Davey Driver

Good Luck from me too Davey… All the best mate.

(I really feel like writing to the Sun after what Ive just read!!! :imp: )

Fences flattened, bridges broken - Integrity intact.

Good luck Davey.

good luck m8 :slight_smile:

Sorry for the delay in replying to this but last night I could just not face the internet as I had a lot of things to do to prepare for todays episode :frowning:

Please let me first say that having read all the kind comments above, it did touch my heart and I will admit openly I shed a few tears, as it did with my wife when she also read the postings. It is a true honour to have such friends at this time, even though some are total strangers to us, and I mean this from the bottom of my heart in all sincerity.

Yesterday (Monday) was a very difficult day for us, as firstly her solicitor had ballsed a lot of things up which delayed the hearing from starting at 10am, when it did eventually get started at about 10:50am the whole day was basically spent listening to the absolute bullsh!t (Sorry Mods) that she was spouting out in her Statement. I began questioning her at around 12:30pm and the tribunal stopped at 1:00pm for a 1 hr lunch, then it was back in at 2:00pm to carry on with the questioning of her statement, a large number of discrepencies were pointed out, but the annoying thing for us, was the tribunal would not let us enter evidence that we gave her 200 Novelty wall clocks worth over £1000 to sell on Ebay and therefore keeping the proceeds, in return she would work any additional hours free of charge. Simply because it was not part of her PAYE agreement :angry: :angry: :angry:

Emma had produced a photo copy from her diary, which is all written in Pretence, i.e before the event, I pointed out that in her diary she had written a number of things such as:

Date: Mark has Jack (her ex has her son)

Date: Get Car Taxed

Date: At Solicitors

Date: Start Training Abbey National

Date: Finish Training Abbey National

16th Oct Finish Davids

I pointed out that all this was in Pretence, why was it written down that on 16th Oct Finish Davids instead of Finished Davids? her reply simply being that was the way she wrote, but to us it is obvious that this was a planned leaving date because she walked out that day without completing her shift, so even writing it down after the event, it would have been finished Davids.

Also the dates between 29th Sept and 12th Oct were missing from her diary, and yet this is the most important period she was complaining about, saying things got so unbearable for her? :open_mouth: :open_mouth:

Was she hiding the fact that the diary contained something like, offered full time job with Abbey National on one of these missing pages ■■ :confused: :confused:

After all, she tendered 2 weeks notice on 10th October and commenced full time employment with them on the 27th Oct. :confused: :confused:

Her claims are that she regularly had to work beyond her contracted hours and was not paid, the tribunals view is that there was no written agreement to this, however, we hope to prove that she did not have to work as many hours as she is trying to imply. She is also claiming she had to lift heavy boxes, but only since we found out she was pregnant, again this is rubbish because she would’nt lift a finger let alone a box. and considering we only found out she was pregnant on the 7th Oct, she handed in her notice which just simply said

Quote: I would like to inform you that as of friday 24th October I wish to end my employment with Capitol Enterprises 2000

I am therefore writing to give you 2 weeks notice of this termination of employment

Yours Faithfully

Emma Driver

Her claim is that I told her she would have to resign if she was not prepared to work full time, surely if that was the case it would contain the text of something like, Further to your request, or to comply with your request■■? :confused:

Her mother took the stand this morning and gave evidence that she started to help Emma on Tuesday 9th Sept because my wife refused to help Emma pack the goods for dispatch, of course, anyone knowing my wife personally would know this is totally untrue, but sadly, the tribunal do not Know Val so it’s a case of us having to prove this, our mother then went on to say that it was whilst she was working with Emma that she found out Emma was pregnant, later in her statement she said that this was around the end of August, I asked her to confirm it was the end of Aug and she duly did confirm this rather braisently, I pointed out that she did not start helping Emma until Sept 9th and this totally flustered her showing she was lying, I then went on to raise further discrepencies, again pointing out that she had all her dates wrong, when I finished questioning her, the Tribunal Chairman then asked when the baby was due, to which she replied May 11th, he pointed out that counting back 9 months took her to the baby being concieved in August, and she would not have known until Sept. Again this left her flustered trying to weasle her way out of the errors. :sunglasses: :sunglasses:

They are claiming that Emma told me around the 25th that she was pregnant and that is when all the trouble began :open_mouth: :open_mouth:

