andrew.vaughan.1804:
I would check with ACAS, you have given one months notice even tough he has asked you not to work it you are still entitled to your months pay, it’s known as garden leave. Lots of sales people get told to there and then.
So I do think you should be paid for your notice period.
I agree with that,i found ACAS pretty good when I called them a few years ago,could not help me enough,plenty of advice ,and if you have a good case they take it to tribunal [or they did then ]
Truckulent:
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.
Not in Thatcher’s Britain it isn’t.
cav551:
Truckulent:
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.
Not in Thatcher’s Britain it isn’t.
Thatcher ? Lol. Not sure if you’ve read the news, but she’s dead.
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.
Oh dear me another ■■■■ who thinks your not entitled to a life…
dreamlands2001:
Can somebody tell me where I stand, been working where I am now for two years and the job is on a fixed salary ie no pay for overtime (day work only, 7.30am till 5pm) so if your back to the yard later than 5 you got jack SSS for it, it has got worse and worse so now I’ve got fixed up with a new job starting 10 NovSo today they tried to make it so I was going to be late back knowing I’m away on holiday tomorrow, sent me to Poole (any hours drive from depot on a clear run) for a collection, gets there @ 3.15pm was told 'I wont get touched till at least 4pm due to 4 wagons in front of me then add time for me to get loaded, I rang work told them the situation and that I wasn’t prepared to wait, I got told to wait (have you guessed what’s coming) I told them no as it would make me late back to the yard, I got told to wait again, I told them no and I’m coming back empty, I got told wait again, to which I replied no I coming back as it was going to make me late back, after a heated row I handed my notice in, now for the crunch part and my dilemma, 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.
If you finish now you need it in writing to go to Court. Otherwise be back after Holiday.
mc thackeray:
If you dont belive me ask Mick from Liverpool (one of the mods)
No word from Mick from Liverpool yet…
Contraflow:
mc thackeray:
If you dont belive me ask Mick from Liverpool (one of the mods)No word from Mick from Liverpool yet…
Err 71 words, 10 posts up. 
fdm:
Why would anybody take a job where overtime is not paid?
Speak to any Jewson / Saint Gobain driver - up here anyway.
Same situation after your finish time, you get paid diddly squat, but they sent you out again knowing you’ll be late.
And yes, I’ve even heard the ‘it’s only 2 inches on the map!’ with my own ears from the planning office staff. 
I worked 14 hours today and despite finishing all my drops was still expected to go and get the lorrys’ 6 weekly inspection done. The thing is I’m only paid for 11/day so I rang the garage and told them I wouldn’t be attending. It might be done tomorrow if I can get 11 drops done and the inspection and parked up by 11 hours.
There’s always Thursday and Friday or someone else can take it Saturday when they wash it for me
f I was you after your holidays turn in for work as usual let your boss make a decision…if you don’t he could sack you for not attending then get summat in writing then take it from there…what you did is not sackable unless you on final warning…been there me sen and I was a shop steward
dreamlands2001:
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
If you are serius about taking them to court
come back hear after your holidays and when you have seen your final pay slip
And post some more info; like the exact conversation you had with your boss when you handed your notice in
And the coversation and arrangement you had with your company about arranging your holiday
Dipper_Dave:
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.
Are yes the art of bigotry
If I wanted that I could of gone to the bar at red lion truckstop
Conor:
dreamlands2001:
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)Where have you got this figure from?
Contraflow:
mc thackeray:
If you dont belive me ask Mick from Liverpool (one of the mods)No word from Mick from Liverpool yet…
Sorry I completely got that wrong again “I mean Mike”
to much of that hobgobbling again
He was on hear earlyer though
Mick or Mike i get both, and a lot worse ! 
But keep me out of it, i know nothing !!
Left hand down!:
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 [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.
If you mean i am old school in the sense that i would have waited for the load, knowing when i got back i was on a weeks holiday, then carry on calling me old school, i am not however a goody two shoes who bows to every whim, and i have reacted to similar situations, but BEFORE i left the yard, and not whilst i am already at the collecting point, and i still think he was out of order.
Harry Monk:
If you are contracted to work until 17:00 then your employer is in breach of contract by expecting you to work beyond 17:00 and if your employer has sacked you then you have a good case for constructive dismissal.
Definately in Breach of C.O.E.
he has to pay you if its their choice to finish you their and then do not walk away. Take him to a small claims court for your money costs less than £100 and they have to pay costs too when you win.
cant believe people would walk away no wonder these employers treat drivers like idiots.
Fatboy slimslow:
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.
he’s going on holiday tomorrow ■■■■
they tried to shaft him
another rimmer
stop trolling plambert
Yes, it was a bit rash of me, and not very measured. Apologies to the OP. However, as mentioned things do change in this game, some within the control of the company and some not. Perhaps when he comes back from holiday he’ll have time to reflect on how he may have managed it better - and have a months money in his pocket.
Suggesting in the morning to the planner that he needs to be back and perhaps sending him on a long run won’t achieve that, may be one way it may have been managed better.
Perhaps the poor chap is being exploited by not having any OT in his contract, but he did take the job. I do agree however that there needs to be a bit of give and take on each side of the employer/employee relationship, but assuming you’re going to be finished when you - or the planner - wants to be, is asking for some trouble at some point. Quite unforgivable bringing a truck back unloaded and not very professional. From Poole not so bad but I have heard of a driver coming back from Italy empty because he was upset - he must have been really upset, having two days to shout at himself!!
Mike-C:
Mick or Mike i get both, and a lot worse !But keep me out of it, i know nothing !!
I know lets invite pat on hear LOL
No second thoughs best not; gutts for garter job
dreamlands2001:
the job is on a fixed salary ie no pay for overtime (day work only, 7.30am till 5pm)
You need to check your CoE. I’ll be amazed if it says 0730 - 1700 without conditions. I would expect it to say that the hours of employment are 0730 - 1700 but there will be occasions when flexibility is required. If there is nothing like this in your CoE you may have a case.
cav551:
Not in Thatcher’s Britain it isn’t.
FFS give it a break will you!
