Stitched Up

At the end of last week, I was given the news that I would have to night out on Monday and possibly on Tuesday too. The Monday was unavoidable and I accepted it as a necessary evil but the Tuesday night could have been avoided by getting the material to site 0730 Wednesday rather than 1730 Tuesday, i pointed this out but was told to go anyway.

Now when I refer to getting overnighted it involves the following, do as much as you can before you have stop and then try and find some accomodation (Travelodge etc) with a carpark to leave an 8 wheeler in (Only day cab). Once you have found somewhere suitable with a vacancy, pay for your room and meal and claim it back on expenses. Oh and get no extra money for your trouble.

I wasn’t very happy about the two nights away and said so, but still went and did them anyway.

When I applied for the job it was advertised as no nights out. This was discussed at interview and I said I wouldn’t mind an occasional one with a bit of notice if it was necessary (ie. delivery to Cornwall) I was told that there had only been 1 night out in 5 years.

In August they overnighted my on the Isle of Wight, and expected me to find accomodation on arrival in th elate afternoon during Cowes week. Reluctantly they booked me a room and assured me it was paid, it was booked but not paid so I had to pay and claim it back. There was no reason why I couldn’t have gone the next day and been on site at the same time, but it was too important to leave to chance. However it was not so important to them to give me anything for the agro of doing it, I am not bothered by the money only the principle.

It caused a bit of a rift and I was told by the HR man that the work load was changing and that this might become a more frequent occurence.

This afternoon just as I had finished up for the day, I was told that the HR man was dropping in for a word. They have decided to teminate my employment so that they can get someone else who doesn’t mind doing nights out at short notice with no pay.

Understandly I am a bit unhappy about this, I have always done what they asked and done it effeciently. If I had refused then it might be justifiable.
They have given me a months notice, that they don’t want me to work and they also owe me 3 weeks holiday pay, so I won’t come off too badly.

I have not been sacked nor made redundant, apart they are quite within their right to terminate my employment as I have been employed for under a year. Is this so?

No wheels (formerly 8 wheels)

:open_mouth: bloody hell mate, i canrt belive they are treating you like that.
I hope someone has the right answers for you on here.
best of luck
Daz

I AM NOT CLUED upon the law as regards the UK,
but sorry it is the firms job to ensure that i have
money from the firm to pay the bills as and when
required, and no i would not pay out up front, they
could have given you a credit-card from the firm
or organised the accomidation for you, have a look
you should find yourself a another job and hopefully
with a much better working conditions,as regards
looking after the workforce,

Unfortunately once it goes past 1700, you are very much without Head Office and their credit card numbers, it then comes down to paying yourself or sleeping in a day cab which you ain’t allowed to do.

I did consider doing it though and telling them enough was enough I’d not do another but they’d have probably have sacked me and I’d have been worse off.

It’s a bit of a ■■■■■■ as I’m away for all of December so another F/T job will be tricky to get, I went to a plant hire co for interview about a month ago and pretty much had the job in the bag. The manager phoned me and apologised that he’d had to strart someone else as the month’s notice and December holiday meant not a lot of work out of me until Jan, but he’d keep my number anyway.

He will be first call on Monday if only to give him my new phone number (company phone gone)

okay but you could try doing agencey
work till after christmass,if there are no
firms looking for new drivers.at present.

I’ve got a list of places to try on Monday and will go back to agencies if I have to, I am not hopeful about getting a F/T job and after XMAS is usually a bit thin.

The only job in tonight’s paper was for a road sweeper, at least it’s site work and might get some LHD experience too!

when you started the job did you sign a contract of employment :question:

This afternoon just as I had finished up for the day, I was told that the HR man was dropping in for a word. They have decided to teminate my employment so that they can get someone else who doesn’t mind doing nights out at short notice with no pay.

im pretty sure they cant do that.id go and see someone ar cab and ask them what your rights are

jon

8 wheels, If I remember correctly [have not trawled through your earlier post sure Rob will and pull me up :laughing: ] you made it perfectly clear you had no interest in doing even occasional nights out and many replied that you need a degree of flexibility when working in road haulage, well unfortunately this appears to be their reason to give you the boot. I’m genuinely sorry to see you have lost a job you obviously liked but things change and they need someone who can go with the flow and here we are with that word flexibility again.I hope you find something that suits but feel this may be a pattern for the future :cry:

when you started the job did you sign a contract of employment

Yes I have / had a contract and it includes these snippets.

