Afternoon people had a bit of bad news this morning iam gonna loose my job in two to four weeks, because the company i work for has decided that it is cheaper to bring a haulier in than have there own drivers. They have told me i can have a job inside making windows or something but iam a driver it just doesn’t work for me.
Does anybody know weather the haulier has to offer me the job, the only reason i ask is because how can you loose your job when it is still there iam pretty ■■■■■■ of cos i was was earning nearly 500 a week on class 2. i have a class 1 now but there doesnt seem to be anything with any good pay, unless you have two years experience.
If anybody can help with any of this then i would like to hear from you, maybe you know of some decent jobs in my area(northwich).
P.S The haullier is somebody called cargo carrirs.
THANKS
Sorry to hear of your predicement, but the job you are doing ends with the demise of the own fleet operation. The contracted haulier has no obligation to offer you a job, although it may be worth applying to them, as you have the relivent experience, but there again, they may not accept applications from previous employees of the client, due to wanting a clean sheet.
To be honest, with the current way things are, wouldn’t lose too much sleep over it. If needs be sign up with an agency while you look around for something else.
I have an agency getting back to me on tuesday will see what they say they mentioned the daily mail in stoke, night trunking so that may be worth a go.
thanks
Maybe you’ll find something there that states they’ve got to offer you a job with the new operator? In particular a bit near the top reads…
“The Regulations preserve employees’ terms and conditions when a business or undertaking, or part of one, is transferred to a new employer…”
then
“Employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contracts of employment had originally been made with the new employer. Thus employees’ continuity of employment is preserved, as are their terms and conditions of employment under their contracts of employment (except for certain occupational pension rights).”
the legal aspect may get you where you want (in the same job) but how long will it stay that way, quite often when transport companies take over a job like this they implement their own way of doing things and whilst you may like the job now once the other company take over will you still feel the same?
what is the redundancy being offered to you?
would you be better taking the redundancy pay then applying for the same job your doing now with the new company, that way if you don’t like it you won’t lose your redundancy pay be leaving.
terms and conditions may stay the same under tupe but working practices almost certainly won’t.
the other side is that you will be seen as a trouble maker by the new company if you go down the legal route and they may even make it hard for you on purpose just to force you to leave.
Maybe you’ll find something there that states they’ve got to offer you a job with the new operator? In particular a bit near the top reads…
“The Regulations preserve employees’ terms and conditions when a business or undertaking, or part of one, is transferred to a new employer…”
then
“Employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contracts of employment had originally been made with the new employer. Thus employees’ continuity of employment is preserved, as are their terms and conditions of employment under their contracts of employment (except for certain occupational pension rights).”
It looks to me like you might have a case.
I think this legislation only takes effect if the company was being entirely taken over. In WHARTY’s case the company appears to be getting rid of it’stransport side and contracting out the work which is different. Good luck though.
Your employer is trying to pull a fast one.You are protected under the legislation and when your bosses or the new company realise you are aware of that fact the deal for the new company to take over might fall out of bed.How much do you want to keep the job is the question now? I assume because you are asking the question here that you are not a member of a union which is a shame as you would have access to good,cheap (probably FREE) legal advice.The alternative is to contact a trade union office to ask for the phone number of a legal eagle EXPERIENCED in employment law a book an appointment PRONTO!
the job is still going to be undertaken, but by a different company.
Under TUPE regulations, I beleive that they have to transfer the staff to the new haulage company on the existing terms and conditions, of which they cannot legally make any changes, like reducing your salary unless they give the required 90 days notice of their intention to do so.
The only other options is to offer redundancy if the staff do not wish to transfer, but redundancy cannot be forced upon anyone as the role is still in place.
Bit sketchy I know, but the fundamental points are solid, get it checked out by an employment solicitor or your union, all is not yet lost
When MRS took over the transport at Mondi, Coalville. the lads who were drivers at Mondi had to be taken on as part of the package AND on the same wages and conditions that they had whilst employed by Mondi. You wont get any redundancy this way, but you should be able to earn the same money as youre getting now, and I think this applies for a year. It might be worth getting in touch with your local employment office for more info
Regards
Trev
I can’t help with the legal side, but when I was looking for a C+E driving job a few years ago, all the agencies I contacted wanted two years experience.
I told them all I had six years experience on rigid skips & tippers, but had hardly ever driven an artic outside the yard.
They weren’t bothered what the experience was, as long as it was two years.
So if you do decide to move on, it would be worth asking exactly what experience the other employers need rather than just assuming you haven’t got it.
want to be carefull on this one,in so much as your employer as offered you other employment within in the company.though most companys that farm out there haulage offer driving work with whatever haukage company takes over.if so you are protected under T.U.P.E.
join the U.R.T.U quickly.
WHARTY:
Afternoon people had a bit of bad news this morning iam gonna loose my job in two to four weeks, because the company i work for has decided that it is cheaper to bring a haulier in than have there own drivers. They have told me i can have a job inside making windows or something but iam a driver it just doesn’t work for me.
Does anybody know weather the haulier has to offer me the job, the only reason i ask is because how can you loose your job when it is still there iam pretty [zb] of cos i was was earning nearly 500 a week on class 2. i have a class 1 now but there doesnt seem to be anything with any good pay, unless you have two years experience.
If anybody can help with any of this then i would like to hear from you, maybe you know of some decent jobs in my area(northwich).
P.S The haullier is somebody called cargo carrirs.
THANKS
Expressdairy has all Night a run in direction Norwich.
pay about £10.-/Hour and would need about 12Hour work a night plus Break,
Ok as for 3on/3off with agreement of till 15hour/Night
You may get the Job,have after 3off the first Day of new Shift as 4th Day of week.
So,at last 4 Day work each Week by 48 till 60 Hour paid (isn’t that bad),and three Day off(isn’t that bad either),and you do more paid Day’s/Year as by 4on/4off
Expressdairy in ashby is in Smisbyroad and known as Arlafood
Just talked with one
ASDA in Lutherworth pais about £8.50/Hour plus 31.- per dark hour and has as well Shops to delivery in your area,but ASDA won’t give you your Homeroute
Job’s as posted here may give you enough income and security as i would like it with all plus of an employment.
I was made redundant at the end of july when WINCANTON lost a contract through retendering pricing.
I had thye opotunity of transfering under TUPE to the new hauliers, BUT decideed not to (stating I didnt have siutable personnel transport to travel 13.5 miles to the new hauliers yard), hence I was made redundant by the new hauliers. and apart from taking 1 week off, to allow me a break and to sign up with a couple of agencies, I aint been out of work since then, everybody and their grandad are always ringing me up and offering me work.
I also have the ability to work as & when I want too.
but being made redundant ain`t the end of the world
and good luck with finding work 