I was wondering, what can be done if an employer threatens you with dismissal for NOT taking out an overloaded van?
This is my Mrs’ niece who drives a sprinter for a farm supply type outfit.
She is regularly over loaded but when she complains, she gets the inevitable “we’ll find some one that will” ■■■■■■■■.
Its obviously her license and if she had an accident, the onus would be on her, we all know that’s the first thing that would come to light.
So what can you do if your treated like a mug by an employer? (assuming that buggering off is not an option!)
go to weighbridge get weighed take ticket back to boss if does it again call vosa
Gembo:
Its obviously her licence
FTFY.
malcob:
go to weighbridge get weighed take ticket back to boss if does it again call vosa
+1.
Keep a record.
Ken.
Tell her to ask for it in writing, then walk out and go see vosa… You don’t want to work for a outfit like that full stop.
How long has she worked for them? It has implications iro employment rights etc.
Given the situation there may be things she can do regardless but its useful to know at this stage.
Take a few pics with your mobile,get the number plate in if poss,then put your phone on voice record or video…get some evidence …this will come in handy if a claim goes in 
Or you could drop them right innit,and leave it outside a police station ,or vosa testing station with a note on the windsceen OVERLOADED BY MY BOSS with their contact details. 
I had trouble a few years back, but i point blank refused to take it, it was on it,s arse -i told the boss i need something in writing if im taking that out …they always back down 
The ‘go to a weigh bridge and get a ticket’ bit was what I suggested aswel. Thanks fella’s. Will have a word in her ear.
danthetrucker:
How long has she worked for them? It has implications iro employment rights etc.Given the situation there may be things she can do regardless but its useful to know at this stage.
Nearly a year mate.
Difficult one. Employment rights do not kick in until you’ve been employed two years.
However this may fall under whistle-blowing as the firm is clearly trying to force employees to break the law.
If it can been squeezed under whistle-blowing then the two year bit does not apply.
Trouble is to find out she would have to push the button so to speak.
I think the best thing she can do at this point is speak to acas - 0300 123 1100 - and explain the situation. Free service and they know their stuff. They may not be able to give her specific advice but they’ll give her some pointers. She needs to emphasise she is being told to break the law or get out.
Technically her company should have a grievance policy in place to but I doubt this is the case and there should be a way to raise her concerns formally but given their attitude this probably won’t get her very far.
The other option if she has gone insurance is to see if she has household legal expenses on there. That usually covers employment disputes also and they are usually pretty good.
Finally as others have said she could perhaps contact vosa for advice.
Issue she has a things stand is that of she gets caught employer will deny all knowledge and shaft her 4 ways to Sunday. Ideally she should refuse to drive as a result hence why she should see if acas can offer any guidance…
The only way of definately knowing she is over weight is by going over a weighbridge. If she hasn’t done that then all it is is speculation. Pure and simple. I don’t mean to sound harsh, but she must be inexperienced to have this situation happen to her, so perhaps it just looks overweight to an overly cautious driver?
Get a weighbridge ticket, and you have the proof that you need to get some help. It’s perfectly legal to drive overweight to a bridge to check your weights…
I had an issue with a similar thing years ago. I was sent to a quarry with a lorry that had been downrated by the plating law. The weighbridge operator said tou have to load this, as your Transport Manager said so. I said get him on the phone. The TM said you can load it, to which I replied ‘’ are you asking me to break the law ‘’ . End of, he sent another lorry and I loaded something else at the legal weight.
I was only 22 years old at the time, but you have to stand up to these people.
F-reds:
The only way of definately knowing she is over weight is by going over a weighbridge. If she hasn’t done that then all it is is speculation. Pure and simple. I don’t mean to sound harsh, but she must be inexperienced to have this situation happen to her, so perhaps it just looks overweight to an overly cautious driver?Get a weighbridge ticket, and you have the proof that you need to get some help. It’s perfectly legal to drive overweight to a bridge to check your weights…
+1. Overloading is viewed as a serious offence, but you’d be surprised how much underweight some loads are when you get them on a bridge, so as F-reds says do nothing until the weight has been properly established.
Might be worth joining a union ,because if they sack her or she gets laid off, the union will fight her corner
I,m pretty sure the 2 years rule of employment ,doesn,t count if the case is health and safety related.but the union would know all about that.
When the union get involved its nice to know their only a phone call away.
When I drive tippers where they are being loaded by 360 machines, it is not uncommon for them to be overweight, if there is a weighbridge available at the tipping point.
When I did the dcpc last year, one of the instructors said the law was changing where those who overload the vehicle will also be legally accountable for any fines too. As to the accuracy of that I don’t know, but anything that hits those that purposefully overload other people’s vehicles, sounds like a good move to me. I was once overladen by a tonne of steel by someone at the customers that thought would be a good idea (not).
LIBERTY_GUY:
When I drive tippers where they are being loaded by 360 machines, it is not uncommon for them to be overweight, if there is a weighbridge available at the tipping point.When I did the dcpc last year, one of the instructors said the law was changing where those who overload the vehicle will also be legally accountable for any fines too. As to the accuracy of that I don’t know, but anything that hits those that purposefully overload other people’s vehicles, sounds like a good move to me. I was once overladen by a tonne of steel by someone at the customers that thought would be a good idea (not).
There are three people legally responsible for the overloading of a vehicle.
The driver
The drivers boss
The person who loaded said vehicle.
Really ConcreteJim?
Can you post a link to this? I’m not saying your wrong, just not heard it before. I know the driver and haulier are responsible, but I didn’t think the loader was…
F-reds:
Really ConcreteJim?Can you post a link to this? I’m not saying your wrong, just not heard it before. I know the driver and haulier are responsible, but I didn’t think the loader was…
When doing a forklift refresher course we was told that we had a legal responsability to load a vech safely and not to overload a vech!!!
Fallmonk:
F-reds:
Really ConcreteJim?Can you post a link to this? I’m not saying your wrong, just not heard it before. I know the driver and haulier are responsible, but I didn’t think the loader was…
When doing a forklift refresher course we was told that we had a legal responsability to load a vech safely and not to overload a vech!!!
The loader can/might be held responsible . . . but the plethora of individual circumstances dictates that their can be no hard & fast rules to follow.
I have always been told that it’s legally safe for me to load what I’m told to load but never EVER to secure it.
Yes but we all know much Informationus Bollockus is oft spouted during these “training sessions”.
Is it written down anywhere?