somewhat complex problem..contracts/overtime....Legal stuff **WON**

[k13 wjd]

Ok, firstly, let me explain what i do.

 

I am a recovery driver, similar to the AA/RAC. I am on call 24hrs a day, for 6 days running. A work day extends from 12midnight.

 

i have been employed for around 5 months. I only received 1 Days training( not even practical) Upon getting the job, i signed a waiver for the 48 hour rule. i have NOT yet been shown a contract, nor anything amounting to one.

 

I have several questions.

 

Firstly, i am currently being FORCED into working overtime. We are paid on a basic 40 hour week..running from monday 12am to sunday midnight. I reguarly work for 11 hours with NO offical breaks. No breaks are set out, and my employer tells me i am NOT entitled to them, as i am a "mobile on call worker"

 

can they do these things??? when i say overtime, im talking about doing 75 hours in a week. often in bursts of 24 hours, where i work fairly constantly, and don't get time to wash, or eat.....

 

If i refuse to do overtime, is that based on a weekly basis, or a daily basis ? and can my employer take any action agaist me?

 

 

A quick reply would be appreciated.

 

Thanks in advance !

[k13 wjd]

I had an minor accident at work, i clipped my lorry against a bollard.

 

i was asked to pay the full amount for the repair, totaling around £800.

 

 

can my employer do this ?

[maroondevo52]

Hello and Welcome, k13 wjd.

 

Surely your employer has Insurance cover for this sort of thing.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[k13 wjd]

yes. the excess on the insurance is £1000, so the repair cost was less than the excess.

 

 

also, my employer stated that he doesnt want to loose his no claims bonus. i have paid the £800........but now regret it, i was put on the spot, and basically told i could either pay the £800....or be sacked, and have the £800 removed from my wages !

[maroondevo52]

Hi,

 

I very much doubt they could have done either, pay you off or deduct the money from your account, I'm sorry I don't know more about this sort of incident, hopefully someone else will help you out.

 

Regards.

 

Scott.

[farmlama]

i would say if you are paid for 40 hours then only work 40 hours, they cannot force you to work more especially if they have not produced a contract which could have stated you will do a certain amount of overtime, you can still cancel the waiver to the 48 hour week, just put it in writing to your employer. if you are only being paid for 40 hour but having to work 75 this may also be a breach of minimum wage

[k13 wjd]

I am paid for overtime, at the rate of 1.5x my normal rate.

 

The 40 hours....is that 40 hours total, or 40 hours spread over 6 days ??? i.e 6.6 hrs per day......So if i refuse overtime, is that AFTER 6.6 hours a day, or AFTER the first 40 hours of the week.....I've racked 40 hours up in less than 3 days in the past.

 

Also, my 2 days off.....I go OFF call at midnight, then im off from then, for 48 hours, coming BACK on at midnight.......is that down to them, or can i say when i want my days to start....bearing in mind im 24 hrs on call !

 

really not simple is it.....

 

If, i cancel my opt out, and they sack me....does that count as un-fair dissmissal ??? or doesnt that matter, as ive only worked there like 5 months.

 

 

thanks for this guys !

[elche]

Hi K13

 

Did you ever sign a document before the accident saying that your employer could deduct from wages in the event of an accident?

 

Did you ever sign a document saying that you would re-imburse your employer in the event of an accident?

 

How long have you worked there?

 

Che

[k13 wjd]

no

 

 

no

 

5 months.

[mariefab]

1. When did the accident happen?

 

2. Did you get a receipt for the £800 payment?

 

3. Has your employer taken any disciplinary action against you regarding this accident? (Verbal warning, written warning etc.)

[k13 wjd]

2 months ago

 

yes, but not 100% sure where it is.

 

3....erm no....but i was SACKED today, for opting out of the 48 hour rule.....see other post !

[k13 wjd]

Ok, little update here. this is going to get messy.

 

Firstly, i took the liberty of recording the conversation with my work, with use of a conceled device.....is that viable evidence in a scottish court/trib?

 

Ok, so i gave them the opt IN......2 hours later i get called in to the office.......im then told that they accept it, but my job is changed to 6pm to 2 am 6 days a week, constant nightshift, with a ( big ) reduction in pay.

 

i told them that was unacceptable, in that the opt OUT clause clearly stated i could cancel it, with NO DETRIMENT TO MY EMPLOYMENT...

 

cue 30 mins of arguing......then i told them i would continue to work my normal hours ( due to 3 month's notice for opt in) but i wrote a signed letter saying that i refused to do any overtime when i felt that it affected my skill and judgement as a driver.

 

They sacked me.

 

Tribunal anyone......unfair dissmisal/constructive dismissal....or something else...

 

 

im off to hunt for a job.

[k13 wjd]

i should add i was given no offer of a health check prior to the nightshift being offered, and i clearly stated that i didnt want to do 70 hour shifts, as it was affecting my health, and my personal relationships......

[k13 wjd]

i recorded a conversation at work, as i kinda knew they were about to sack me, in un-fair cirumstances.

 

I did NOT tell them i was recording the conversation, and it took place in a private room, in scotland( maybe different scots law ?)

 

 

Can i use this as evidence in a court ?

 

its a long recording, 50 mins...i clearly state at the start, the time date, and location.

[sarajulldin]

Not sure about Scotland but in England you wouldnt be able to use it, were you not able to record it with them aware?

[yourbank]

Can he use the transcript of the recording?

[k13 wjd]

i could have, but im sure if i told them i was recording it the outcome would have been very very different.

 

for reference, i have just been sacked for opting back into the 48 hour rule, and refusing to do over time WHEN my skills and judgement as a driver have been affected.

[andie_303]

Actually this case might say different to the advice by sara

 

here's the link

 

Covert recordings of Disciplinary Meetings with an Employer | Lawyer Help Covert recordings of Disciplinary Meetings with an Employer school, dogherty , disciplinary, tribunal, covert hearings recordings , panel deliberations, employment, appeal , he

 

if you google use of covert recordings as evidence it brings up a number of law sites. I think this is english law but it might help

[postggj]

Corrected If Wrong

 

You Cant Opt Out Or Inn On The 48 Hour Rule

 

If You Are A Driver Of A Lgv Or Hgv, Its The Law

 

I Know Its Over I Believe A 20 Week Period But I Can Do No More Than Eight Hours A Week Overtime

[k13 wjd]

im a recovery driver, and as such, i am not goverened by eu tachograph laws.....i can ( or could) sign out of the 48 hour clause, but they whooped it so bad, i ended up doing 75 hour weeks !

 

Truth be told i was sacked for refusing to do overtime WHEN IT AFFECTED MY SKILLS/JUDGEMENT AS A DRIVER.....i have that in writing, and on tape.

[postggj]

Forgive My Ignorence

 

Do Recovery Vehicles Have A Tacho

[andie_303]

have a look at the link above that was upheld by appeals and said that covert recordings could be used.

 

Do your employers know you have it?

[sarajulldin]

yh just read your other thread about it, sorry to hear that you been sacked

[elche]

So was the £800 paid from your wages or from another source?

 

Che

[ErikaPNP]

I have replied on your other thread