Crashed Van Over Worked

[chrish34720]

Hi

 

Looking for some advice

 

 

i returned to work on Friday 16th October after 2 weeks of paternity leave

and every day from then to now i have been working over 14 - 15 hours a day due to poor management skills,

lack of communication between other engineers and contruction issues on the job,

 

 

your being told to wait for this person they will be this long

you're waiting over an hour for them to do the job

then 1 hour and 30 minutes for your job which you cant start until they have carried out their job

 

 

im on pay per job and being told to wait around or get disciplined

 

Last night after another 14 hour day i was on my way home

joining the motorway from the sliproad

completely my fault which ive already admitted to my company

i was not concentrating

was looking to the right to see if any cars was coming from the round about

and didnt see a ford mondeo in front of me

 

 

went right into the back of her,

my van which belongs to the company i work for is a write off and her car is being repaired,

 

 

I phoned my company to explain which they have been very reasonable about up to now

 

 

been told ill have to pay the £1000 excess for the van which will be taken by installments on a monthly basis

surely the excess cant be £1000

wasnt a bad accident

everyone was ok apart from my back throbs from time to time since the crash

 

People keep telling me to put a claim in but im not sure if you can when the accident is your fault

 

need some advice please many thanks

 

My misses is blaming the hours they are making me work and not having enough sleep

[obiter dictum]

First question is have you signed the opt out for the working time regulations. These regulations limit you to a 48 hour maximum working week and an 11 hour day

 

They also cannot charge you any excess unless stipulated in your contract of employment

[Emmzzi]

What was the outcome of your previous problem with them docking your wages for damage to customer property? On that thread I asked you to check what you had signed when you TUPEd over.

 

 

Still cant assist until e know what you signed.

 

 

I cannot see this employment relationship ending well...

[chrish34720]

I think i may of opted in to that a few years ago when i wasnt doing the kind of hours im doing now

 

 

the work has picked up and everyone is now doing long hours,

 

 

i will speak to my collegue tommorow and get him to bring his contract in so i can read it i cant seem to find mine

 

There was nothing in the contract about them deducting wages without giving me notice

this is now being dealt with by acas,

 

 

Problem with the crash was over tired on my way home driving in the dark

i was simply not concentrating,

 

 

The company is a shambles that many people have come and gone in the space of 6 months of working for this new company

 

 

it actual upsets me to see so many good lads which i class as friends gone

[Emmzzi]

Did you get copies of what you signed when you TUPEd? You need to have all of your contracts and amendments that you have signed to fully know where you stand. Does your colleague also have copies of those?

 

 

The legal argument would be that you should not drive when tired and therefore it is your responsibility. The shambolicness of the company doe not affect tht.

 

 

How the damages are recovered, and to what amount, will vary depending on what you signed.

[obiter dictum]

You are responsible for informing your manager as to your fitness do do your designated role.

 

Section 7 Health and Safety at Work Act 1974

It shall be the duty of every employee while at work—

 

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

 

 

But if management are making you work 14 -15 hours a day then they can be held vicarious liable for your actions which will be a strict liability offence

 

Management of Health and Safety at Work Regulations 1999

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

Edited October 23, 2015 by obiter dictum

[scousepie]

You are responsible for informing your manager as to your fitness do do your designated role.

 

Section 7 Health and Safety at Work Act 1974

It shall be the duty of every employee while at work—

 

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work;

 

 

But if management are making you work 14 -15 hours a day then they can be held vicarious liable for your actions which will be a strict liability offence

 

Management of Health and Safety at Work Regulations 1999

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

 

There is also the Driving at work Act.. have a read thru.... I was in the same position, driving long hours and the company didn't give a dam. they put pressure on to get the job done, this is just the tip of the iceberg.

[obiter dictum]

Driving at work act??

 

New one on me

 

Non Tacho commercial vehicles are covered under the Domestic Driving Hours Regulations

[SabreSheep]

pleas elink to this driving at work act

[kregrs]

pleas elink to this driving at work act

 

That would be GB Domestic driving rules?

[scousepie]

That would be GB Domestic driving rules?

 

http://www.hse.gov.uk/pubns/indg382.pdf

[BazzaS]

Hi

 

 

my van which belongs to the company i work for is a write off and her car is being repaired,

 

 

 

surely the excess cant be £1000

wasnt a bad accident

 

 

What need to happen for you to consider it a "bad" accident?.

 

The van was written off, so the full excess may well apply.

The person who you ran into the back of may also have a personal injury claim.

 

the excess can't be £1000 if the agreement you signed (or were made aware of) states less, but can be £1000 if that was what you agreed .........

 

You may be able to try to claim contributory negligence by the company, but if you were too tired to drive safely, you shouldn't have been driving?.