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Employment Law Advice

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    After a bit of advice from anyone in HR etc.

    I have an hour commute to work that is proving to be a nightmare in terns of traffic etc and my work gave me a formal verbal warning in April. I accepted it, and have been leavong really early since (2 hours plus before work), but three times I've got stuck behind really bad accidents including a fatality and have still been late (by 15 mins, 3 mins [yes they are that petty] and 25 mins).

    I've shown them online traffic/news reports to prove why I was late but they are now looking to escalate disciplinary action.

    They acknowledge my work is good, I fit well with colleagues etc and have been giving me extra responsibilities, so no issue but the lateness but they are determined to take action as it's 'standard practice', rules are rules etc.

    Have I got a leg to stand on saying getting stuck in very bad traffic isn't misconduct?

    Cheers in advance for any advice.
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    edited May 2016
    As a manager I've had to deal with lateness issues over the years (even sacked someone for it once)

    It's a difficult one because even though the cause might be genuine you have to ensure it doesn't create a culture where others see you apparently "getting away with it" and start to come in late themselves.

    Do you have an alternative route or mode of transport you can use?

    I wouldn't worry unduly about the disciplinary process, there's usually 3-4 steps before dismissal, the first one probably being no more than an informal or verbal warning.

    Edit: Just read that you've already had a warning back in April. Maybe look at alternative start times.
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    edited May 2016
    This would be the second step so obviously becoming concerning if random traffic accidents on the M20/A2 could screw me. The three times in 6 weeks have all been over an hour delays, and I'm worried if similar happens again it could escalate quickly.

    Unfortunately I live in a village so the train is out. I've been doing 10-6 to avoid school traffic etc but it's only helped so much.

    I appreciate the argument about setting the example and I've said that to them (and why on the first warning I said Ok, fine), but my team know where I live and the awkwardness of the journey so I've argued that they know I'm not just taking the piss or rolling out of bed late.

    Other thing they are saying is I'm not phoning to say I'm late but my argument is that I'm driving!
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    When I worked straight days in The City, we were given the opportunity to amend our start times if it helped with travelling. Anywhere between 0800 and 0930. Depends on the nature of your work and how your bosses feel obviously, but it could be an avenue worth exploring.

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    What I really need is a job closer to home but haven't found one yet!!

    I am mainly after knowing if I can argue that as I couldn't help very bad accidents on the roads they can still argue it's misconduct?
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    Do your company operate flexi time? or could they?

    Could be the way forward for you.
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    Essex_Al said:

    Do your company operate flexi time? or could they?

    Could be the way forward for you.

    No, not really - they have let me do 10-6 (and others 8-4) but there's no 'just do your 35 hours' type flexi time.

    I have always made up any time I've been late by staying late etc, obviously.
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    This would be the second step so obviously becoming concerning if random traffic accidents on the M20/A2 could screw me. The three times in 6 weeks have all been over an hour delays, and I'm worried if similar happens again it could escalate quickly.

    Unfortunately I live in a village so the train is out. I've been doing 10-6 to avoid school traffic etc but it's only helped so much.

    I appreciate the argument about setting the example and I've said that to them (and why on the first warning I said Ok, fine), but my team know where I live and the awkwardness of the journey so I've argued that they know I'm not just taking the piss or rolling out of bed late.

    Other thing they are saying is I'm not phoning to say I'm late but my argument is that I'm driving!

    You could buy a hands free kit, so at least you can phone in.
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    Legally everyone can now apply for flexi time without a specific reason and the company has to listen to the request

    https://www.gov.uk/flexible-working/overview

    While in this instance it might not be relevant you can certainly apply
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    I know this not the answer you want but have you considered moving nearer to work?
    Village life sounds idyllic but it's not all it's cracked up to be.
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    I know this not the answer you want but have you considered moving nearer to work?
    Village life sounds idyllic but it's not all it's cracked up to be.

    Yes, but I don't think he lives in Mottingham village.
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    I know this not the answer you want but have you considered moving nearer to work?
    Village life sounds idyllic but it's not all it's cracked up to be.

    I have, but our family live locally and help us with childcare which they wouldn't be able to if we are an hour away, my wife's job is local to us etc.
    T said:

    Legally everyone can now apply for flexi time without a specific reason and the company has to listen to the request

    https://www.gov.uk/flexible-working/overview

    While in this instance it might not be relevant you can certainly apply

    Thanks, I'll take a look.
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    I completely emphasise but it sounds like the company you are working at are following their own internal disciplinary policy and if so are not doing much wrong.

    Did you ever get an employee hand book or can you access the disciplinary procedure on-line? It'll be worth a read so you know the process and your rights during it.

    The last thing you would want is an adverse reference in the future, so if being late is unavoidable and causes disciplinary proceedings, you should definitely start to consider stepping up the job search.
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    If you're stuck in a traffic jam, why can't you 'phone them then?
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    I cant stand lateness.
    I would probably get rid of you.
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    Other thing they are saying is I'm not phoning to say I'm late but my argument is that I'm driving!

    I was thinking they sounded a touch petty until I got to this bit

    I'd be absolutely fuming if I was you boss and you were coming in that late without bothering to call, it's not like you're stuck underground on a tube

    buy a hands free kit and you'd save yourself a lot of bother, communication is everything in situations like this
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    edited May 2016
    Addickted said:

    If you're stuck in a traffic jam, why can't you 'phone them then?

    Because it's been the sort of creep along at 2mph bumper to bumper traffic rather than stopped and able to make a call traffic.

    And on the day I was three whole minutes late, I didn't know if I would be until about fibe to 9, why find a place to stop, call, and turn 3 minutes into ten?

    Lastly, my boss is literally never at his desk at that time - they'd get the message about 3 hours after I'd arrived anyway.

    I cant stand lateness.
    I would probably get rid of you.

    Thanks for your helpful comments. I'm very early every other day compared to my agreed start time, leave late most days, have the highest workload on the team and the second highest responsibility level. I think they would admit its obvious that I'm not rolling in late because I can't be bothered etc.

    I'm just unfortunately getting stuck in very bad traffic on the odd occasion on a journey I did advise in interview was an awkward one.

    I do feel it's harsh, maybe you don't.

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    Regardless, my question was really do I have a leg to stand om if I'm showing on those days that the reasons were very genuine. The answers show basically no, so thank you everyone for your advice.

    Thanks for the advice too re job searching, stepped it up last night.
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    I used to work in the computer operations room at Lloyds back in the 80's and they were very hot on lateness, very little (if any) leeway given.

    It got to a point that some people used to ring in sick if they were going to be late, rather than get into trouble.
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