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feeling like fodder

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  • feeling like fodder

    Hi folks
    Thanks for the welcome,Tuttsi, and Leclerc, Right i am a hgv driver for a large company, i am contracted to work 55 hours each week, and work 3 or 4 nights away from home finishing on these nights whenever the jobs done or the customers close, some times its 6.30pm, sometimes 4.30pm, on the nights that i do actually get back to the depot to park up and go home, we are allowed to leave at 4.00pm if there are no errands to do, thats the background, now heres the problem.
    Ten weeks ago having got back to the yard one friday evening, though there was drivers back befor me, i was given a job at 4.oo pm that would without doubt mean i would not be finished before 7.00pm,therefor working a 13 hour day and only paid for 11, i was not happy but did the job, but afterwards i put in a formal greivance, stating that it was unfair, 1. not to have a system in place to make sure the first driver back got the job, and 2. to expect drivers to work to anytime of the day doing unpaid overtime after 11 hours a day, i was assured that a system would be put in place in the future, this lasted for about a week then lapsed back to giving the jobs out to the first driver set eyes on, irrelevant of how long he had been away or hours he had worked that day.
    Two week ago another driver was sent out at4.00pm having been away the previous night and starting at 6.00 that morning on a job that would mean he would not be back to clock of untill 7.30 that night, he wanted to refuse the job as he had done his shift but was afraid and did not know the concequences of such action. but just last week a driver did refuse to do a job under exactly those same circumstances and was disciplined.
    At his meeting with HR he explained all the above and said the system was unfair but all Hr said was he should have done the job then put in a greivance, even though they agreed that another driver had done that course of action and the company had not maintained the agreed system, this driver was given a final written warning.
    My questions are,1. were they right to punish a driver for refusing a job, even though they had stopped implementing a system just agreed to make selection for such jobs fair,
    2. are the company right to insist that we must carry out any job request given at a time close to home time, knowing that it will take you into a period above which you will be paid for ( paid for 11 hours a day full stop).
    All the contracts say are 55 hours a week, start time 6.00am, but verbally they maintain we are on some kind of rolling week. any more info wanted please ask

  • #2
    Re: feeling like fodder

    How does this additional hours work and driving fit in with the working time directive and EC tacograph hours ? (I know its complicated and depends what you are doing but I assume they ensure the extra work is legal on the taco?)

    What is in your contracts regarding overtime ? Are you on a salary or hourly wage ?

    I'll flag this up to someone who may be able to help, but might not get back online until Sunday night.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: feeling like fodder

      Hi Martin

      You say the driver got a FINAL written warning does that mean he had had previous written warnings and verbal warnings previous to this?

      Do you have a copy of the contract of employment which youn could post up omitting personal details.

      Could this drver take this to a grievance/disaplinary hearing?

      Does he belong to a union?

      Just a few question from me for now, but others will hopefully pop along as well.

      Tuttsi

      Comment


      • #4
        Re: feeling like fodder

        Hi Amethyst. to be fair they are very good with the working time directive and above board, we are on a 55 hour week broke down and paid as 40 hours normal hourly rate 15 hours overtime rate, and yes your contract does state that from time to time you may be asked to work overtime, but on that last point, 1. you are never paid overtime for hours over 11 on mon- fri,(no broblem if you do work a sat or sun shift) and 2.working 15 hours overtime must already satisfy that criteria,?
        Tuttsi hi,
        The guy has a 13 year unblemished record,and is too scared to go to the next stage, and no he is not in a union, the contract could take a while to upload as i will have to get it then wait till i am next home.
        regards martin

        Comment


        • #5
          Re: feeling like fodder

          Just a question, are you contracted to do 55 hours a week or 11 hours a day?

          If it's 55 a week and you still have hours left on Friday afternoon, then they are entitled to ask you to do more work. (I pressume it is stated that it's 55 hours over 5 days)

          I think the only way you could get out of it is if you were in danger of breaching your driving times.

          Comment


          • #6
            Re: feeling like fodder

            Hi shell
            Thats just it its not stipulated enough, i dont know the answer to your question, but then again no one ever said to them, right its 2.00 pm and ive done my 55 hours on a friday afternoon, im off.they would be exspected to stay till 4.00.
            regards martin

            Comment


            • #7
              Re: feeling like fodder

              have you got a copy of the contract ? Probably be a good starting point?

              1. you are never paid overtime for hours over 11 on mon- fri,(no problem if you do work a sat or sun shift) and 2.working 15 hours overtime must already satisfy that criteria,?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: feeling like fodder

                Originally posted by martin m View Post
                Hi shell
                Thats just it its not stipulated enough, i dont know the answer to your question, but then again no one ever said to them, right its 2.00 pm and ive done my 55 hours on a friday afternoon, im off.they would be exspected to stay till 4.00.
                regards martin
                Martin, you would be well within your rights to go home after you have finished your 55 hours, unless you agree to overtime. That's of course if it's a 55 hour week, if not, then you would have done over your 11 hours a day and should be expecting overtime on the daily rate.

                I think the drivers and management need to sit down and decide which it is going to be, because until you do, management will continue to interpret the 55 hour thing to suit themselves. The drivers are basically in a no win situation.

                Comment


                • #9
                  Re: feeling like fodder

                  Martin,

                  You should know all this, but I will post it anyway

                  http://www.dft.gov.uk/pgr/freight/ro...hoursgoods.pdf
                  If you think nobody cares if you're alive, try missing a couple of payments.

                  sigpic

                  Comment


                  • #10
                    Re: feeling like fodder

                    Hi again
                    Thanks everyone for taking the time to comment, i think the first port of call is to HR to get a look at the c.o.e, and ask the questions 11 hour days, or 55 hour weeks, and take it from there, again its not a VOSA, problem, its more of a employer wanting their cake and eating it thing, again thanks and if theres a result i will pass it on.
                    regards martin

                    Comment

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