I took the stand at around 11:05am and gave my evidence, however, for some reason I have supplied the wrong dates as the days she was absent on mondays, all these dates were on a wallchart but Emma has signed postal dispatch records which show her as being at work on those dates, obviously this threw a bad light on us, again bad light was cast on us because we could not supply a signed copy of her contract of employment, however, we have maintained from day 1 that she removed this from our premises without our permission. We also could not supply a signed agreement that she could keep the monies from the sale of the clocks in return for working additional hours as and when required, but they did accept that when a member of a family gives you something for helping them, you do not ask for a reciept or a written agreement,we pointed out that this was a verbal agreement which was refused as there was no proof. :angry: :angry:

My sister Susan who now works for us full time was next on the stand at 15:30pm, Emma’s solicitor tried always of accussing Sue of “Taking” Emma’s full time job away from her, Sue pointed out that Emma claimed she was told there was no job for her because she did not want to work full time, and yet Emma had maintained right up until 10th August that she was staying on with the company but only on a part time basis as she had a child minder in place, therefore showing her solicitor was trying to make up claims as he went along, the actual case is about Emma claiming she was told to resign because there was no part time job for her.

(Sue is a very conscientious person and as honest as the pope, we have tried to keep her out of this all together, however, Sue insisted on giving a statement and appearing as a witness simply because she knows that all the allegations against us are untrue)

Sue was originally coming to work for us part time from Nov 3rd and Emma was going to be full time from Nov 3rd, when Emma told us on Oct 8th that she was pregnant and could no longer take on the full time job, I did jokingly say “I’ll have to sack you then” after saying that I asked her if it was okay to offer Sue the full time vacancy and she could stay on part time, to which Emma agreed, Emma then sent a text message to Sue who was in Rhodes on holiday, going on holiday on Sept 28th and returning home on 11th Oct, Emma is claiming she told us of her pregnancy on Sept 25th, we have pointed out that if this was the case, why was Emma required to send a text to Rhodes if Sue was at Home? Emma’s solicitor claimed we had the dates wrong and Sue Did’nt know she what day she was on holiday. :open_mouth: :open_mouth:

However, Sue’s husband is giving evidence first thing tomorrow (Wed) to confirm that it was the 2nd Tuesday of their holiday (7th Oct) that she recieved the text offering her the full time position from Emma.

After Emma’s solicitor kept accusing her of misleading the tribunal she sat with tears in her eye’s and looked the tribunal Chairman straight in the face and stated that she had sworn on the bible, was not lying, this was her statement and things happened exactly as they appeared. :laughing:

The tribunal accepted her word as it was quite clear that she was not lying. :laughing:

The Tribunal then decided to end for the day reconvening at 10:00am tomorrow (Wednesday) :imp:

We still have 4 Witnesses to go so hopefully can get the point over to them that she did not have to work over her contracted hours as much as Emma had claimed. :confused: :confused:

I think at the moment it’s a 50 / 50 chance of winning as vital evidence we were relying on was dis-allowed. :angry: :angry:

Fingers Crossed as things can only get better :wink: :wink:

metalhead10:
And didnt he say he had some piccies taken in the Sun If it was/is the ones on Page 3 then omg my mental image of Davey was all wrong lol

Good luck davey

I think they are saving them for Friday :laughing: :laughing:
the sun reporter got bored I think, he was only in the hearing this morning, never bothered returning after lunch :confused: but it was him who missed the interesting bit :laughing: :laughing: :laughing:

Has your sister ‘sold’ her story to the Scum??

dear oh dear

TheBear:
Has your sister ‘sold’ her story to the Scum??

dear oh dear

Not yet that I know of, but her solicitor made a point of stating everytime I said something damning about her, was I sure I stood by what I was saying, which leads me to think that her next plan is to sue me for slander if she wins her case.

But as I stated in my very first letter to her solicitor back in October, I would rather rot in Hell before I give her 1penny from my bank account or that of my company, and I will stand by that until the day I die :angry: :angry: :angry:

The daily mirror did a good piece with my picture on page 27 on Tuesday :laughing: :laughing: shame they had best part of the story wrong, saying I sacked her in March last year and also accused her of stealing toy’s Lol and to think, the reporter was sitting in the hearing as well :laughing: :laughing:

Does anyone have a link to yesterdays Mirror,so as we can laugh,errrr,see Davey’s picture,or is it too frightening for kids? :laughing: :laughing:

Keep us up to date won’t you Davey?

Ken.

