Sent: Sat Feb 15, 2014 7:50 pm
First-Lane-Hog wrote:
Has anybody had or got a similar situation to me ■■?
Let me put you in the picture !!! (shortish version)
I have been employed by a multi-national company (no names mentioned) for the last 6 and a half years as a HGV driver, when I started there was a small team of us (basically 4 artic tramper drivers and a class 2 driver) operating on a dedicated delivery service for our customer.
Over the past few years drivers have left and not been replaced, vehicles have been de-hired, and since the recession started shipping levels are not what they were, to the degree that basically I am now the last employed tramper driver, and operating on 1 unit and 2 trailers, and 1 night time agency driver who is in a 7.5t.
Since last June 2013 the company I work for has had another multi-national haulier in covering the same work as I do as a trial.
Obviously I could see the writing on the wall…
This week I was called up stairs for a informal chat, no idea what it was about until i got up there but im sure you can guess whats coming…
This is what i was told, all work is being subbed out, your unit and trailers are being returned to the hire company, and the 7.5 is being replaced with a 18 tonner, you need to decide whether you want to do the night shift or day shift !!! there will be no nights out any more, the other company has said there is no TUPE available as they are not willing to take on any future redundancy responsibility for me.
I asked to be made redundant and was told that it is not an available option at this moment in time !!!
So he wanted a answer there and then but I said I will have to talk to my wife.
So the situation is that im set to loose, £300 night out money and approx £700 worth of overtime a month…I feel like jacking but thats probably what they want me to do…■■?
I feel like im being pushed towards the gates…
any help please…
Were you employed as a tramper when you started? Does your contract give them the ability to switch your hours to nights?
Sadly theres not likely to be any proper lawyers on here, only those with misinformed opinions or armchair lawyers. Do you have legal cover on your household or car insurance. Are you a member of a union? Most of these offer 30 mins free advice. Speak to a proper lawyer before you have any more negotiations with your employer. Do not agree to or sign anything until you have.
m1cks:
Were you employed as a tramper when you started? Does your contract give them the ability to switch your hours to nights?
Sadly theres not likely to be any proper lawyers on here, only those with misinformed opinions or armchair lawyers. Do you have legal cover on your household or car insurance. Are you a member of a union? Most of these offer 30 mins free advice. Speak to a proper lawyer before you have any more negotiations with your employer. Do not agree to or sign anything until you have.
Cheers for the reply, so do you think it is as bad as I do ■■?
m1cks:
Were you employed as a tramper when you started? Does your contract give them the ability to switch your hours to nights?
Sadly theres not likely to be any proper lawyers on here, only those with misinformed opinions or armchair lawyers. Do you have legal cover on your household or car insurance. Are you a member of a union? Most of these offer 30 mins free advice. Speak to a proper lawyer before you have any more negotiations with your employer. Do not agree to or sign anything until you have.
Cheers for the reply, so do you think it is as bad as I do ■■?
Originally, I was taken on a one week on nights and then a week on days alternating week on week.
But it dosnt state that on my contract of employment, like wise the job was advertised and I took the job as a tramper although again my contract dosnt state that either. all it says is LGV Driver, and just says must be flexible with hours of work !!!
I asked and “He stated that they are not altering my T&C’s and rate of pay is staying at my current rate”.
You are being, what is called “managed out” of the business in order to cut costs. You are a problem to them & trust me on this . . . they have paid lots of money for some specialist advice on how to go about getting rid of you.
If you want to fight it then it’s possible to win, you win either a huge payout or you get to keep your job.
To win the huge payout you would have to stake a significant amount of your own money to secure trusted, respected & experienced legal advice, this is very similar to gambling on the Gee Gee’s. Some punters win, most punters are ■■■■■■■ in the wind.
If you get to keep the job . . . well, would you want to continue working for such scum?
Would you have any difficulty in finding a new job? Even if it might be on slightly less favourable terms?
Hi mate, I sympathise with your position but you really need legal advise from an employment law solicitor. No one on here will be able to give you an accurate assessment of your rights (unless they are a solicitor) hth
They may not be altering your T&C’s or pay but there is a substantial change to your working hours. This is where an employment specialist will come in. There may be some legislation that says 6 years of days and then a change to nights is not reasonable. You may not be able to work nights due to family commitments so their demands could be classed as unreasonable.
First thing Monday ring the ACAS free helpline (Google), they will give you it to you straight what is your company can and can’t do. They certainly can’t get you to make on the spot decisions or change your conditions or pay structure prior without consultation. Tell them you’ve contacted ACAS it should get them off your back!! TUPE rules changed this month but the basics are the same and you are fully protected. They are there to make sure both parties do things properly. Don’t agree to anything, not even a meeting, till you’ve talked to them. If they want to talk there’s no such thing as ‘informal’ they must notify you in advance and you are entitled to a witness , usually a work mate. ACAS will give you all the info. Good luck!
turbot:
Hi mate, I sympathise with your position but you really need legal advise from an employment law solicitor. No one on here will be able to give you an accurate assessment of your rights (unless they are a solicitor) hth
Wolfe:
First thing Monday ring the ACAS free helpline (Google), they will give you it to you straight what is your company can and can’t do. They certainly can’t get you to make on the spot decisions or change your conditions or pay structure prior without consultation. Tell them you’ve contacted ACAS it should get them off your back!! TUPE rules changed this month but the basics are the same and you are fully protected. They are there to make sure both parties do things properly. Don’t agree to anything, not even a meeting, till you’ve talked to them. If they want to talk there’s no such thing as ‘informal’ they must notify you in advance and you are entitled to a witness , usually a work mate. ACAS will give you all the info. Good luck!
Thanks will do.
Ive got nobody to turn too where I am they nobbed the transport manager off 12 months ago, and I now report to a lad they pulled out of the warehouse, no transport knowledge, not even got a car licence…(no disrespect too people who cant drive intended) “o” licence held at another site.
If I told you who I work for and the world wide brand I deliver for you all would be what a shambles
Most solicitors will give you 20-30 min free advice so contact an employment law or 2 ask them the question ( if it were me I would write them down so I wouldnt forget )
The job you were originally taken on to do is no longer there
the company have offered you other employment within the remit of your experience and credentials
If your original contract whether verbal or written was for basic hours and then overtime and nights out if required and you are still to get the basic hours at the same rate of pay then the company have fulfilled their legal obligation
That’s how I see it but I am certainly no legal expert on employment law
Chas:
You are being, what is called “managed out” of the business in order to cut costs. You are a problem to them & trust me on this . . . they have paid lots of money for some specialist advice on how to go about getting rid of you.
If you want to fight it then it’s possible to win, you win either a huge payout or you get to keep your job.
To win the huge payout you would have to stake a significant amount of your own money to secure trusted, respected & experienced legal advice, this is very similar to gambling on the Gee Gee’s. Some punters win, most punters are ■■■■■■■ in the wind.
If you get to keep the job . . . well, would you want to continue working for such scum?
Would you have any difficulty in finding a new job? Even if it might be on slightly less favourable terms?
Thanks for your sound advice, I will see where I stand after my phone calls Monday, obviously I could see the writing on the wall as to which way it was going for me
Yet have still remained a loyal,hard-working employee for these as you rightly say “SCUM” I have to behonest I have been hanging on for any potential redundany and also it was a pretty cream job as such.
I have this week sort of finally realised that it is time for me to move on, but feel that why should I be pushed out.
Thanks I will try to,
what a shambles 
way it was going for me