“You are expected to perform such duties and exercise such powers which may, from time to time, reasonably be assigned to you, or vested in you by the company, and to foster the interests of the company to your best ability”

OK so they can ask me to do a reasonable amount.

“This contract shall continue unless and until terminated by either party giving a period of notice in writing to you having completed at least one month’s continuous service and the contract automatically being terminated on your 70th birthday”

OK so they can just get rid of me.

you made it perfectly clear you had no interest in doing even occasional nights out and many replied that you need a degree of flexibility when working in road haulage

I was asked if I could do the nights out, or they’d have to cover them elseways I agreed that I’d do them but wasn’t happy about it. I didn’t want to give them a reason to mark my card.

As for being flexible here are a couple more bits from the contract.

“The company reserves the right to request you to relocate to a different location within reasonable travelling disatnce from your home”
They moved me from Basildon (22 mile round trip) to Harlow (44 mile round trip) after 3 months.

“Your normal working hours are 50 hours per week; working a 10 hour shift between the hours of 6am to 6pm Monday to Friday, with an unpaid hour for lunch each day.”

I have started work as early as 0300 and finished as late as 2130 (not the same day though) and also once worked on a Saturday when asked. Granted these are the extremes but working outside of these hours was never uncommon.

What a carry on. :unamused: I admit to knowing very little about employment law and what your rights are but after reading the extracts from your contract of work my gut feeling is that they’ve got you by the boIIox. I don’t think you’ve got a leg to stand on really. I don’t mean that in a bad way though; quite frankly I think it’s disgusting the way you’re being treated as I’m an avid reader of your diaries and there’s no doubt that you’re well suited to that type of work and you’ve got a good brain in your head and know how to use when it comes to problem solving trying to get everything on the back of the wagon.

I think they’re making a big mistake but this kind of treatment of driver’s seems to be the norm in this country now. It doesn’t matter what it is and how far you bend over to meet them half way and do a good job, they’re never grateful and always want it all their way and if they can’t have it they get shut of you, get some numpty in who’s 10 times as bad as yourself and then moans like crazy that they can’t get decent drivers.

It’s a real shame as it’s clear you enjoy working there, less the overnights. I think I’d be telling them to get [zb] and stick their [zb] job where the sun doesn’t shine. :angry:

[zb] disgusting treatment. :imp: :angry:

Like most companies they are probably trying to save a few quid. Sounds like they were looking for an excuse to get shot of you and replace you with someone cheaper, maybe the bloke who drove your wagon last diary. :imp:

Their loss is your gain,something better will come up. Good luck with the job hunt.

8wheels:

when you started the job did you sign a contract of employment

Yes I have / had a contract and it includes these snippets.

“You are expected to perform such duties and exercise such powers which may, from time to time, reasonably be assigned to you, or vested in you by the company, and to foster the interests of the company to your best ability”
OK so they can ask me to do a reasonable amount.

do you think it is reasonable to have to find somewhere to park an eight wheeler and get a room at the end of a days work? I don’t think its reasonable.

“This contract shall continue unless and until terminated by either party giving a period of notice in writing to you having completed at least one month’s continuous service and the contract automatically being terminated on your 70th birthday”

OK so they can just get rid of me.

The contract can say what it likes, if it contravenes employment legislation then it ain’t worth the paper it’s written on. As someone else hit on, ‘flexibility’ and its all very well saying that but if you are prepared to do the nights out albeit begrudgingly based on the fact you where told there wouldn’t be many, and they arn’t planning your days work and rest periods properly ,i.e. pr booking you somewhere to park and stay as it’s is not practicable for you to do it yourself at the end of a days work i’d say you would have an excellent case for recourse and should seek legal advice. Try ACAS acas.org.uk/
have a look through that and maybe ring them up for advice.

you made it perfectly clear you had no interest in doing even occasional nights out and many replied that you need a degree of flexibility when working in road haulage

I was asked if I could do the nights out, or they’d have to cover them elseways I agreed that I’d do them but wasn’t happy about it. I didn’t want to give them a reason to mark my card.

As for being flexible here are a couple more bits from the contract.

“The company reserves the right to request you to relocate to a different location within reasonable travelling disatnce from your home”
They moved me from Basildon (22 mile round trip) to Harlow (44 mile round trip) after 3 months.

“Your normal working hours are 50 hours per week; working a 10 hour shift between the hours of 6am to 6pm Monday to Friday, with an unpaid hour for lunch each day.”

I have started work as early as 0300 and finished as late as 2130 (not the same day though) and also once worked on a Saturday when asked. Granted these are the extremes but working outside of these hours was never uncommon.