Here’s a link to the mirror but haven’t found the article yet, still searching.

mirror.co.uk/news/

Good luck with the Tribunal Davey.

It is quite amazing as to how a newspaper can report on a story but they never have to give the other side of the story.

The only thing you can hope for is that the tribunal agree with what you are saying, you do seem to have a better idea of what happened that her solicitor.

Once again, good luck

All the best Davey.

Just remember, those who know you will know your telling the truth, and it is obvious that all at Trucknet believe in you.

All the best for the continuation.

Chin up, (easier said I know)

Mat

Todays North East Evening Chronicle

Late Edition also available online

A young mum fired from her brother’s company after she told him she was pregnant launched a personal vendetta against him, it has been claimed.

David Driver alleges his sister Emma tried to emotionally blackmail him into letting her pick and choose her working hours and demanded cash “to keep her quiet” once she had left his novelty toy firm.

Giving evidence at an employment tribunal in Newcastle, the 43-year-old former truck driver said the family row at his Gateshead-based Capital Enterprises Limited had escalated out of control.

He said: "She realised she couldn’t get her own way and this is a personal vendetta. Knowing Emma the way I do, she is just being spiteful.

"She would regularly take tantrums and I would just leave her to it. This particular time we had both had words the previous week about her asking for Mondays off every week.

“When I told her she couldn’t, she had a strop and I left her to it. After she left, we got a letter from her solicitor which I saw as an attempt to make us give her a payment to keep her quiet and keep this matter out of a tribunal.”

Emma, 25, from Burnopfield, County Durham, was taken on in a part-time role as clerical assistant with her brother’s firm in March 2003.

She was paid the minimum wage of £4.30 per hour with a take-home pay of £66.80 for working a 16-hour week until she left in October last year.

On the opening day of the ■■■■■■ discrimination and unfair dismissal case on Monday, Emma told the panel her brother said she might as well hand in her notice there and then when she broke the news she was expecting a second child and so wouldn’t be able to work full-time.

However, Mr Driver, from Gateshead, and who is godparent to Emma’s first child, Jack, said the comment had only been meant in fun. He said: "I must stress I said it as a joke. "

Miss Driver is also claiming unlawful deduction of wages in relation to a £75 car tax payment which was taken from her final salary payment even though her brother had allegedly told her it was a perk for working extra hours.

Earlier in the day, the pair’s mother, Hazel, told of her despair at the rift which had split the family following the outbreak of the bitter dispute.

She said: "I have found this whole situation unpleasant as my son and daughter are arguing about this matter.

"I have thought long and hard about this and take the view David didn’t treat her very well and took advantage of her.

"He was aware of her situation regarding childcare arrangements and that she needed to leave by 12.15pm but he would make her work extra hours.

“When he asked her to resign he was definitely not joking and I warned him he should be careful about saying things like that.”

Defending himself against the accusations, Mr Driver questioned his mum about a fall-out between Emma and their other sister, Denise, although Hazel denied there had been an on-going problem.
After leaving her brother’s toy firm, Emma took up a full-time role working flexi-time at an Abbey National call centre.

The hearing continues.

I’ve highlighted a paragraph in Blue simply because this is what was stated in the Tribunal and the press actually got it right with the exception that Denise is actually my brothers wife and not my Sister.

Denise has read this article and is absolutely furious because there is a big on going problem which she is happy to point out to the press personally showing that perjury has been committed by them both as when I asked both during questioning under oath they both gave the same reply.

Now this is a prime example of what we have had to undergo over the past 3 days.

The tribunal is now over and the panel have reserved the right to issue their decision at a later date, which they say could be upto 8 weeks due to the workload, so now it’s a case of sitting and waiting for the outcome to be announced.

Emma did her drama queen bit on the stand this afternoon when explaining why she should be given compensation if she wins her case, a performance that any top actress would struggle to match :laughing: :laughing: :laughing: :laughing:

From start to finish it was tears about all the stress that our false allegations have caused her, the fact we sacked her for not being able to do her job properly etc etc etc, the strange thing is, and I hope the panel realised, not 1 tear was shed when she gave her evidence, but when it came to talking money she could not console herself :unamused: :unamused: :unamused: :unamused: :unamused: :unamused:

We were told that we have not lost the case, but at the same time, the other side had not won the case and vice versa.

