I am 25, CPC Complete… Driver for a local company (temperature controlled distribution) my Dad is an owner driver haulier.
Being in the trucking industry from a young age - I have gathered a wealth of knowledge and experience and have always took on board tips and advice from all.
I do have an issue with the company I work for - I would like some advice regarding a grievance I have raised (can I post my issue on here) so others can learn from it…
Raise/share the issue but don’t name the company. I had a bit of a ding dong with my old employers. Best thiing sometimes is to just bite the bullet and get on with it. But to make sure that they don’t walk all over you.
I think Jonny meant for you to post the issue on here, co’s we’re all fascinated to know what it is now !
I won’t be able to sleep tonight if you keep us all in suspense !
Sorry! Seems it never shown up… I will keep it short and sweet (I hope)
The company I drive for have me a run requiring 2 drivers. My driving period was nearly up and my Transport Manager called and instructed me to keep my Driver Digi Card removed from the Vehicle Unit… I said ummm No I am still at work carrying out change of activities etc etc loading, unloading my card must legally be inserted into driver slot 2 on the vehicle unit. His response was that he can ensure I am sack for not following instruction (gross misconduct)
I kept my card out the rest of the day (illegal and totally wrong I get that) when we rolled back I. To the depot I had started work at 05:00 till 18:30 hours I was then told I would be leaving for tomorrow’s run at 00:01 needing to be in the depot at 23:30 hours… This gave me about 5 hours off work, when I explained toy transport manager this is all 110% illegal I was then told again if I didn’t do it he has authority to sack me without notice! I was told I can sleep till we arrived at our 1st drop at approx 04:00 hours (sleeping in a moving vehicle is also illegal) I have done all the above for the sack of keeping my job!! What’s your views / similar experiences - I have raised a formal grievance and took legal advice the hearing is Weds 17th of April
It became aparant that I was required to keep my card removed - that was it was show I stopped work at say 11:30 then returned the next day / 24 hour period clear. My transport manager saw no wrong in the situation… That we’re short a driver of the 2nd day so got a driver (me) to remove his card on a double manned run then it looks legal! I have raised my grievance containing all legal legislation etc
I’d of informed vosa of him trying to force you to break the law, after all it’s your license/arse on the line if YOU get caught. Also telling him to shove his job up his arse.
Thanks bud, i am following the system keeping the right side of things to keep my job - It sounds nuts but also, what are the rules on driving a company vehicle based on a driver exceeding daily driving / duty limit… For example a man n van meeting you in a side road or services swapping over and the lorry driver drives the van back to the depot.
steve_thomson:
Thanks bud, i am following the system keeping the right side of things to keep my job - It sounds nuts but also, what are the rules on driving a company vehicle based on a driver exceeding daily driving / duty limit… For example a man n van meeting you in a side road or services swapping over and the lorry driver drives the van back to the depot.
steve
Driving a company van is deemed as other work for the EU regs and must be recorded by law
Tell boss that you are quire amenable to doing what you are asked to do but you require it in writing on comapny headed paper and signed by boss or if that does not work then get a phone that records conversations and let boss know you have it on tape afterwards
Also write it down, if you have any dealings with said manager. Or if he threatens you with your job for not breaking the law, write it and record it all down. The more ammunition you can get, the more it will go in your favor!
I have wrote everything down and put in a formal grievance against the transport manager - he gets a chance to answer the questions etc etc i supported documentation written code of practise and legislation from vosa website etc etc outlining all the laws broken - just got to wait and see what happens Weds
How long have you worked for this ‘Cowboy’ oops sorry, Company ?
If you have only been there for a short while they can probably let you go whenever they like.
If you’ve been there for over 2 years ( I think) you should be able to sue for Constructive Dismissal.
Either way you have got him by the Short & Curly’s, he can’t ask you to break the law, as others have said get as much evidence as possible.
Then you’ve got a couple of choices.
Fire all your Guns at the hearing, explaining everything that the TM has asked you to do. Then you might get the backing from senior management or sacked.
Accept everything he’s asking you to do. Then you will be in jeopardy, looking over your shoulder all the time for that little knock on the door from our Good Friends at VOSA.
Either way, if you are in a Union, you need to get a Union Rep & their legal team on your side or get a trusted work colleague to witness the hearing/take notes, they will be useful if the worst happens. Check your car & house insurance to see if you have got legal cover, they will be able to advise better than our ‘Bar Room’ lawyers. Lol !
Thanks for all the comments and advice - I have a legal company and vosa accredited solicitor who is already in the click. I have to play it very careful due to the nature of what’s happened. I fully understand I can and am personally liable for any fines / prosecution if imposed due to the infringements - I’m sure that if I was to take this to court the powers at be would see I have a very strong case and enure the company fully liable…
Another quick question
a driver is is anyone who drives a vehicle or is carried on the vehicle in order to be available to drive. So, regarding daily rest period being reduced from minimum 11 hours to let’s say 9 hours (no more than 3 times a week) my main issue is that it clearly states A DRIVER may reduce his daily rest period to no less than 9 continuos hours - so what rights does a transport office, manager, planner have to just put a driver on a run in 9 hours time from his last. If I don’t feel capable to drive after 9 hours off work surely I can refuse to drive any vehicle and ensure I take 11 hours rest.
You are correct that it is your responsibility to manage your rest periods.
I have come across this situation once with an employer and they weren’t too happy when I told them I wanted a full rest. But they backed down in the end
Does vosa have a national call centre or what aids are available to drivers who are facing such issues…
I don’t want to leave the company I work for the salary is good the drivers are great it’s more the fact the transport department have serious problems!! I wish I could just sit them down and explain the issues but they don’t want to listen
