no work no pay

[bankbustermum]

Working for haulage company for 2 1/2 years. today we were told there is no work due to the adverse weather. Also told to call every day to stay informed but we would receive no pay. All drivers have no contact. Most will use holidays to try and get paid. Surely this aint legal

[elpulpo]

Working for haulage company for 2 1/2 years. today we were told there is no work due to the adverse weather. Also told to call every day to stay informed but we would receive no pay. All drivers have no contact. Most will use holidays to try and get paid. Surely this aint legal

Did you mean 'All drivers have no contract'?

[bankbustermum]

Did you mean 'All drivers have no contract'?

 

sorry yes no one with the company has a contract:p

[elpulpo]

And is it established by past practice that people work as and when there's work going, and are paid accordingly? Or do they have set working hours?

[bankbustermum]

Drivers work mon-fri 0630 start till finish generaly 1630-1800 depent on job allocated. Drivers work a 45hour week before overtime is paid ( so you can do 12 hrs monday and it will be at single rate overtime is paid once you have acheived 45 hours which usualy means a friday is overtime)

 

Weve never had a situation where its been as bad as this, we've had lulls in the work quantity from time totime and tey can usualy find someone willing to take a day off to cover the lack of work, theres roughly 60 drivers

[elpulpo]

It's established by precedent that these people have full-time contracts.

 

It's an employers responsibility to provide their employees with a written statement of particulars of employment (simply put, a written contract). They should do so within 2 months of the commencement of employment.

They might think they're in a stronger position because nothing has been put in writing; but believe me, they're not.

It's astounding that a company of that size doesn't provide a written statement.

They can't not pay you because of adverse weather conditions. That's their problem.

If they won't pay, lodge a group grievance. There are a lot of you. not many of them. They'll back down.

Is this business part of a bigger company?

[bankbustermum]

Private owned company, owned by one man. Has several other companys registered to same address. Brass necked type of guy, dont like the rules, sod off these plenty more drivers out there. Guys are scared to be without wages and even more scared to talk back

[elpulpo]

Well, the key is to stick together. He simply can't go to war with all of you. He'd be bankrupt.

How many employees are there in total?

You need to look towards union membership.

[bankbustermum]

Well, the key is to stick together. He simply can't go to war with all of you. He'd be bankrupt.

How many employees are there in total?

You need to look towards union membership.

 

About 80 employees in total. Union would be out of the question as he would just lay off anyone that mentioned it. There bloody ruthless, and till the recession dies off were all kind of stuck and at his so called mercy:x

[silverbird_9t9]

From the Directgov website

 

 

Dismissal relating to trade union reasons

 

 

If you are dismissed for a reason around trade union membership, recognition or subscription funds it will be automatically unfair. This includes being dismissed for:

• deciding to join, not to join or take part in the activities of a trade union or independent trade union, or for using its services
  
• refusing to give up your rights under a collective agreement
  
• objecting to or refusing to make a payment for union membership
  
• showing your support or non-support of any aspect of trade union recognition in the workplace
  
• asking your employer to stop paying a contribution of your trade union subscription into the trade union’s political fund
  
• objecting to a deduction of unauthorised or excessive union subscriptions from your pay
  

[elpulpo]

Well ,no one can wave a magic wand and make this guy change.

You need to all stick together and take him on. He'll have to back down.

Yes, some people will be victimised, and will probably lose their jobs, but you'll win in the end.

Have a look at United Road Transport Union: The Driver (HGV, LGV, lorry, truck) and Warehouse Union: URTU for instance. It costs about £3 a week to be a member.

[bankbustermum]

Update....

All drivers laid off due to weather 65 in total. Letter says possibly for up to 4 weeks. No pay. To visit the job centre.

[elpulpo]

http://www.consumeractiongroup.co.uk/forum/employment-problems/240969-teachers-pay-school-closure.html#post2686064

 

Take a look at elche's post here.