Would you expect to get paid if stood down?

Been working on the mixers a year now and just been told I’m stood down on Monday for the first time. Just to clarify, I work as a full time employee for a company that contracts for one of the big mortar/screed boys and it’s this end client who’ve stood us down.

Colleague was stood down today and yesterday and was apparently told he’d have to book it as leave. However, the other five drivers all apparently get paid.

I’m not sure what the norm is. I know that three of the drivers are employed by a guy that has an exclusive contract where he only delivers mortar for this company (unlike my employers). So obviously he has a good argument to get paid if they want him on standby exclusively.

However, the guys in plant are fairly sure my employer do get paid, so I think they’re tight ■■■■■■■ if they’re getting paid their almost £700 day rate, saving £200-£250 on diesel and still don’t want to pay me my wage. I said to my boss that as I’m not paid for being on standby like they are by the client, then I’m presuming that I’m not on standby and can go work elsewhere on my days off. He said I was ovethinking it and they were ‘still working it all out’ and that they’d sort it.

Unlike the other contractors, who are haulage firms, my employer are actually a construction company with a small fleet which pays for itself through being subbed out. The idea is that it will increasingly support the company as work grows (which it rapidly is). Obv with builders etc many are self employed and don’t get paid when off, but I’m a full employee.

I’m not sure whether I’m being mugged off or whether this is just standard procedure in this sector.

Yes. By law you have to be paid full rate even if they have no work for you.

Tailschwing:
Been working on the mixers a year now .

However, if you’ve been with the same employer for less than 2 years, you have no rights whatsoever and they could sack you with one week’s notice and no redundancy.

My contract states if stood down arriving at work you need to stay for 3hrs to see if anything arises then you can go home and get paid full shift, if stood down before work ie phone/text you get 6hrs pay.

We have been getting stood down on regular basis this year, perhaps 1/2 guys per day everyday. Sometimes as many as 6/7 drivers midweek.

Cheers guys, that’s some interesting info.

I did some agency work for Yearsley group and we always had to wait three hours before going home if no work.

Do you have any idea of the legislation or whatever for them having to pay me? I’d like to read it. I very much doubt they’ll fire me and if they did there are plenty of other local mixer jobs (cement plant who share our site are recruiting!).

Main issue is that the fleet side is relatively new and my boss has only just taken it over - another guy who has his own small waste company set it up for them and ran it for first year and has just passed it over. They’re still using his operator’s license and current boss is pretty clueless and knows less than the drivers. He’s also always preoccupied with construction stuff.

However, for the most part it’s as if I work for the end client as my truck lives there and they plan my runs. I only speak to my employers if there’s an issue.

I reckon if I tell them they need to legally pay me they will. My wage is between £140-170 a day and they bill almost £700 for the truck so it’s unlikely they’ll want to lose me. Especially as last two drivers got sacked off by client for being unreliable and the third left to become an owner/operator. Takes a fair while to learn all the sites and get quick as we cover loads of areas.

Read your contract.

I have worked places where I don’t get paid a day rate when parked up for the weekend before, I do at my current job, that’s the key, everywhere is different.

mrginge:
Read your contract.

I have worked places where I don’t get paid a day rate when parked up for the weekend before, I do at my current job, that’s the key, everywhere is different.

What do you mean when parked up for weekend before? As in when given sufficient notice of lay off?

Either way, I’ve just read on the gov website that I’m not entitled to be paid if laid off. All you can do is request you’re made redundant if it goes on.

I guess I’ll just see what happens. Going to get pretty annoying using a week of annual leave every year to cover stand downs. Could even be off for whole of next week. Guess I’ve always got option of putting myself forward to the company that pay drivers for layoffs. The lads would put in a good word for me. Might kick my employer into gear if I threatened this, although I’m not one for work drama.

Actually looks like your employer doesn’t need to pay you. sprintlaw.co.uk/articles/what-i … tand-down/

I guess I was just basing my opinion on common practice.

As far as I understand they don’t have to pay you. That’s just my experience at our place. Some lads ended up with no annual leave left for Christmas period. It ■■■■■.

Tailschwing:

mrginge:
Read your contract.

I have worked places where I don’t get paid a day rate when parked up for the weekend before, I do at my current job, that’s the key, everywhere is different.

What do you mean when parked up for weekend before? As in when given sufficient notice of lay off?
.

Sorry to confuse, I mean when I don’t go home at the end of the week and I’m parked somewhere in my lorry or a hotel.

OK, cheers guys.

I do like working on the mortar. Plant is 10 mins from my house, good bunch of lads, know the routes now etc. It’s just a bummer knowing that a flurry of snow could cost me a week’s pay or a big chunk of my leave.

Will just have to see how it goes and decide if it’s manageable or if I’m better finding an employer that pays these days. Seem to be loads of mixer jobs about so we’ll see.

Maybe if you have a union in your firm yes, if not they can do wtf they want,.and invariably do.
But apparently Unions are all bad according to the consensus on here.

" They are still using his operator’s licence". Oh wow, that tells you something.

Tailschwing:
OK, cheers guys.

I do like working on the mortar. Plant is 10 mins from my house, good bunch of lads, know the routes now etc. It’s just a bummer knowing that a flurry of snow could cost me a week’s pay or a big chunk of my leave.

Will just have to see how it goes and decide if it’s manageable or if I’m better finding an employer that pays these days. Seem to be loads of mixer jobs about so we’ll see.

Mortar = building = (mostly) outside = weather dependent.

Look at your contract of employment.
That will tell what your entitlements are. Your legal entitlements arent worth a fig. If other companys drivers have better conditions of employment in their contracts, then talk to your boss if you can, and/or consider a move.

cav551:
" They are still using his operator’s licence". Oh wow, that tells you something.

Yep.
Small company…newly started/transferred owners…builders, possibly with little knowledge of, or interest in transport…
The TMs on TNUK might be spluttering into their morning coffee?

OP…cover your arse at all times.

cav551:
" They are still using his operator’s licence". Oh wow, that tells you something.

The guy left prematurely before doing a proper handover so it’s all a bit of a mess. He’s still helping in the background but the trucking side is a new business so is still finding its feet.

Franglais:

Tailschwing:
OK, cheers guys.

I do like working on the mortar. Plant is 10 mins from my house, good bunch of lads, know the routes now etc. It’s just a bummer knowing that a flurry of snow could cost me a week’s pay or a big chunk of my leave.

Will just have to see how it goes and decide if it’s manageable or if I’m better finding an employer that pays these days. Seem to be loads of mixer jobs about so we’ll see.

Mortar = building = (mostly) outside = weather dependent.

Look at your contract of employment.
That will tell what your entitlements are. Your legal entitlements arent worth a fig. If other companys drivers have better conditions of employment in their contracts, then talk to your boss if you can, and/or consider a move.

cav551:
" They are still using his operator’s licence". Oh wow, that tells you something.

Yep.
Small company…newly started/transferred owners…builders, possibly with little knowledge of, or interest in transport…
The TMs on TNUK might be spluttering into their morning coffee?

OP…cover your arse at all times.

Thanks for the sage advice. I think you’ve hit the nail on the head.

I’ve just spoken with my new boss who will be taking this side over. He owns a big garage/workshop so is fairly good on the maintenance side. Said he’s committed to doing things properly and will take a few months to get all the processes right but is going to ensure its all done correctly. We have to have truck inspections every six weeks as part of the contract so that’s a good thing.

He’s told me can come in and wash truck on Monday if I don’t want to lose a day’s pay and any other stand down days I can probs do some flatbed or van work delivering to their sites to keep me busy. Can’t argue with that. They’ve been good employers the past year so I’m going to stick with them but as you say will just cover my arse. They’re a Sikh run business so very ethical and business like in general.

Haven’t seen any shady practices so far and would say they’re much better than some of the building firms I’ve encountered. They’re not actually that small. Projects of 100-150 flats going on in several locations alongside a fair bit of tipper work - about ten tippers and 5-6 mixers.

If that is really what is happening It doesn’t alter the fact that both are operating illegally. Something needs to happen very quickly. It will not affect drivers other than possibly potentially having the vehicle clamped roadside. Suggest someone in authority speaks to a transport specialist solicitor, because I can’t see a TM taking on an interim licence application given the presumed circumstances. This is a serious matter.

movingon.blog.gov.uk/2016/01/26 … e-lending/

:bulb:

cav551:
If that is really what is happening It doesn’t alter the fact that both are operating illegally. Something needs to happen very quickly. It will not affect drivers other than possibly potentially having the vehicle clamped roadside. Suggest someone in authority speaks to a transport specialist solicitor, because I can’t see a TM taking on an interim licence application given the presumed circumstances.

movingon.blog.gov.uk/2016/01/26 … e-lending/

I believe my old boss is still a director in the business, so not sure how that affects it. Quite a few of the directors (my boss included) have their own existing businesses and the guy who was contracted to set up the logistics side has his own small fleet. He manages the fleet with his brother and my understanding is that his brother was managing that business in the background whilst he was setting up the logistics side for current employer.

I don’t know enough about operators licenses and whether they have to be tied to one specific business.

Would imagine it depends on what your contract of employment says.
It may say something during quite times wether events or likely of no work you won’t be paid etc.
If there’s nothing along them lines on your contract then would expect at least 8 hours pay a day.
On plus side I guess when the weather improves there all want there concrete like yesterday.
So be loads of overtime I guess

edd1974:
Would imagine it depends on what your contract of employment says.
It may say something during quite times wether events or likely of no work you won’t be paid etc.
If there’s nothing along them lines on your contract then would expect at least 8 hours pay a day.
On plus side I guess when the weather improves there all want there concrete like yesterday.
So be loads of overtime I guess

Yeah, when it’s busy it’s very busy. The client we contract for was refusing to increase the orders even when asked a week ahead at some time.

However, I don’t get OT, just a day rate. But I get the full rate even when it’s quiet and I do two jobs and leave the yard while it’s still morning, so works out OK.

Tbf I’d be looking at getting out of construction in the near future.