Yor views, and advice, grievance at work

Basically, I’ve been having some problems with a manager at work for the last few months. Below is a post I made on another forum on Friday, I just want peoples views and opinions on its content. Its a load of small, mostly petty problems, but when added up, becomes a bigger problem. I’ve taken advice from Unite, and will be starting the grievance process, but if you could just have a read and tell me what you think?

Oh, and does anyone know how to write a grievance letter?

My job is Collection Driver for a large well known delivery company. I drive to a collection, return to depot, off load some stuff, then drive from our depot to a sort centre. Start at 4pm, supposed to finish at 2am, Mon to Thurs.
Started the job in May 10, everything was fine til just after Christmas, then the hassle started. Started off giving me grief that I was hitting overtime nearly everyday. Now, when I started and was taking a van every night, picking up, at most, 3 parcels, I could get back within my basic hours. Since I’ve been taking the lorry, picking up upto 6 pallets, with tacho break etc, I’ve been hitting an hour o/t a day. Just to put it in perspective, I do at least 8.5hrs driving a day, add split tacho break, 50mins, waiting at my collection, 30mins, and tipping and reload, upto an hour, total 10hr 50, thats with a straight run, no roadworks or incidents.

Then my hours were changed, from originally half 3 start to 4pm, hardly any notice, told day before. Just last night he decided it would be better if I started at half 4 or 5pm starting Monday. I’ve had to justify my hours, how I do my job, time taken at collection, time spent driving. I’ve had my job cancelled at least 3 times at the last minute, 1 of them last night, twice sent home because of it, 1st time I lost the little overtime I had done, and had my pay docked, on this managers instruction, until it was reinstated after an HR manager found out when he was visiting the depot. Or, I’ve been taken off my duties, put in a van and sent out with parcels, last time I went out at 5.30pm, with 60 drops, to an area I dont know, then bollocked for bringing some back, bearing in mind, company policy being no deliveries after 9pm, I was 50miles from the depot, so had about 3hrs to do the drops. I’ve had issues with the vehicle and tacho, mainly my digi card not being downloaded, and lack of digi paper, the same manager being responsible for both, went from Dec 10 til Mar 11 without card being downloaded, despite requesting it numerous times. I even went as far as asking the Depot manager if he could do it, all that resulted was the manager I’ve got problems with telling me not to go over his head again, that nothing would be done about it and that he was working closely with the depot manager and he has the backing of the depot manager. This was the day after I was sent home and had pay docked, so naturally I’d asked depot manager what was going on, hence supposedly going over my managers head. The only reason I went to depot manager was because I went in to work early, before my manager started, to find out if I still had a job as I’d been given the impression it had been stopped.

Because I’m friendly with one of the office girls, nothing going on, and used to sit with her in office while I done my paperwork, because of that I’ve been banned from the office. Doesn’t apply to any other driver, just me.

I do my daily checks everyday when I start my shift, taking upto 10mins to do so. I’ve been told I take the ■■■■ taking that long, and that by grabbing a coffee from the vending machine, to drink whilst doing my checks and some paperwork, that I’m obviously on a break straight away.

When the vehicle has run out of digi paper, I’ve been instructed to drive the vehicle without it until I get some from the sort centre, despite asking numerous times over 6months for the depot, via my manager, to order some. When I’ve questioned it, and mentioned its not legal to drive without it, I’ve been told no choice, just do it.

I’ve been singled out as the one that has damaged the vehicle, despite no proof it was me, yet when I’ve reported damage, no action has been taken against the other driver.

Despite having been working there for nearly a year, I still have no contract, and never had an Offer Of Employment letter, so have no idea about my hours etc.

Its getting to the point that when my manager speaks to me, with some other grief or hassle, I clench my fists, bite my tongue and walk away, otherwise I’ll say something or lump him, and I’m starting to dread going into work.

Other members of staff have commented that this manager has a problem with me, 2 of them being other managers, so its been noticed.
I also had a text from my friend in the office, regarding a conversation she had with another colleague, the office manager, about it, basically saying that my manager wants me out, but is going the wrong way to do it, but he is trying to push me out.

Where I’ve been singled out for causing damage to the vehicle, I’ve been blamed for cracking the step, I honestly didnt do it, and pointed out that I’d noticed it for a week previous til the day driver reported it, which fair enough, I should have reported. Now, this other driver may have caused some damage, which I have reported, but where I’ve got a disciplinary for failing to report it and a possible breach of H&S, and had to fill out accident claim forms, the other driver has had nothing.

There is more, but those are the main points.

Do you want the job?

It doesn’t matter if your digital card hasn’t been downloaded for 12 months, as long as you have made it available. It sounds like you can ask for a roll of digital paper at the sort centre, ask for two, keep one in your bag.

If the manager wants rid of you and you are the only one claiming overtime when others don’t, ask other drivers how they do it. Maybe the 30 minutes waiting at the collection could be used as a break, the hour and half loading is covered with other work.

