I have trawled the internet looking for a definitive answer. Can anyone help?
Can your employer give work to an agency driver and stand down an employed driver with no pay?
What does your Contract of Employment say about your hours and pay?
That is what determines how your employer can treat you. Well, that and employment law, if it goes that far.
I don`t think that legally it matters what your employer is doing with other workers, be they perm or temp.
Thanks for the quick response. Contract is a bit vague, saying that there are guaranteed hours. And I was told when I joined that the minimum was 40hrs a week. But trying to get that out of them has always been a struggle. But hoped I might have more leverage if theyâd paid an agency bod and left a full-timer on stand down.
Cheers for response though. I shall battle on!
So long as they uphold their contract, there is little you can do, I would think.
Some places have union input but that again is down to contracts/agreements not the law as such.
do you get paid the 40 hours weather you work them or not or have you not been paid yet.
I was under the impression that the 40hrs was guaranteed whether we work them or not. But in reality, they tend to say well you could have washed vehicles, tidied the yard etc. then you get several drivers hanging around trying to look busy. So people just say, Iâm going home, call me when thereâs work.
But on this occasion I got a phone call to say âmyâ truck was out, and theyâd call me when it was back. I know an agency driver took it because he told me. And then it came back and went out on a night shift. Then I get a text saying can I go in tomorrow. So thatâs two days without work, just waiting, and no offer of alternative duties. So Iâm thinking they should make it up to 40hrs.
Depends on exactly what your contract says, but
Sounds good to me.
But if they have no driving work, but will pay you for yard, and you choose to go home?
HHmmm.
If the contract says 40hrs work, and they are willing to pay you to work in the yard?
Is that them not offering work, or is that you refusing work?
All down to the contract. Many will have phrases like âsuitable tasksâ etc.
However
Sounds to me like
Yes they should pay you if there is no work offered.
But
âŚread the contract.
Agency drivers cost a company more than an employed driver, so they would be retarded to do this. Doesnât mean that it wouldnât happen though 
Just an an FYI, Iâm not suggesting you go down this route, but if this is what they have done, ask them for an explanation in writing and tell them that Statutory Document No.5 is very clear that agency drivers are expected only to be used in situations where there is no employee available, ie âbusy periodsâ.
However, I suspect there may be a distinct sound of duelling banjos in your employerâs office
[quote=âzac_a, post:9, topic:237932â]
However, I suspect there may be a distinct sound of duelling banjos in your employerâs office
[/quote]. 
Thanks for your input everyone - much appreciated
Just to updateâŚ
Iâve read the contract which refers to being provided with a minimum of 40hrs. However, there is also a separate section on short working and lay offs due to lack of work. And apparently there is a statutory minimum day rate in these circumstances. Although companies may offer more if they wish.
So I trawled google, full of hope. Yep, it exists. A grand total of a maximum ÂŁ35 per day. At least I learnt something. Never knew this existed.
its been around for years in various disguises. I know someone that worked for one of these alarm companies that turn out a security bod if the alarm goes off. he would get a flat rate for his shift then get a bonus or paid an hourly wage if he actually had to go out.
Having said that i would still question why you were stood down as there was obviously work to be done by the agency guy
Interesting⌠not a fortune but it would pay for coffee and Greggs.
Iâm not going to argue it on this occasion as Iâm working today and will have clocked up about 38hrs since Thursday (and a higher rate for today). Not an ideal week, but itâll do.
I have a history of cutting off my nose to spite my face. Iâm sure a better hill to die on will come along shortly 
I had a job that involved working certain shift patterns, which then got changed one day by cancelling day one, and asking for me to attend at the opposite shift from day two onwardsâŚ
I ignored it, turned up at the normal time on day one, got the usual job Iâd get on my first day of the week there, and then got asked to attend earlies on day two - just as I was going home in the early hours at the end of my first night shiftâŚ
Boss was pretty narked that Iâd ignored his request, but didnât sack me. I told him he could get rid of me at any time, but kindly give me 48 hours notice firstâŚ
Got ignored on that, so I guess thatâs another bridge burned.
My contract stated PM starts, which at one point - got abused âlegitimatelyâ by ordering me to start @ 23:30 rather than 19:00 usual start time at that point⌠I never liked the âGraveyard Shiftâ much, as Iâm knackered during the morning rush hour, which isnât as safe as being home in bed by that point normallyâŚ
Transport has always been one of those industryâs where your shift pattern depends entirely on what mood the planner is in on any given day.
As drivers we donât stick together anyway, which is a shame. And they can always get another bum in the seat.
Onwards and downwardsâŚ
Unity doesnât simply happen, any âsticking togetherâ needs to be organized and managed, and the only way thatâs going to happen is to be unionised.
Anyone whoâs been on TN for any reasonable length of time knows the response to talk of unionisation is generally along the lines that âunions are just another bunch trying to get their hand in my pocketâ.
No union, no improvement in pay and working conditions.
2 Likes