Go and see a solicitor, they cannot fire you for refusing to do nights away when nights out atre not stipulated in the job description.

If you can’t afford a solicitor go to the Jobcentre, they have experts on employment law and don’t want to see someone out of work.

You have been treat shodilly by them and if it was me I would fight them all the way. Yes 2 nights away is not unreasonable, yes you should be compensated for it in someway, a meal or 2 a few pints on the company.

If I read it right that you are expected to find the accomodation and pay for it yourself then claim it back is totally unreasonable.

Did you have a probationary period and if so for how long was it.

Fight the A Holes they are the people who are making the transport industry what it is today.

Found this…

Unfair dismissal. Employees who have been employed for at least one year have the right not to be unfairly dismissed. Where the employer has dismissed the employee for certain specific reasons (e.g., for a reason connected with pregnancy, childbirth, maternity leave, or for a health and safety reason), then no qualifying period is necessary to bring a claim. Following implementation of the age discrimination regulations, the current upper age limit of 65 on the right to bring an unfair dismissal claim will be removed.

As you have been employed for less than 1 year then it don’t look good but I would take expert advice.

It’s a scandal that they can get away with this but good luck in the future, from reading your diaries you’ll be a good catch for someone :wink:

8wheels:
They have decided to teminate my employment so that they can get someone else who doesn’t mind doing nights out at short notice with no pay.

THey won’t find anyone to do that apart from a newbie desperate for anything who won’t have anything like the necessary skills or experience.

When the notice ends, if they haven’t found a replacement and ask you to hang on, tell them to sod off and drop them in the [zb]. After all, they’re quick enough to do it to you. If they want a driver to night out, they should get a wagon with a sleeper cab.

Conor:
When the notice ends, if they haven’t found a replacement and ask you to hang on, tell them to sod off and drop them in the [zb]. After all, they’re quick enough to do it to you. If they want a driver to night out, they should get a wagon with a sleeper cab.

Agreed. :angry:

even though you are on a night out in a hotel then i sure there you should reveive a noight alowence similar to if you are out in a sleeper cab

Did you have a probationary period and if so for how long was it.

Yes 3 months.

they cannot fire you

It would appear that yes they can do what they like however unethical or unprofessional as I have less than a years employment. As I think about it I am sure it is a stitch up, I think that they forced the 2nd night this week which could have been avoided trying to get me to refuse it, this would have given them an excuse. However I wasn’t prepared to give them an excuse, but they probably felt like my supply of good willing was running out and next time I might refuse or park the lorry somewhere inconvenient like the Isle of Wight and post them the keys. Giving me the chop now avoids me running over a year.

If they want a driver to night out, they should get a wagon with a sleeper cab.

This is the root of the problem, when the specced the vehicles my (ex) boss wanted sleepers but his (then) boss who is in charge of the plant department and their vehicle was having none of it and threw him out of the meeting.

THey won’t find anyone to do that apart from a newbie desperate for anything who won’t have anything like the necessary skills or experience

I have a feeling that someone may be in mind for this, when the Bas. driver jacked a couple of months ago I was told that my (ex) boss could have put one of his mates in there straight away but wouldn’t because of internal politics. To a driver used to working away a night in a Travelodge here and then might appeal.

even though you are on a night out in a hotel then i sure there you should reveive a noight alowence similar to if you are out in a sleeper cab

This was my argument, they said we will provide a room and meals only. However once in a hotel room there is nothing to do, nowhere to go and you are just waiting to restart work. So I felt it deserved some recognition in the way of a few quid. Some others here said that they’d be happy with what was on offer, others wouldn’t.

If they have done nothing legally wrong, and they cough up what they owe me it’s just a bad situation that I have had to suffer.

construcive dissmisal then which ever way you look at it get some legal advice

Thank you all for your kind support and encouragement, I will look into the legal side just in case but I’d like to get what I’m owed before rocking the boat.

I was pretty shocked at the news and decided not to react by calling them all this, that and the other, I just told them that they had behaved in a shameful and unprofessional manner bearing in mind I had never let them down, put me keys and phone on the table and went to clear the cab of all my stuff before driving off without saying a word. Oh and I went back in and walked past both without uttering a word and unplugged my radio from the office before leaving. I did draw the line at moving the filing cabinet to get the power lead though.

I think if I had just fired someone and they got up and walked out without reaction I would feel 10x worse than if they started calling me all the zb’s under the sun.

Well let’s hope so.