The OP’s company should pay their drivers overtime if they go over their hours and this would have been avoided. They might even be able to hold on to drivers for a good length of time. I’d have gladly told them to get f***ed. I’d probably have done it before leaving the depot though. Then they would’ve had the chance to send me somewhere else.
without seeing the op,s contract (for what its worth) or the terms and conditions we are all only guessing, however I cannot see a company that is involved in transport giving out the above with set daily hours without having some sort of get out clause…
I would have thought coming home empty will class as gross misconduct .i don’t know many firms that will stand for that. I cant see how being an hour or so late home will have ruined the chaps holiday. and he does not say how often he gets back to the yard early and shuffles of home sometimes its swings and roundabouts. I would have thought his contract will have said something like normal hours of work being 07.30 to 1700
mc thackeray:
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
Oh pleeease, as you have now been exposed as a weak troll your posts should be disregarded. Anyone who is unsure of their legal position regarding unfair / constructive dissmisal should seak real world legal advice. Heck a call to ACAS or the CAB will be better than the rubbish this numpty has come out with.
just a thought.
If the OP drove the vehicle home after being told not to, was he insured?
del949:
just a thought.
If the OP drove the vehicle home after being told not to, was he insured?
He apparently returned the vehicle to its base like he does every day ? Why would he not be insured ?
They’'ll pay you lad no bother, if everyone had a backbone like you and stopped company’s taking the pee and stood up to them, drivers would have much better pay and conditions, too many brown nose truck w@nkers in this game
He apparently returned the vehicle to its base like he does every day ? Why would he not be insured ?
He drove it after being told not to. I would imagine the insurance is only valid if driving with the owners permission.
Which he didn’t have at that time.
del949:
He apparently returned the vehicle to its base like he does every day ? Why would he not be insured ?
He drove it after being told not to. I would imagine the insurance is only valid if driving with the owners permission.
Which he didn’t have at that time.
Of course he will have been insured as he hadn’t been sacked and was still an employee. Imagine the chaos, if refusing an instruction by your boss invalidated the vehicles insurance. What if the instruction meant you had to break the law, driving hours or WTD? That’s, frankly an absurd suggestion. If it did invalidate it though (which it wouldn’t have) or he was sacked on the spot, the company would have a duty of care to get the driver back home safely anyway, which would cost them even more.
Dipper_Dave:
mc thackeray:
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 jobOh pleeease, as you have now been exposed as a weak troll your posts should be disregarded. Anyone who is unsure of their legal position regarding unfair / constructive dissmisal should seak real world legal advice. Heck a call to ACAS or the CAB will be better than the rubbish this numpty has come out with.
Oh pleeease dont flator your self, I am a serial troll and have a reputation for saying the wrong things at the right time
Yes lets all join early consoltation with ASCAS and listen to the usual lieing cheating theifthing backstabing bull that they come out with
chocolet fire gaurd springs to mind
Im only telling the OP what I think he should expect
so go don to the citizens advice burow and find the info he needs
ACAS=Jobs for the boys
del949:
He apparently returned the vehicle to its base like he does every day ? Why would he not be insured ?
He drove it after being told not to. I would imagine the insurance is only valid if driving with the owners permission.
Which he didn’t have at that time.
Well Insurance usually covers any employee , i’ve never seen any terms as to only being valid unless being micro managed in some way. Its absurd to think a driver pulling into a services for a break may not be insured as his employer never authorised him to stop?
But it raises an interesting point (for me anyway!!). If being employed is working for renumeration and with some sort of employer agreement. How do you stand when you’re working outside of your contracted hours and not being paid? 
Also working for free would appear to be contrary to the National Minimum
Wage legislation. It also puts the Operator at an unfair commercial advantage over Operators who do pay their drivers.
If an employer tries to force someone to work longer than agreed for no pay, then i’m thinking “Blackmail” which is a crime in itself. You’re wondering about Insurance? 
mc thackeray:
Dipper_Dave:
mc thackeray:
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 jobOh pleeease, as you have now been exposed as a weak troll your posts should be disregarded. Anyone who is unsure of their legal position regarding unfair / constructive dissmisal should seak real world legal advice. Heck a call to ACAS or the CAB will be better than the rubbish this numpty has come out with.
Oh pleeease dont flator your self, I am a serial troll and have a reputation for saying the wrong things at the right time
Yes lets all join early consoltation with ASCAS and listen to the usual lieing cheating theifthing backstabing bull that they come out with
chocolet fire gaurd springs to mindIm only telling the OP what I think he should expect
so go don to the citizens advice burow and find the info he needsACAS=Jobs for the boys
That can’t be correct, surely it would be JFTB not ACAS.
This thread has to be the funniest on here at the moment, the spelling alone has me returning every day. It’s so bad it must take time to get that bad every time. Quality trolling my man, quality trolling.
Only wondered about insurance in a general way.
If you are driving the vehicle when your employer has told you not to do , does that mean that technically you are ‘taking without consent’ which I imagine would mean you are uninsured.
i agree that common sense says otherwise but the law is not usually based on common sense.
I think Del that as the driver is working in his contracted hours, doing what he is normally doing, and returning to base as he normally does then the issue of consent is not actually an issue.
I would think generaly the only things that could invalidate the Insurance is provisions expressley forbidden in the policy, usually racing, pacemaking, trialling etc…Driving without correct licence for vehicle etc…
doing what he is normally doing,
possibly that might be the crucial point.
It seems that the OP was not doing what he normally did. He was returning to base after being told not to.
Normally he would be doing what his boss had told him to do.
i know that it is all a bit academic and pedantic but was something that crossed my mind when reading the earlier posts
Bradford1978:
They’'ll pay you lad no bother, if everyone had a backbone like you and stopped company’s taking the pee and stood up to them, drivers would have much better pay and conditions, too many brown nose truck w@nkers in this game
This ^^^^^ 100%.
Well I’ve had a cracking holiday not even thinking anything about work (or not in this case lol) and I’ve come back to a letter from the said employer, he’s accepted my notice and is paying me up to the end of it, result. the next part is what/how much can he say to my next employer reference wise, ie reason for me finishing?
I thank EVERYBODY for taking time to post on my post and I have read all the replies.
He cannot write a derogatory reference about you. The only thing they can put which is negative is statistics - for example, you were late 99 times out of 100 or your attendance is 74%
Most employers would be deluded to think every employee / employer split was amicable so most references would be taken with a pinch of salt. The company I work for does not issue references at all for any ex-employee.