I leave my current job on Thursday but my boss wants all tachos in up until that date. I have to keep them for 28 days by law for my new job but he wants them all returning before he will pay me. What can I do about this? Would it be a good idea to mention I may need to call VOSA for advice for example? I cant wait another 28 days to get paid cos I have bills to pay. Am i right in thinking the company can only have photocopies of my tachos and then me hand the originals back after the 28 days is as they need handing in?
dangerousdave:
I leave my current job on Thursday but my boss wants all tachos in up until that date. I have to keep them for 28 days by law for my new job but he wants them all returning before he will pay me. What can I do about this? Would it be a good idea to mention I may need to call VOSA for advice for example? I cant wait another 28 days to get paid cos I have bills to pay. Am i right in thinking the company can only have photocopies of my tachos and then me hand the originals back after the 28 days is as they need handing in?
you have a legal requirement to retain your tachographs for 28 day, as each week passes send in that week to you old firm if you have a photo copier than for copy them and give him the copy’s don’t give them to him/her to do it for you you will never get them back if he says that he will not pay you till then than just tell if he/she is committing an offence and you could have him/her done at the employment tribunal for holding back you wages
you are right there mate, he can take a copy but he cant keep the tacho’s, in effect they are yours, not his until the 28 days is up.
simple really, just email vosa and take the reply in to him.
if he still refuses to pay you then smash his face in and shove them up his arse!
thanks for that Lee, but I was looking at a slightly more subtle (and legal) alternative to be honest. It’s pants cos tribunerals, solicitiors letters etc take forever but the mortgage still needs paying in the meantime.
what i would do is ring vosa in front of him and ask the question to them and see what happens
0300 123 9000
There’s no way he should be allowed to withhold your wages, you have a legal requirement to keep the charts for 28 days so point this out to him and if he still refuses to pay do what Del said and ring VOSA in front of him, ask their advise then give the idiot the phone so he can explain to VOSA why he’s trying to make you hand over the charts that VOSA say you must keep with you.
Thanks guys, as you can probably tell, my boss isn’t the most reasonable guy on the planet hence the reason I am leaving.
Keep the charts, else you’ll be in it with the Vostapo. Park the truck up in a ‘secret’ location, and inform the gaffer that you will reveal the co-ordinates when you recieve your cash! It’ll take some guts but if he’s as bad as you make out it’ll probably be on his level.
Find out who your firms transport manager is, if it is someone other than your boss ask them… they should back what you are saying and should put your boss straight.
The transport manager is his son!
dangerousdave:
The transport manager is his son!
Even more reason to ring VOSA. They love the family connections 
Id be happy to see photocopies of charts and a letter from your old boss saying when you left and a letter from your new boss stating when you started. If its a question of getting paid on charts then thats the way to go…but thats just me!!!
Employer just being an arse, whats new.
Go see him give him photocopies of the tachographs and explain to him the law etc… and then if you don’t give him the tachographs after 28 days he can feel free to grass you up to VOSA for not returning them and he has some form of proof things where being done right.
If he is being arsey, threaten him with legal action, interest and stuff for defaulted mortgage payments etc…, threaten to call VOSA or whoever. Sure there is previous threads on the kinda things you can do to employers not paying, to do with the O-Licence.
I wouldn’t hand over the tachographs until the 28 days are up cause no doubt end up getting stoped by VOSA and then find they aint quite as understanding and you end up with an on the spot fine out of your pocket, new employers aint gonna be happy either if your truck ended up getting parked up.
Ex-employers are chancers, i left a small place and even gave them two weeks notice to help them out and get enough time to get another driver, even though most people would have just walked. The thanks i got. Last shift, bosses son appears says what you going to do about the damage to the trailer i think you should pay £200 towards it out your wages. I say what damage to the trailer.
He shows me a trailer with a rear mudguard ripped off, he says that trailer. I said i havent used that trailer in over two weeks, the trailer brake is right next to that mudguard i would have noticed and said something if i ripped it off. The last time i saw that trailer i droped it off in Airdrie and it was fine two weeks ago, its been all over the place since and if i did damage it two weeks ago why didn’t you say something two weeks ago until waiting until my last day. He said it should come out my wages, i said i aint giving you permission to take any money off my wages, if you do make sure you put it down in writing for my lawyer.
Ended up not getting the £200 taken off, just being a chancer.
Just let me know the ■■■■■ details and I will go and ■■■■ him good and proper he has’nt met my mate BB 
I hate ■■■■■ like that!!
MacDoog:
Id be happy to see photocopies of charts and a letter from your old boss saying when you left and a letter from your new boss stating when you started. If its a question of getting paid on charts then thats the way to go…but thats just me!!!
You a VOSA examiner ?
dangerousdave:
I leave my current job on Thursday but my boss wants all tachos in up until that date. I have to keep them for 28 days by law for my new job but he wants them all returning before he will pay me. What can I do about this?
Retain them and ask him under what law he thinks he is entitled to withold wages because no such law exists. Point out that, however, if he illegally witholds your wages you are entitled to sue.
Update:
I rang a traffic officer today and spoke to him. I was informed that I have to produce records of driving so I can legally carry photcopies so long as I also carry a letter on company headed paper stating that the originals are retained by the company and available to view at any time.
I’ll let you know if I get pulled up in the next 28 days!
dangerousdave:
Update:I rang a traffic officer today and spoke to him. I was informed that I have to produce records of driving so I can legally carry photcopies so long as I also carry a letter on company headed paper stating that the originals are retained by the company and available to view at any time.
I’ll let you know if I get pulled up in the next 28 days!
You won’t be venturing over the water I wager? 
I would want a letter from the “traffic officer” too 
tachograph:
MacDoog:
Id be happy to see photocopies of charts and a letter from your old boss saying when you left and a letter from your new boss stating when you started. If its a question of getting paid on charts then thats the way to go…but thats just me!!!You a VOSA examiner ?
Yup…a sensible reasonable one…
Whatever individuals may accept is entirely up to them. However, the legislation is VERY clear in that the specific requirement to produce records uses the words ‘Record Sheet’ in Article 15.7 a & b. A record sheet is defined as;
a sheet designed to accept and retain recorded data, to be placed in the
recording equipment and on which the marking devices of the latter
inscribe a continuous record of the information to be recorded
Therefore, the only (legally) acceptable record that may be produced at a roadside inspection is what we all know and love as a ‘tachograph chart.’ In the eyes of the law, a photocopy is not acceptable and a letter from a previous employer is not worth the paper it is written on.
So keep the charts with you until they are at least 29 days old, then return them to the previous employer.