curlew430 vs big company with no rules

[curlew430]

I have been working for haulage company that likes drivers to do 12 day away at a time then go home for weekend break .Three years ago i was asked if i would drive smaller lorry and do mon to fri working 5 days and go home at weekends , i agreed as i had doctors appointments and that would suit me to do this type of work. Recently i went off for holidays and on the 28/11/14 on the fri i recieved a telephone call from depot manager saying my lorry was not coming back to england and that i would be sent larger lorry to go back on 12 days away starting the next mon..I told the manager i was not going back on 12 days as my lifestyle had changed and i was at least entitled to 4 weeks notice and some form of negotiations to which he replied take it or leave it . I sent an email telling him it was in no way in line with employment guidelines and i said i would have another week off holiday so they could think about what they were doing. i have had no reply at all off depot manager no phone calls offering me any kind of work .. I sent email above managers head to company owner who replied saying he knew nothing of this problem and he would call me following day and get me back to work asap and in his words he told me to keep my hair on . I did tell him as far as i was aware i was entitled to be paid whilst available for work so why would you leave me sat at home rather than send lorry out. I have not received any phone call off manager or the boss and neither have i been paid.. So my question is do i send another email asking why i have not been paid or do i tell them i am seeking advice on breach of contract without any notice of change..Do i resign and go for constructive dismissal due to the fact they are ignoring and have no intentions of sending lorry out. Please advise on my next step if any one can .. I might add this company has no procedure for drivers who stand up for themselves , its take it or leave it or the door is there.. There answer is ignore the phone ignore emails and it will go away .Sorry to disappoint them but i wont go away nor will i be bullied in the work place.... hope some one can point me in the right direction because i know correct procedure is the key .

[des8]

Re: curlew430 vs big company with no rules

Hi
Rotten position to be in at this time of year especially.
I can't really advise you about employment matters, other than warn you constructive dismissal is extremely difficult to prove.
By answering your post tho', it will bump it up.
There may be a delay in response as it's the weekend before Xmas, and others will be busy.
Good luck

[teaboy2]

Re: curlew430 vs big company with no rules

I have been working for haulage company that likes drivers to do 12 day away at a time then go home for weekend break .Three years ago i was asked if i would drive smaller lorry and do mon to fri working 5 days and go home at weekends , i agreed as i had doctors appointments and that would suit me to do this type of work. Recently i went off for holidays and on the 28/11/14 on the fri i recieved a telephone call from depot manager saying my lorry was not coming back to england and that i would be sent larger lorry to go back on 12 days away starting the next mon..I told the manager i was not going back on 12 days as my lifestyle had changed and i was at least entitled to 4 weeks notice and some form of negotiations to which he replied take it or leave it . I sent an email telling him it was in no way in line with employment guidelines and i said i would have another week off holiday so they could think about what they were doing. i have had no reply at all off depot manager no phone calls offering me any kind of work .. I sent email above managers head to company owner who replied saying he knew nothing of this problem and he would call me following day and get me back to work asap and in his words he told me to keep my hair on . I did tell him as far as i was aware i was entitled to be paid whilst available for work so why would you leave me sat at home rather than send lorry out. I have not received any phone call off manager or the boss and neither have i been paid.. So my question is do i send another email asking why i have not been paid or do i tell them i am seeking advice on breach of contract without any notice of change..Do i resign and go for constructive dismissal due to the fact they are ignoring and have no intentions of sending lorry out. Please advise on my next step if any one can .. I might add this company has no procedure for drivers who stand up for themselves , its take it or leave it or the door is there.. There answer is ignore the phone ignore emails and it will go away .Sorry to disappoint them but i wont go away nor will i be bullied in the work place.... hope some one can point me in the right direction because i know correct procedure is the key .

First off all, constructive dismissal is notoriously difficult to win at tribunal, so resigning at the moment is out of the question, in fact, you do not need to. You have clearly been dismissed by the employer when you refused to a variation of your terms of contract, such dismissal is unfair. Your best bet now is to call ACAS as that is the first step now to beginning Tribunal claims i.e. you have to go through ACAS alternative dispute resolution first now, but should that fail, ACAS will help you submit your claim! You should also put in a formal grievance against the company pointing out they are currently in breach of your contract, they have breached the employment rights act 1996 by not paying you which is a breach of section 13. Also advise them as to your communication with the line manager and your taking an additional week off as holiday, a decision made purely as a result of the actions of the manager, to give him time to think about it.

[curlew430]

Re: curlew430 vs big company with no rules

Thank you for reply, yes it is a terrible thing to do just before xmas. i am more annoyed at that than the fact of no job. I have been doing this job that long i have had 3 offers to go elsewhere. this firm is massive and is well known having attitude if you dont like it empty ya lorry .They are bullies down the phone and if you challenge them they dont like it, I will seek advice the one thing i do know is breach of contract . once again thanks

[curlew430]

Re: curlew430 vs big company with no rules

Thank you tea boy for your advice, i have spoke to acas and the letters i sent to company were very good pointing out the facts I will email the company again putting in the formal grievance adding your advice .. The one thing i do know is all the traffic clerks who get made into managers and assistant managers have got no idea about any employments rules or rights, the only answer they know is dont answer phone . thanks again

[teaboy2]

Re: curlew430 vs big company with no rules

Thank you tea boy for your advice, i have spoke to acas and the letters i sent to company were very good pointing out the facts I will email the company again putting in the formal grievance adding your advice .. The one thing i do know is all the traffic clerks who get made into managers and assistant managers have got no idea about any employments rules or rights, the only answer they know is dont answer phone . thanks again

By not answering the phone and giving you the silent treatment along with not paying you, then you can only conclude that they have dismissed you. The relationship between you and the employer has, as things stand at the moment, irrevocably broken down. Which would give you strong grounds for constuctive dimissal, but its always better to play the unfair dismissal route given the chances off a successful claim being much much higher!

Out of a personal interest, can you please PM me the name of the haulage firm, as i am hoping it is not one of the companies that the courier companies i use or my supplier uses! As i certainly do not want to be doing any indirect or direct business with such company, because of the damaging implications it can have, plus as a matter of principle!