This isn’t a dig, just may be a couple of personality clashes, as you say it is one man only, maybe he fancies your friend, maybe he is seeing her.

Sorry to hear of your troubles. Life is tough enough right now without some ■■■■■■■■ of a manager making life hard. You’re absolutely right to start a grievance proceedure against this character. You’ll have to approach the next senior manager to him and do it in writing, stating incidents, dates, witnesses to this behaviour. I’ve never had to do this myself, thank God, so I cannot really advise you from experience. However, a useful first stop is at the door of your local CAB, where you’ll get some sympathetic, and useful advice. The stumbling block that I as a layman can see is over your contract of employment, or lack of it. Also, don’t rule out informing VOSA over the tacho print-out paper, although you could also be dropping yourself in it as it is a violation to be driving without it.
Finally, the very best of luck with resolving your problem, you may find that the bloke may pull his head back in when you’ve made it clear that you’re not going to take it lying down.

Firstly, keep an accurate written record of any conversation or instruction that you encounter. This is vital if you are to build a case against this guy so you can back up any accusations against him. Also get witnesses who are prepared to back you up when the chips are down.

You say that they have deducted your pay. That’s illegal to start off with. An employer cannot deduct any money from your wages.

Digi roll: IIRC, the vehicle has to have one in, and a spare in case it runs out.

Your work rate: It’s unreasonable to expect you to do 60 drops in a 3 hour window. That’s a rate of 20 per hour, or one every 3 minutes, which includes driving time unless they are all on the same street.

Vehicle: The choice of vehicle will also tie in with your workload as a bigger vehicle takes longer to get up to speed and stop safely.That’s not rocket science. If your doing that part by the book, then your digi card will back that up. One can only assume that other drivers using a similar vehicle are tipping on break which is illegal and not beneficial to them, only the company.

Daily checks: They take as long as necessary. (We had the same problem when I worked for a now defunct supermarket who’s transport was ran by 2 big logistics companies depending on which depot you were at.) Note down every small scrape and bump, and make someone aware of it and get them to sign to the effect, and even if there is something as small as a bulb not working, defect it to cover your arse. Take pics on your phone if necessary and produce them as evidence with date stamps on. The fact your grabbing a coffee doesn’t mean your on a break, as your working by doing checks which are a statutory requirement as laid down by VOSA. Does that mean if you go for a ■■■■, your on a break as well?

Now the employment contract…

Taken from the Business Link.gov website:

The moment an applicant unconditionally accepts your offer of a job, a contract of employment comes into existence. The terms of the contract can be oral, written, implied or a mixture of all three.

Even if you do not issue a written contract, you are under a legal duty to provide most employees with a written statement of main employment particulars within two months of the start of their employment with you. If you have an employee who is going to work abroad for more than a month within two months of starting work, you must give them their written statement before they leave.

The written statement is not itself the contract but it can provide evidence of the terms and conditions of employment between you and the employee if there is a dispute later on.

And…

Employee enforcement of the right to a written statement

An employee may refer the matter to an employment tribunal where they have:

not received a written statement of employment particulars
received a written statement that does not comply with the legal requirements
not received notification of a change to those particulars
received notification of a change that does not comply with the legal requirements

If you have given the employee a written statement - or notification of a change to it - but you disagree over what it should contain, then either you or the employee may refer the matter to a tribunal.

In either case, the tribunal will determine what particulars the employee should have been given. These particulars will have the effect as if you had included them in the written statement, or notification of a change to it, in the first place.
Compensation for failure to issue a written statement

If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement or an accurate or complete statement of change to it - as long as there are no exceptional circumstances that would make this unjust.

The amount of compensation will be two or four weeks’ pay (at the tribunal’s discretion). A week’s pay for this purpose is subject to a statutory limit.

I would keep quiet for now about the contract, as it may be useful in the event of an employment tribunal. A friend of mine has worked for a company now for 13 months, and he too hasn’t had a contract but he’s keeping quiet so he can use it should he ever need to.

Finally, this might be useful:

Yes it seems like someone wants rid of you for whatever reason, but bite your lip and build your case, but what I will say is that there are 2 sides to every story, and I wonder what your employers version is?

Ken.

SuffolkLad:
…and that by grabbing a coffee from the vending machine, to drink whilst doing my checks and some paperwork, that I’m obviously on a break straight away

You could point out to him that it would be a bit difficult to be on part of your 45 minute driving break before you have done any driving. Breaks for the tacho rules interrupt periods of driving, not other work.

Why havn’t you hit him?

limeyphil:
Why havn’t you hit him?

That was my final point. :laughing:

Ken.

Thats how you write a grievance letter
It says what your problems are giving specific instances.
Just leave out the references to your friend in the office giving you info etc.

If you have an Android or iPhone can you download an app to record conversations? You could just hold your phone in your hand when this ■■■■■■ speaks to you.
Be very careful with the Grievance process, without ‘support’ to back up your Grievances you could end up making things worse. Get as much proof and back it up as you can, BEFORE you do anything else.

As for the Tacho paper, buy some and keep it in your bag, it’s you who could be in the crap if you don’t have any spare.

I had a transport manager like that at Aone in Bradford.Had an arguement with him one day and he sneered that I was on my way out. Is that so I asked? Gave him a beautiful right hander which broke his nose.

limeyphil:
Why havn’t you hit him?

As much as I’d love to, jobs are a bit thin on the ground at the moment, so for the time being I’ll just stand by and watch when one of the owner drivers has a pop at him. Happened the other week, just before the driver quit.

Quinny:
Firstly, keep an accurate written record of any conversation or instruction that you encounter. This is vital if you are to build a case against this guy so you can back up any accusations against him. Also get witnesses who are prepared to back you up when the chips are down.

Your work rate: It’s unreasonable to expect you to do 60 drops in a 3 hour window. That’s a rate of 20 per hour, or one every 3 minutes, which includes driving time unless they are all on the same street.

Vehicle: The choice of vehicle will also tie in with your workload as a bigger vehicle takes longer to get up to speed and stop safely.That’s not rocket science. If your doing that part by the book, then your digi card will back that up. One can only assume that other drivers using a similar vehicle are tipping on break which is illegal and not beneficial to them, only the company.

Daily checks: They take as long as necessary. (We had the same problem when I worked for a now defunct supermarket who’s transport was ran by 2 big logistics companies depending on which depot you were at.) Note down every small scrape and bump, and make someone aware of it and get them to sign to the effect, and even if there is something as small as a bulb not working, defect it to cover your arse. Take pics on your phone if necessary and produce them as evidence with date stamps on. The fact your grabbing a coffee doesn’t mean your on a break, as your working by doing checks which are a statutory requirement as laid down by VOSA. Does that mean if you go for a ■■■■, your on a break as well?

I dont normally do multidrop, this only happens when he decides he wants to cancel my job and pack me off on parcels.

There are only 2 of us who drive the 7.5t, the other 40 odd drivers are van drivers. The day 7.5t driver does a completely different job to me, max 6 bulk drops to Tesco’s and a couple of collections, done and dusted in 7hrs max.

I normally defect anything I can find, the step slipped through because I mistakenly thought they already knew about it.But I have previously defected it for a blown rear bulb, which took 4 days to rectify, despite having a fitter on site. Also, a defect from 22/2/11 still sitting in the book, not signed as sorted, although all the others since have been.

SuffolkLad:

limeyphil:
Why havn’t you hit him?

As much as I’d love to, jobs are a bit thin on the ground at the moment, so for the time being I’ll just stand by and watch when one of the owner drivers has a pop at him. Happened the other week, just before the driver quit.

do you work for r m ? if so ring sheffield up

Try waiting til he pops in the bogs then follow him in, put the nut on him and tell him that your the Daddy now. You will probably find that this will rectify the situation much quicker than Unite. IMHO :smiling_imp:

direct.gov.uk/en/Employment/ … G_10027992

Feel sorry for you. The general manager at the place i work doesnt like me. He would keep me behind for a minute, because he can. Standing me infront of everyone and saying bye to them all with a big grin on his face as i just stand there waiting to go home. Another time he tried to keep me back and i just stood with my back to him, i hadnt had a break all day and after telling him i wasnt bothered because im owed time anyway he let me go.
He was then taken away from being general manager and put in charge of somewhere else.
He then called me in the office because i apparently looked like i wanted to punch someone whenever he saw me. This, ofcourse being after work hours

I would love to punch the guy, hes bigger then me and would probably go off crying and complaining but id rather have my job.

It wouldnt surprise me if he went to one of the head managers about me. Unlucky for him im good friends with his son and was in the bar with them at a show so if he tried to say i had an attitude problem he would be laughed at :laughing:

If i were you though id make notes on what he does, when he sends you home, when he complains about overtime, when he refuses to give paper for the tacho(which is a legal requirement) and whatever else he does. Take pictures of damage and make notes of it, making sure you have a copy of things. Get a good enough bit together and go and see a manager above this guy. Take a copy of it all. You have to be careful about recording conversations without someone knowing i think. If he calls you in for an interview/meeting ask for someone else to be there, i wanted this but luckily he never called me in for a meeting again.
I also used to dred to go into work because of the general manager at my work. He would make me very nervous but luckily it didnt last long. Hopefully the same will happen to you and the manager will get shoved into another department with being told he is going sideways and not down the ladder. When really he is going down the ladder :wink:

When you do write it out try and space out each ‘problem’ either with it’s own paragraph or own bullet point. It makes it easier to read.

If you go in for a ‘chat’ with a senior manager to take this further then I would advise taking a spare copy. You can read one out taking time not to rush it and then hand over the other sheet for them to refer to. It gives them time to digest what you’re saying.

Keep a note of times of what things take and the like, and speak to other drivers too.

Good Luck :slight_smile: