mc Thackeray thank you very much for your reply and I take on board everything that everybody has posted (one exception plambert, not knowing the circumstances that’s led to this explosion), I’m now going to enjoy my holiday and think/worry about this when I get back
thanks fatboy slimslow
Dreamlands. We all get caught out with hold ups of some kind! Busy loading bays,bad weather,heavy traffic!etc etc! Think of all the easy days you’ve had!got back early and got paid till 5! Bet you didn’t complain then! What will you tell your new employer why you left.? I don’t like working after 5? Your in the wrong job mate. Bon voyage!!
there’s a lot that depends on what your contract says, if your hours are 7.30 - 5 guaranteed, then you can have an argument; I would have thought though that the wording wouldn’t be that definite, simply because in this line of work there are inevitable delays. If you pursued this down an official line, then I would expect your boss’ solicitor to argue that and to point out any times that youhad worked past 17.00 as a precedent. If that was the case, and a panel were to agree that 17.00 was not a definitive finishing time, then your boss would be clear on a gross dismissal because you failed to do your job, ie, collect your load. I’m guessing he would argue as well that he tried to accomodate your 17.00 finish because you were at the loading point at 15.15 and it isn’t his fault that they couldn’t load you immediately.
If it’s a months notice, then I’d be saying to him that you were willing to work your notice, he has let you go and you are expecting a months pay in lieu of notice or you will be taking legal advice. He’d probably pay you to get you out of his hair.
Good luck and have a nice holiday.
In most circumstances you would be entitled to be paid for the month’s notice you have given regardless whether you are asked to work or not. Check in your contract of employment for anything different and if there isn’t anything specifcally in there then they need to pay you.
You haven’t been sacked so I would call them and say this ‘I have handed my notice in and I am available to work that notice, regardless of whether you work me or not I am entitled to be paid. If you are sacking me then I wan’t it in writing so I can consider speaking with ACAS.’
Should work 
Plambert:
You’re a ■■■■. Think of how much [zb] you must have put the company through to try and cover the job you screwed-up. Why did you think they were going to let you near their business again.Even on day one of lorry diving school you’re taught not to make plans. If going away at a specific time was important you should of book the afternoon off. Things change and much of it out of the control of the transporter. That’s life I am afraid.
Quality opening line Mr L! 
mc thackeray:
The statotory minimum notice he must give you is one weeks notice unless he has sacked you on the grounds of gross misconduct
If gross misconduct is Not the case then he is legally abolished to give you a minimum of a week in lieu of arrears
For which you can seek remunition for
Unless you contract states it is more then one weeks notice
Bingo!
Finally the proper answer. Your employer has spat his dummy out. But the fact is that he is not happy that you have stood your ground over doing unpaid work after your contracted hours have finished. He has no grounds for Gross Misconduct so it is unfair dismissal. If he doesn’t want to see you again thats his choice. But he has to pay you at least the statutory notice period of 1 week.
accept pay in lieu of notice
Ignore the angry poster. If it was me I would walk away and leave it at that, especially if I’d got something else to go to and the finances will be sufficient for the ‘down time’ in between.
Something tells me you’ll have to fight him/threaten him with court to get any money you are owed, however.
Why would anybody take a job where overtime is not paid?
mc thackeray:
Why Am I wasting my time hear coz I fell that the OP is being led up the garden path by people who dont know what they are talking about but think they do!
If you dont belive me ask Mick from Liverpool (one of the mods)
Oh dear I read a coment like this and the alarm bells start ringing… I have a feeling your armchair knowledge of this topic is not the best recommendation for the op to consider your comments of any relevance. Your lack of understanding of the fact that full employment rights do not kick in till after 2 years employment is also a red flag.
Any way its a mute point as from what the op has stated he has not been sacked just dissmissed. Unless he has it in writing that he has been suspended with no pay whilst the correct company disciplinary procedures are followed. Pointless as he is leaving anyway so a weeks wages would be expected unless the company wishes to not pay and then follow the in house disciplinary route, or just try it on. Although I doubt its even worth fighting for if a clean slate is being made.
Theres also the small matter that the op is now on his jollys and hopefully balls deep in some tasty clunge.
I have a history a suing X employers and I have won every case accept for one
And Taylors Transport in next on the list!
Just the one case then, bet Taylors are quaking in their boots.
TBH, i think it would be a case of gross misconduct, you cannot take a vehicle over a long distance, then refuse to wait for the load and then come home empty, the customer was probably fuming and may not deal with the company again, or at cost to the company he had to hire either another company, or send another driver who would wait for the load, now although he had a grievance with the firm, for keeping him out over his normal time ( 5pm ) and was annoyed that the company dared to send him out knowing he would be late back, that when he returned he handed his notice in ( and that was his big mistake ) If he had a contract stating his hours of work, he could have used that, but the boss was right in his anger to sack him. This is transport, and nothing normally runs so smooth that you can actually plan something and stick to it, and we have all been through those moments somewhere along the way, and Plambert was right, he runs a company, runs drivers, and would or could go out of business if drivers refused to load a vehicle and run home empty.
truckyboy:
TBH, i think it would be a case of gross misconduct, you cannot take a vehicle over a long distance, then refuse to wait for the load and then come home empty, the customer was probably fuming and may not deal with the company again, or at cost to the company he had to hire either another company, or send another driver who would wait for the load, now although he had a grievance with the firm, for keeping him out over his normal time ( 5pm ) and was annoyed that the company dared to send him out knowing he would be late back, that when he returned he handed his notice in ( and that was his big mistake ) If he had a contract stating his hours of work, he could have used that, but the boss was right in his anger to sack him. This is transport, and nothing normally runs so smooth that you can actually plan something and stick to it, and we have all been through those moments somewhere along the way, and Plambert was right, he runs a company, runs drivers, and would or could go out of business if drivers refused to load a vehicle and run home empty.