I think I’ll write a book about this case because it was made into a slapstick farce by her solicitor, The panel told him, that for him to have a claim of being treat less favourable he had to compare her with someone who was employed with the company doing a similar job, he wanted to compare her with me, but the Chairman explained that he could not do this because I was the Managing Director, he argued with the Chairman saying I did similar work to Emma, so the Chairman asked a few questions about Emma, did she go to hong kong to purchase goods, no, did she go to meetings with the accountants, no, did she negotiate prices with customers, no etc etc etc, finally he accepted he could not compare her with me, so he then tried to compare her with Vals sister Lillian, who is our shop manageress, again the Chairman pointed out that Lillian worked in the shop and not in the office so she did not do comparable work :laughing: :laughing: :laughing:

He then tried to enforce the ■■■ discrimination, which again proved difficult because they had not reached their decision if she was sacked or if she left voluntarily.

Whilst questioning Lillian under oath her solicitor argued with Lillian that she stated she had been told by Emma that she had been offered a full time job with Abbey National, Lillian denied this, so Mr Hayes the Solicitor raised his voice and stated here on page 72 in your statement you clearly state that my client told you she had been offered a full time job with the Abbey :laughing: :laughing: :laughing:

Again Lillian denied this and the Chairman asked him which line of text he was reading, her solicitor stated line 6 of paragraph 2 so the Chairman asked who he was questioning to which he replied Susan Docherty :sunglasses:

The Chairman then pointed to Sue sitting on the chairs at the back and said, that is susan, that is Val, and that person there pointing to the witness table is Lillian Graham, even I know that :smiling_imp: :smiling_imp: :smiling_imp:

They entered last minute evidence with our permission proving Emma had child minding arrangements with a child minder under contract, Emma had claimed this was each day, the evidence unwittingly produced, showed it was only 2 days per week :laughing: :laughing: :laughing:

Her solicitor even argued with Val my wife that she could not have been present when Emma told her she was pregnant :open_mouth: :open_mouth: :open_mouth: Val repeatedly said of course I was there, until the Chairman asked what his point was, to which he replied, Emma’s mother has clearly stated that Val was not present when she told her she was pregnant, to which the Chairman then looked puzzled :confused: :confused: :confused: So Mr Hayes, how could she not be present when being told face to face that she was pregnant, he realised he’s dropped a big bollock and quickly moved onto something else :laughing: :laughing: :laughing:

Overall I’m confident, however, It’s a 50\50 chance of winning so fingers crossed :wink: :wink:

Davey Driver:
The Chairman then pointed to Sue sitting on the chairs at the back and said, that is susan, that is Val, and that person there pointing to the witness table is Lillian Graham, even I know that :smiling_imp: :smiling_imp: :smiling_imp:

Monkeys that get paid more than just peanuts. :slight_smile:

Best of luck.

Krankee:
Monkeys that get paid more than just peanuts. :slight_smile:

Best of luck.

WE admit we deducted £75 from her wages because she had agreed to repay this verbally if she stopped using the car for company business, we also paid her 3 hrs in advance for Friday 17th Oct, this is in the Contract of Employment, the legal aspect is though, we could not produced a signed copy by her, but as we have maintained from day 1 that she removed it from the office without our permission, it could not be produced.

Her next Claim is that I told her there was no longer a job for her if she would’nt take on full time, but our argument is that the part time job is still there and currently advertised in the Job Centre, therefore we would not have any reason to finish her just because she did not want full time employment.

She claims she was told to resign for not taking on the full time job, which she could not do because of her young son, our argument is that this was not the case, she specifically told me she could no longer work on a monday, when I said I would not permit every monday off, she said she would have no option but to resign so I simply said okay, resign then!!!

Then 2 weeks later she started Full Time for Abbey National :confused: :confused: :confused: and yet she still has her son :confused: :confused: :confused:

Her diary even pointed out Finish Davids on 16th Oct, showing that it was an intention not an event that had already happened, other wise it would have been Finished Davids, the vital period she claimed all the problems were occuring was between 25th Sept and 16th Oct, but the diary pages were missing for 29th Sept - 11th Oct so what was she hiding?

She claimed she had child minding everyday, but they produced a contract that showed there was childminding but only 2 days per week, therefore shooting themselves in the foot?

I sat with 30 discrepencies when summing up, they could’nt find one discrepency in our statements dispite trying, showing that our stories did tally up unlike her and her mothers.

As stated in the Chronicle article today, her mother claimed there was no rift with Denise, the only reason we brought this upwas to show that Emma did cause family rifts regularly and her mother would try and protect her every time right or wrongly.

Her original solicitor was pathetic, but this guy was even worse, and it emerged that I attended the GMB Training School with him in Manchester around 14 yrs ago when I was a shop steward, :laughing: :laughing: :laughing: :laughing:

Talk about losing faith in Unions LMFAO

ever thought about being a solicitor davey… sounds like your making a good job of showing them how its done m8…

Here Davy,
If I ever have to go in front of an industrial court I want you as my brief,how much do charge per hour!!!
Good luck M8.

I hope this claim gets thrown where it should be, Davey!!! in the bloody dustbin!!!

I have followed all this and I think I best keep my opinions of your sister to myself… you might be offended.

Good Luck, mate, and don’t forget…we’re all rooting for you

And now the Humour Begins Lol :laughing: :laughing: :laughing: :laughing: :laughing:

Pair from ‘family of hot-heads’ Mar 18 2004

By Simon Armstrong, The Evening Chronicle

A family torn apart after the brother allegedly forced his sister to quit his company because she was pregnant are “hot-headed and regularly bawl and shout at each other”, a tribunal heard.

On the third day of a ■■■■■■ discrimination hearing launched by Emma Driver against her brother David, witness Susan Docherty said Mr Driver, 43, had a short fuse.

Emma, 25, took up a claim against her brother claiming he forced her to resign when she told him she was pregnant and couldn’t take up a full-time role with his Gateshead-based toy firm Capital Enterprises Limited.

Mrs Docherty, who is David’s sister-in-law, said: “He’s hot-headed but I wouldn’t say he had a bad temper. All the Drivers can bawl and shout at each other one minute and then be all right about it the next.”

Although she doesn’t work in the shop, Susan said she is a regular visitor there and knows all the family well.

She said: "One day Emma came into the shop with a carrier bag full of toys she said were for her son Jack, who had been given them by his father, who she had split up with.

"Emma said she was going to give all the toys to the Sure Start Charity in Gateshead and that she didn’t want Jack to have anything from her ex-partner’s family.

“That was when I realised she was a spiteful person who was not to be messed with.”

The witness went on to say that, on several occasions, Miss Driver could be seen leaving the upstairs office early, having promised her brother she would work back late in his absence.

She said: “There were many occasions when Emma would tell David she would stay back and lock up the office but then as soon as he was gone we would see her walking past the shop window.”

Another of Mr Driver’s sister-in-laws, shop manageress Lillian Graham, also admitted the Driver family had short fuses.

She said: “All the Drivers have fiery tempers but David never spoke out of line to me.”

Emma Driver, of Burnopfield, County Durham, claims she was forced to resign in October 2003 after David became upset because she was pregnant.

Earlier in the hearing, the panel was told that when she broke the news she was expecting her second child, David said: “Well that’s it, you’ve really messed it up for me now. You might as well resign here and now.”

After handing in her notice, Emma launched a ■■■■■■ discrimination claim as well as a complaint of unfair dismissal. She had been working for the firm for six months as a clerical assistant. The case continues.

Moir with a temper, Hot Headed :laughing: :laughing: :laughing: :laughing:

I’m a Driver, dont all Drivers get Hot Headed LOL :laughing: :laughing: :laughing: :laughing:

Only just got back so a little late to this thread Davey but I would just like to add my good luck wishes.

I see from the Sun article that you run a ‘novelty toy firm.’ So what novel toy like things does the Hours Guard do then? I must have missed that in the instructions. :wink: :smiley:

Coffeeholic:
I see from the Sun article that you run a ‘novelty toy firm.’ So what novel toy like things does the Hours Guard do then? I must have missed that in the instructions. :wink: :smiley:

Originally Capitol was set up for importing toy’s, it was through this that the Hour Guard Evolved, I was looking into cheap timers to import as a side line and came across our current supplier through the internet, he kept sending me timers that were no good, very basic but if paused and you hit the Minute or Hour Button it would add time to the clock whilst paused, I think I peeved him off because I kept rejecting the timers, until he finally stated “Well what do you want then”

I then sat and designed the timer as to supply all the info that would be useful for me in my job as a driver, hence the birth of the “Driver” as in surname and Hour Guard as Time Protector :sunglasses: :sunglasses: :sunglasses:

We do import and sell a lot of toy’s through EBay, although the Hour Guard is our Main Product, we now also have the Warning Tripod on the Market as well grabbitt-now.co.uk/catalog/produ … cts_id=101 :wink: :wink: