I work for a large well known company. I’m on a casual contract (0 hours, by choice). I give in my weeks working pattern the previous week so they have between 5 and 9 days notice of my word and accept it.
Anyway, the problem I have been given today is this;
I have today worked a 12 hour shift finishing at 6pm. Its been 2 days of quite physical work and I’m tired. I’ve asked for a start time for tomorrow and a planner has given me 4.30am. To which I said I wasn’t prepared to reduce my daily rest. He’s then got arsey with me and said “Either come in at 4.30, or dont come in at all”. An operations manager has then joined in the conversation and said that because I am casual, I am required to come in at the time they have work for me or there is nothing I can be given.
I’ve gone mad about this. Surely they can’t threaten me to reduce and get away with it. And does the fact I’m on a 0 hour contract change the law?
I want to take this up with the company and I feel my time working there is coming to an end. So if I could cause some of them some hassle before I go I’d be happy.
I’m looking for a legal answer on this if anyone knows. Don’t really want opinion because it could lead me down the wrong path. Anyone know a bit about this?
Well the short answer is yes, if you can do it within drivers’ hours rules, they can require you to start at 0430. In fact, they can require you to start at 0300 if they want. You of course have the right to refuse to do this, e.g. on the grounds that you are tired, but the legal position is that you would be refusing to carry out a reasonable instruction. I’m not saying I agree with this, but legally that’s the way it is.
They’re not asking you to break the law and they have effectively given you first refusal on a job which you have turned down.
If you’re not prepared to do it or have other commitments that stop you doing it then they are perfectly entitled to offer it to other employees or cover it with agency.
Harry Monk:
Well the short answer is yes, if you can do it within drivers’ hours rules, they can require you to start at 0430. In fact, they can require you to start at 0300 if they want. You of course have the right to refuse to do this, e.g. on the grounds that you are tired, but the legal position is that you would be refusing to carry out a reasonable instruction. I’m not saying I agree with this, but legally that’s the way it is.
But if they honour it for other drivers (happened to 2 lads i was in with before I left). They were given 4.30. refused and said they’d be in at 5. So as a company surely they have to be consistant?
Plus I’ve refused this many times over my time there and its never been a problem. Just adjusted to 11 hours from my finish. But this time a planner has threatened me. And then been backed up by Ops who dont want to admit he was wrong as they’d have to deal with it.
If your that tired go to bed early your be able to get up no problem ,I get fed up of reading stuff by winging drivers on here ,try being an owner operator then you will realise just what a piece of pi$$ driving for a firm really is .
m1cks:
They’re not asking you to break the law and they have effectively given you first refusal on a job which you have turned down.
If you’re not prepared to do it or have other commitments that stop you doing it then they are perfectly entitled to offer it to other employees or cover it with agency.
But should they not offer me a later job? Why should I be constrained to a job that requires me to reduce when there is work all morning. I’m hardly ever in work at 4.30. A couple of times in the last year. So why are they threatening me like theres no work afterwards?
Punchy Dan:
If your that tired go to bed early your be able to get up no problem ,I get fed up of reading stuff by winging drivers on here ,try being an owner operator then you will realise just what a piece of pi$$ driving for a firm really is .
Work life balance…?
You must be a joy to work for. And if there was any kind of give and take with these ■■■■■ then I might be inclined to be flexible. But they dont deserve it.
Harry Monk:
Well the short answer is yes, if you can do it within drivers’ hours rules, they can require you to start at 0430. In fact, they can require you to start at 0300 if they want. You of course have the right to refuse to do this, e.g. on the grounds that you are tired, but the legal position is that you would be refusing to carry out a reasonable instruction. I’m not saying I agree with this, but legally that’s the way it is.
But if they honour it for other drivers (happened to 2 lads i was in with before I left). They were given 4.30. refused and said they’d be in at 5. So as a company surely they have to be consistant?
Plus I’ve refused this many times over my time there and its never been a problem. Just adjusted to 11 hours from my finish. But this time a planner has threatened me. And then been backed up by Ops who dont want to admit he was wrong as they’d have to deal with it.
Which makes sense if there’s other runs to cover. If tomorrow’s load is time sensitive and there’s no other work then there’s no requirement for them to use you.
That’s the advantages/disadvantages of 0 hours contracts.
Pretty much the only way you could effectively argue unfair treatment is if you suspect they’re discriminating against you due to your race or gender.
the tail don’t wag the dog…your getting 9 hours off,stop being a fanny…if they wont accommodate you as they do the other drivers…theres your sign…whinging fanny. 2 days of quite physical work…no doubt legal hours…says it all
m1cks:
They’re not asking you to break the law and they have effectively given you first refusal on a job which you have turned down.
If you’re not prepared to do it or have other commitments that stop you doing it then they are perfectly entitled to offer it to other employees or cover it with agency.
But should they not offer me a later job? Why should I be constrained to a job that requires me to reduce when there is work all morning. I’m hardly ever in work at 4.30. A couple of times in the last year. So why are they threatening me like theres no work afterwards?
Because they can, is the simple answer. Your requests for legal viewpoints and such mean nothing; they have not asked you to do anything illegal and that is as far as that avenue goes.
You seem to think that you are entitled to work whatever start times suit you, and that the company should alter its plan to suit you too. But then when the boot is on the other foot and they need you to flex a bit, it reads that you throw a huge hissy fit and demand that they explain themselves and the ‘legal view’ gets brought up. Don’t work like that, unfortunately, although it does serve a useful purpose, and that is to remind me how glad I am to be away from haulage and all the childish whining that some drivers cannot help doing.
So you finished at 6pm and dont want to start at 0430 because you’re “a bit tired”?
Oh boo hoo. Have a nice wee lie down pet.
If you dont want to do it then dont, the choice is yours. But dont come on here whinging because you’ve refused (again) to come in at the time they want. What they’re asking is hardly unreasonable.
Grow a pair or get an office job
Your user name gives the impression that you are a male but your words are that of a 6 year old girl
If you want a job with regular start times, become a lollipop crossing patrol, get a lye in, home for lunch, a short stint before tea. As for the legalities of your situation, your zero hour contract will be an accurate description of the hours you get.
You’re not suited for this industry. Your employer has not asked you to do anything illegal and as long as you want a job I would just get on with what your employer wants you to do. And of course the ’ I am not going in on principle’ makes you look like another work shy knuckle dragger, which the industry is stuffed with.
