employer seeks revenge

[steveeasy]

Good Afternoon,
I am a HGV driver and worked for a company for 18 months. ive never been late and not had a day of sick. I am polite and very efficient.

Drivers hours regulations stipulate any shift between 12-4 am must be a maximum of 10 hours only due to safety reasons. Its the law and I can be fined for breaking driving regulations. Driver fatige is a much greater risk at night. The employer can with his employees set up a voluntary workforce agreement but it has to be done properly with better checks for driver infringments to keep road users safe.

My employment contract states none exist. I was being asked to drive from 1pm till 4 am. this seamed to breach the regulations so I asked if a workforce agreement was in place. I was told yes and therefore I could legally work for 15 hours. I asked for copy and one was not provided.

several weeks later I was one day told I must sign a workforce agreement. I asked if I could discuss it and told no. It aprears they were breaking the law operating without one and then decided to simply order me to sign one. The traffic commisioner have told me they are still breaking the law.

This week I was told with 4 hours notice I was working nights. I genuinly think I get treated unfairly at work and was being made to do something others dont get asked to do. I explained my concerns to my boss. he screamed and shouted and I explained the workforce agreement was wrong and I was made to sign it under duress. I did the work all week properly. when I finished today I was given a letter saying I must attend a disaplinary hearing next week to get a formal warning over a very minor issue. todo with drivers hours infringement I was told to do by them.

Its clear he wants to punish me. I have taken advice about the workforce agreement and vosa and DVLA believe he is breaking the law. the very thing he is giving me a formal warning for is exactly what I was trying to stop. Unfair punishment. Oh I really like my job but its clear he has made his mind up. he bullies people and threatens them.

Any advice.
Steveeasy

[ULA]

Unfortunately there is very little advice at this stage, other than make sure you are well prepared for the disciplinary hearing.

Have you been provided with evidence of the minor issue that is going to be relied upon by the company?
Have you been given the right to have a rep or colleague attend with you?

[steveeasy]

Hi,
not been told anything about evidence. I’ve been told to start work at 12 am and after I’ve done 14 hours I will attend a disaplinary hearing.

it’s rather ironic as the Manager has been making drivers do 15 hour shifts over night without a legal workforce agreement. The day we discussed this and he went mad. I mentioned a minor infringement I made after being told I must return. He has decided it warrants a formal warning with hearing.
I had taken 25 tonnes of fish from Grimsby to Bracknell. There was a delay in unloading it. I notified them and I got told to leave by 7pm. I was sure they preferred me to deliver it. I left and returned back the next morning by 6am. Unfortunantly. I got a calculation wrong which was a infringement of driving regulations. Of which they never care about. Now they have decided to disapline me.
given the massive infringements they have been doing it’s seams just like revenge for me trying to a dear to the regulations. I am now being made to work every night of which I am doing .

thank you
steveeasy