I don’t agree and that’s a typical old school viewpoint. The fault lies firmly with the people running the company. If they have contracts that rigidly state working hours as we’re lead to believe then the employees are well within their rights to down tools at their contracted finish time and go home. If that leaves you and your customers in the ■■■■ then you only have yourself to blame and it’s your problem to sort out.
Of course we only have one side of the story here. Until the actual wording of his contract is shown to us we can’t say for sure who is right and who is wrong. Also, things like whether he has a history of finishing at 3pm for the other days in the week would also have a bearing on the outcome of any legal case should things turn sour between them.
mc thackeray:
Why Am I wasting my time hear coz I fell that the OP is being led up the garden path by people who dont know what they are talking about but think they do!
If you dont belive me ask Mick from Liverpool (one of the mods)
I have a history a suing X employers and I have won every case accept for one
And Taylors Transport in next on the list!
Not sure if a history of suing emloyers is something that I would be broadcasting on the net . Are you able to elaborate . Which companies and how much did you win ?
truckyboy:
TBH, i think it would be a case of gross misconduct, you cannot take a vehicle over a long distance, then refuse to wait for the load and then come home empty, the customer was probably fuming and may not deal with the company again, or at cost to the company he had to hire either another company, or send another driver who would wait for the load, now although he had a grievance with the firm, for keeping him out over his normal time ( 5pm ) and was annoyed that the company dared to send him out knowing he would be late back, that when he returned he handed his notice in ( and that was his big mistake ) If he had a contract stating his hours of work, he could have used that, but the boss was right in his anger to sack him. This is transport, and nothing normally runs so smooth that you can actually plan something and stick to it, and we have all been through those moments somewhere along the way, and Plambert was right, he runs a company, runs drivers, and would or could go out of business if drivers refused to load a vehicle and run home empty.
Its this kind of opinion which stops drivers from getting a fairer deal from employers. You basically accept that an employer can manipulate and screw work out of you for free.
Absolutely things may not run to plan. There are bound to be delays. That IS Transport. But in order for the industry to flourish it needs 2 things;
- Drivers should be commited and flexible enough to get the job done. Even when things don’t go to plan.
- Employers should recognise that they should pay drivers for the hours they do if delays are out of their drivers hands. Not expect it for free.
That is fair and reasonable for both parties.
Left hand down!:
The fault lies firmly with the people running the company. If they have contracts that rigidly state working hours as we’re lead to believe then the employees are well within their rights to down tools at their contracted finish time and go home. If that leaves you and your customers in the [zb] then you only have yourself to blame and it’s your problem to sort out.Of course we only have one side of the story here. Until the actual wording of his contract is shown to us we can’t say for sure who is right and who is wrong. Also, things like whether he has a history of finishing at 3pm for the other days in the week would also have a bearing on the outcome of any legal case should things turn sour between them.
+1
The employee from what i can see was contracted to work certain hours for fixed pay. He’s done the hours required of him. He was not contracted per load, hour, job so its hard to see how the company can complain of “inflexibility” given thier own hours and pay is not “flexible” in itself.
There can’t be an expectance of “overtime” put in if there’s no mechanism to pay for it.
fdm:
Why would anybody take a job where overtime is not paid?
off topic I know but;
There are plenty jobs coming onto the market these days where drivers are on salary, it’s my belief that this is one of the reasons you see so many drivers lashing around like loons to get finished. Take a company I worked for through agency, bensons packaging, they pay a salary, £25,500 pa, works out around £9.80 for a 50 hr week. One driver was telling me he gets around as quick as possible so the rate appears higher! You also find they don’t fill the units up with diesel or ad blue & park them like they were stolen.
Mike-C:
Left hand down!:
The fault lies firmly with the people running the company. If they have contracts that rigidly state working hours as we’re lead to believe then the employees are well within their rights to down tools at their contracted finish time and go home. If that leaves you and your customers in the [zb] then you only have yourself to blame and it’s your problem to sort out.Of course we only have one side of the story here. Until the actual wording of his contract is shown to us we can’t say for sure who is right and who is wrong. Also, things like whether he has a history of finishing at 3pm for the other days in the week would also have a bearing on the outcome of any legal case should things turn sour between them.
+1
The employee from what i can see was contracted to work certain hours for fixed pay. He’s done the hours required of him. He was not contracted per load, hour, job so its hard to see how the company can complain of “inflexibility” given thier own hours and pay is not “flexible” in itself.
There can’t be an expectance of “overtime” put in if there’s no mechanism to pay for it.
This ^^^^
If you’re tight enough to have a rigid pay structure, then you shouldn’t expect your employees to work to anything but a rigid start and finish time.
The employer should think himself lucky the OP brought the truck back.
Flexibility and tolerance is a two way street.
At least your man had the balls to do what he said he was going to do ,
dreamlands2001:
when I got back to the yard I gave the manager a written letter of my notice stating my finishing date 6 Nov (giving 1 months noticed as required in my contract) his reply was you’ve dropped use in it you can go now, I said I’m prepared to work my notice out after I return after my weeks holiday and he was adamant that I finish there and then, have I been sacked? does he have to pay me to the end of my notice?any advice much appreciated.
You are entitled to 1 months pay in lieu of notice if they fire you on the spot. Getting it is a different matter and given it now costs £1200 to file a claim through tribunal (refunded if you win) then small claims court would be the route.
Also you will be entitled to any remaining holiday pay including the month that would be accrued during the notice period.