Dismissed for alleged tacho infringement! RESULT

Must be the week for it !!

Our firm sacked a Polish driver this week…he phoned the firm to say send another driver cos me times up…they said…have a night out…he said No !
took out the tacho…put in another…drove back to the yard…and tore up the 2nd tacho…and they sacked him for that…

And yet he`s been caught, and reported for being drunk in charge twice !!..makes my job safe then…

truckyboy:
Must be the week for it !!

Our firm sacked a Polish driver this week…he phoned the firm to say send another driver cos me times up…they said…have a night out…he said No !
took out the tacho…put in another…drove back to the yard…and tore up the 2nd tacho…and they sacked him for that…

And yet he`s been caught, and reported for being drunk in charge twice !!..makes my job safe then…

i dont think your polish driver hasd a leg to stand on, its harl gonna be unfair dismissas is it?

demonbiker:

Mike-C:

demonbiker:
So why would i pull tacho if i could have driven 10hrs!!

got back just within 15 hrs duty time,

I cam understand your frustration, but you are going to have to think very carefully as to what you are going to say, or have said? If you admit to removing it at the gate and then finishing your duties i would think they would have you bang to rights for falsifying your records, which may or may not be gross misconduct, i’m not certain. How did they calculate you drove for 6.5 more mins? Are you digital?

6.5 hours, disc!

Sounds like your firm dont understand the 15 hour rule DB, even if you havent driven for 9/10 hrs you can still be out of time, as for the security guard… hmmm… tempting to go back and pin him against a wall somewhere. I’d take them for all they have got and hope VOSA do the same. Most days, when I have to run to 15, I’m lucky if I manage to clock 8 hrs driving before I’m out of time.

Good luck to you.

Its a regular thing making the drivers run up to an d over 15 hrs then say they will pick them up- been told 100 times they cant do it but still do!

we are on salary for 11 day, do less -no deductions do more - no extra!

if you tell them a run is too tight they just say you can work 15hrs- doesnt mean you have too!
if you cant finish the run and bring stuff back ,the ■■■■ hits the fan , big investigation into why the DRIVER has got it wrong!!

Crap - this lot are useless at planning and have no idea that there is a river in the middle of london, weight limits, and the M25 is a car park!!

So you pulled up to the security gate, pulled the card and walked away from the truck at the gate. Who then parked the truck? When did you do your paperwork? this is part of your working day remember :wink: Sorry but if you were that close on your 15hr day then your responsibility is to park up and run in after a rest period. Feel for you for losing your job, :frowning: but you did bring it on yourself for breaking the rules.

skorpio:
So you pulled up to the security gate, pulled the card and walked away from the truck at the gate. Who then parked the truck? When did you do your paperwork? this is part of your working day remember :wink: Sorry but if you were that close on your 15hr day then your responsibility is to park up and run in after a rest period. Feel for you for losing your job, :frowning: but you did bring it on yourself for breaking the rules.

shunter parked truck ,handed paperwork over and left - inside 15hrs so didnt bring it on myself cos i didnt break the rules!! :smiley:

DB just make sure you get a copy of your tacho and the one that was put in after yours, the distance trace will be quite important methinks.

I have the original and a copy of next drivers tacho, mileage is different by approx 2km - yard movement/loading

DB. I am a ittle confused here. Is this the same firm you were having trouble with originaly.? I seem to remember a post about your troubles before.

I thought you had left the firm?

Nope its the same firm, still at their old tricks!
:cry:

They need bringing to book. It seems like bullying tactics to me. They know your’e not happy and have stood up to them, so now they are out to get you.

They may well have found out they are in the wrong and want the witness out the way.

:unamused: Sympathies for the loss of your job, but id not have stayed there for 3 years, wouldve been up the road after a lot less, lifes too short and theres always other jobs :exclamation:

I think there is a little piece of information missing here.

If you have dumped the truck at the gatehouse like it sounds, then you probably deserve it.

You could have parked up, booked off and wrote an explanation of why you were a few minutes over, if there had been a reason for the hold up such as accident or breakdown or simply to reach secure parking. If you dont do it everyday than VOSA will probably just glance at the card.

From what you wrote it looks as though you are guilty of pulling the card and driving for a further 2 km

Wheel Nut:
I think there is a little piece of information missing here.

If you have dumped the truck at the gatehouse like it sounds, then you probably deserve it. WHY?? OUT OF TIME VEHICLE BACK ON PREMISIS AND NOT CAUSING OBSTRUCTION, PAPER WORK HANDED IN AND LEFT!

You could have parked up, booked off and wrote an explanation of why you were a few minutes over, if there had been a reason for the hold up such as accident or breakdown or simply to reach secure parking. If you dont do it everyday than VOSA will probably just glance at the card. WASNT OVER HOURS, WAS UNDER 7HRS DRIVE AND JUST INDER 15HRS DUTY!

From what you wrote it looks as though you are guilty of pulling the card and driving for a further 2 kmTHEY SAID I MUST HAVE DRIVEN BETWEEN 10 15KM WITHOUT CHART!!

Right , after i was dismised unfairly i pursued my own investigation and gathering of evidence to prove i did not drive without a tacho fitted and how if they had carried out a full and in depth investigation, it would have shown this! i got help from a very helpful VOSA man :smiley: :smiley: who frequents this forum and went down south with my charts for him to check, i also asked for charts from previous driver and driver after me so the traces could be checked, he also did this for me :slight_smile: , the company also had the charts rechecked by someone else as thier " tacho expert" had checked my chart and was positve i had driven without a chart! :imp: words to strong for even rufty tufty truckers wouldnt describe my feelings for the “expert” and the people who did the investigation!

However, after presenting my evidence and report from “the very helpful VOSA man” :smiley:

I have been reinstated ! :laughing: :laughing: :laughing:

They tried to say that they made their deductions from a blurry photocopy of my tacho - but they had original? and new evidence from me ( which should have been part of the investigation anyway!!) and a nice clear photo copy of my tacho showed everything much clearer! :unamused:

So good news i got my job back, bad news is manager who made decision to bugger up my life and cause me untold stress etc gets off scot free!

If your in the right, and i knew i was, fight it all the way, i knew i was legal and wasnt going to be pushed out without a fight, had a tribunal aready in motion , I asked a few agencies about work and some were a bit squiffy about taking you on after bieng dismissed for a serious tacho infringement.

Good thing was my union were backing me all the way and had it had to to tribunal all cost would have been taken care of and cost me nothing, if there is a union at your workplace - join it those few quid a month might seem a lot for what you think it is but if you need them they become invaluable!!!

BIG thank you to GB for the help you provided, was crucial evidence i think on clearing me of a wrongful dissmissal!
:smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley: :smiley:

result! well done.

but be careful not to land yourself in a similar situation again.
If running out of time, phone TM (WELL before & again closer to time) & ask for advice. Ball is their court then.

Oh it deffo wont happen again!!

Above is what i did do! but trust no one now as the microscope will be well and truly on me!

:wink:

Well Done DB
a case of Victory for the common man, :smiley: :sunglasses: although if these supposed clever management ■■■■■ did there jobs properly then none of this sorry episode would of happened.
Im off to join the union!!

On reading the whole thread again:

It does sound like the co. is being mismanaged in regards to adhering to the drivers hours law.

prob one of the reasons why they pushed hard to get me out, tried 12 times to investigate/dp me and all have been unfounded and my record is clean!

hmm, sometimes you just have to get the message, even if you don’t like it.
face don’t fit? Union rep that stirs things?

I don’t know, just suggestions.

it shows that Argos Magnas policy of a 12 hour day is sound
they get sniffy if you ‘finish off’ mts and diesel and drag another 30 mins out of the job
blast round to the office dump truck and go :laughing: