

 

I'd go a little further and say I have an unease as to the motivation of the pair to carry out the procedure correctly; as I'm yet to be convinced that their findings within the error prone process weren't malicious.

 

That both hold senior managerial positions is beyond comprehension.

 

Ultimately, the flawed processes of grievance and appeals procedures cost a man his job, the tribunals time/expense and the taxpayer will have to fund the compensation package.

 

Meanwhile Longworth continues his managerial incompetence at Ellerslie where he masquerades as something 'high up' in the DOI.

 

TBT.

Compensation won't be that much.

 

You reckon?

 

This guy was sacked after 12 years service, how many more years would he have been able to drive the bus before retiring, then there is his pension.

 

I reckon there could be a massive pay out and good luck to him

Depends what you call 'massive' but he withdrew his claim for reinstatement, which the tribunal could have ordered, so presumably any loss of earnings will only be for the period between dismissal and the tribunal date, and will allow for what he has earned in his new job during that time, plus a bit for stress and hassle.

 

On a broader aspect, surely when these internal appeals are heard, it should be by a senior officer from outside the

Division involved. In this case, not Longworth, but perhaps, for example, Ms Reynolds, to ensure a modicum of independence and detachment?

Exactly. He could have been reinstated and chose not to.

 

So, he's been out of the job 11 months. That is 11 months compensation (minus earned income already) plus some inconvenience money.

 

Anything more is ridiculous.

would you want to go back to work in a place where you are looking over your shoulder and worrying your actions regardless of how small or petty might lead to you being sacked?

 

like I say hope he gets a huge pay out

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It does beg the question if the driver was sacked for a "gross disciplinary" offence then should Mr Longworth , by his inappropriate actions , be subject to disciplinary action as his acts/omissions have potentially cost his employer a considerable amount.

 

As I understand it Mr Longworth's employers are vicariously liable for his actions , provided he was doing what he should have been doing well ................. err badly .

 

However it would be interesting if his employer decided that he was doing that which he should not have been doing and therefore he was on a "frolic of his own" and then abdicating the responsibilities of being his employer and giving him the "elbow".

 

This could then mean that the sacked bus driver could summons Mr Longworth as , say a second respondent in addition to his former employer which would then result in Mr Longworth not being able to hide behind the "body corporate" and have to account for his actions and possibly be liable to fund the compensation and costs.

 

Longworth's employer would surely , given the employment tribunal report, be wondering what the real reason was for his actions and wondering if they would be better to "let him go" ........... I would in their shoes........ but what do I know? flowers.giflaugh.png

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  • 3 weeks later...

It would have been considerably cheaper if it had not happened or been necessary.

 

Let us hope that Mr Longworth is not also "in charge" of the "internal inquiry" into Bus Vannin's disciplinary procedures - seeing as the Employment Tribunal managed to drive a wagon and horses through his earlier decision in the matter.

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