Been in same job 13 yrs and last Aug. injured my shoulder doing delivery to shop. The " caring,sharing" comp. have admitted liability on injury, thing is, i cant deliver to their stupid shops anymore because it means pushing trollies uphill, over bloody cobbles etc. (not enough staff to help either.) Since Aug. i have been covering trunking for a bloke who’s been ill and he’s now back at work. Upshot of this is, i’m only getting about 3 days a week work, (3am,14pm,18pm starts, and every wk/end.all mixed in together at times).Wk/ends working have never bothered me, but my argument with my manager is, the job i was doing payed 40 hrs, working about 32/34 hrs. The 2 trunker drivers are payed 40, yet he won’t pay me that,just the days i work which amounts to about 30/34 hrs !! (got the union on it,waste of time) Now to the main topic.
I phoned agency and they can give me work 4 nights a week at least, offered p.a.y.e. umbrella. or ltd. Toying with ltd. What i would like advice about is; can i claim all the stuff, milage to work, food costs, etc. if i am only working for one agency and on one contract ? never been in this position before so would be grateful for some advice. cheers.
p.s. if i do leave, anybody think i have a claim for constuctive dismissal ? am toying going down that road as well.
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You need to look at the Ts&Cs of your employment contract to see what it says.
However, re constructive dismissal, who knows what goes through the heads of tribunal judges, so there is never a definitive answer. I would imagine your employer would say something along the lines of,’ we employed Mr Gate to drive a truck and push trollies up cobbled streets. He injured himself, for which we admitted liability, whilst working for us and we have subsequently taken actions to prevent such an event recurring. Unfortunately Mr Gates injury meant that whilst he can still drive but he can’t push trolleys up hill and down dale, but through the goodness of our heart, we found him some employment just driving so that Mrs Gate and all the litte Gates don’t starve. Unfortunately there is not enough work in his new role to ensure that he gets 40 hours. We believe that his original contract that stipulated he get 40 hours no matter what no longer applies because he no longer does the job he was originally employed to do.’
I’d think carefully about pushing the trunking bit where you want 40 hours’ money for 30-odd hours’ work. Rather than do that the TM may instead choose to offer the other blokes a choice of getting paid just for what they work, or being given extra duties to account for the hours that they’re being paid for but not working.
Needless to say, they wouldn’t regard you as flavour of the month in that situation.
Can’t claim mileage any more. Basically with the alteration to what you can claim, the raising of the flat VAT rate to 16% its pretty much not worth going Ltd any more.
What are your contracted hours total for a week? Unless you are on a zero hours contract or one which is for 35 hours, then you should be paid that number of hours. There must be more to this.
Olog Hai:
I’d think carefully about pushing the trunking bit where you want 40 hours’ money for 30-odd hours’ work. Rather than do that the TM may instead choose to offer the other blokes a choice of getting paid just for what they work, or being given extra duties to account for the hours that they’re being paid for but not working.Needless to say, they wouldn’t regard you as flavour of the month in that situation.
None of the drivers work their full hours due to the nta agreement at where i work, if there is no more driving to do they go home. I’m actually
on a 48 hr contract, but obviously don’t expect to get paid for 48, but don’t see why i shouldn’t get 40,same as the trunkers when i’m working roughly
the same hrs as them, with ■■■■■■■■ start times and every w/end working !! (they get every other w/end off. (i have offered to sign a new 40hr contract
but he ain’t having none of it.)
ashton gate:
Olog Hai:
I’d think carefully about pushing the trunking bit where you want 40 hours’ money for 30-odd hours’ work. Rather than do that the TM may instead choose to offer the other blokes a choice of getting paid just for what they work, or being given extra duties to account for the hours that they’re being paid for but not working.Needless to say, they wouldn’t regard you as flavour of the month in that situation.
None of the drivers work their full hours due to the nta agreement at where i work, if there is no more driving to do they go home. I’m actually
on a 48 hr contract, but obviously don’t expect to get paid for 48, but don’t see why i shouldn’t get 40,same as the trunkers when i’m working roughly
the same hrs as them, with [zb] start times and every w/end working !! (they get every other w/end off. (i have offered to sign a new 40hr contract
but he ain’t having none of it.)
Like I say fella, it’s just my opinion. I’d always be extremely careful when involving someone else in a dispute that I had with the company, but if it helps you get what you want out of the firm and no harm is done to others, fill your boots.
Ok, let’s drag this back on topic. Your hours dispute with the company needs careful reading of your contract, and probably a specialist lawyer. If you can not do the job you are contracted for, the company is not under obligation to give you other work, nor pay you your full wages for any other work they can give you, if the hours are less. Unless such conditions are part of your contract. They may be ‘liable’ for your accident (how? Negligence? Bad practice? ) , but that does not mean they have to pay your wages for less hours worked.
As for the limited company agency route, unless you have lived on a cave, you should know what he score is.