tobytyke:
Diesel Dave & Lucy you can think what you like
It’s not a question of anybody “thinking” what they like. As I wrote in my last post on this topic, it is a question of what is written in the contract of employment. Below is a quote from the relevant STATUTE LAW on the subject. The quote is an extract from the list of items legally required to be included in an employment contract:
The Employment Rights Act 1996 s.1(4)(c) [ERA 1996]
(c) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),
tobytyke:
but this guy is thinking along the right lines,
I’ve quoted my source for saying that it’s a matter of contractual arrangement. What is your quote for your comment
tobytyke:
its all about fair & reasonable,
Yes, it’s all about fair and reasonable, PROVIDED that it’s in the contract in the first place. This industry has been around for decades, so most wise employers have defined “fair and reasonable” in the context of THIS industry. It is ALSO established law that “custom and practice” are taken into account when an Employment Tribunal considers the fairness of a dismissal under ERA 1996 s.98.
To sum that up, a driver refusing overtime renders him/herself liable to an employer’s disciplinary procedures, up to and including dismissal, for refusing overtime, if it’s in the contract. Those are the rules, so if you won’t abide by them, your hard earned cash spent on training would be wasted, because you’d have extreme difficulty holding down a job. It’s hard enough for newbies at the best of times, but a newbie with an attitude problem won’t last long- I guarantee it (BTW you need a year of service to gain protection against an unfair dismissal. Your present attitude would come to the attention of an employer in a lot less than a year, so whilst I too wish you luck, I have a feeling that you’ll need it.)
Can you now accept that the haulage industry’s take on overtime might be at variance to your experience in any other industry There is very good reason for this to be the case.
I’ve seen your posts in other forums sometimes asking for advice, which many people on here would gladly offer, but doesn’t it seem strange to you that somebody so new to the industry would offer such entrenched comments, without offering any factual or legal basis, on this topic
Same question again, by what qualification/knowledge/experience in the industry do you back up your views
I’m ALWAYS prepared to be wrong, are you
You mentioned “fair and reasonable” not a bad phrase to use, but it also applies to this discussion. Fair and reasonable people on here are speaking/writing from experience/legal basis/qualification and would be prepared to back up their comments somehow. It is for you to decide whether you wish to talk or listen or discuss, but please consider engaging the brain first…