Got into work Friday morning and started to help pack the pallets for delivery.
We cut bricks for building sites and packing is part of the job.
One of the pallets was about 5ft tall and leaning over slightly, so we gave it a good helping of shrink wrap and I was going to have it at the front of the truck up to the headboard to give it some support. The boss rolled in at about 9am and I pointed out to him the height of the pallet and asked him to have a word with the cutters not to stack too high in case anything happens!
He then laid into me saying I was always [zb] moaning, if you don’t like it you can [zb], there are plenty of drivers about and all the usual crap. I said that it was my licence on the line and therefore my livelyhood at stake if anything happened. He carried on abusing me so I just got my gear and went home.
He’s now telling everyone that he’s sacked me and I’m wondering where I stand if I have to sign on. I’ve worked there since last August and have a contract that states one weeks notice each way. I’ve just had 3 weeks holiday which I have been paid for ( the holiday year runs from Jan - Dec), so I’m only really owed 4 days wages. So does anyone know if I was sacked or have I resigned? I certainly won’t be going back!
He’s one of those blokes who likes to thik he’s a big man and tries to throw his weight around and shout and bawl at people when things aren’t going right. He also thinks it’s ok to send out loads at 11am to Brighton from Stoke Knowing that the sites shut at 4pm and expects you to do it in 3 hours!
Anyway if anyone can help I’d be grateful
Dave
Sorry Dave, but if it needs stars, then it’s got to go. Lib .
Hopefully I won’t have to sign on … but you never know do you
But I haven’t had any warnings (verbal or written) or had any bumps in the truck or anything. The best part of it is - it’s the third time i’ve worked for him. He rang and offered me the job back last August, so he knows me and the kind of person i am. We all have a moan and groan at times but i never knew you could get the push for it!! I think i’ll sign on just to make life difficult for him!!
davidj247:
Hopefully I won’t have to sign on … but you never know do you
I hope so.
I know a lot of people think signing on is a little undignified, but I’ve always felt that I’ve retained my dignity more when I haven’t taken a load of crap from someone.
I know what you mean Andy…
Life’s too short to spend it doing someting you dont like.
On the whole the job wasn’t too bad, nice truck and £7.50 an hour on a rigid which is good for around here. It was just so frustrating the way he set out his runs… we were always waiting for the work to be packed and he had no idea of where places were. On weds he sent my mate to Cheltenham to deliver and then to pick up at hinckley on the way back. He didn’t leave the yard un til 11.30 so that was hinckley out of the window. on the same day he had another wagon in coalville!! The following day he sent him to stratford and WITNEY and then said nip up to hinckley on your way in. Again he didn’t leave til 11am!!
Priceless!!
A previous employer of mine wanted to sack one of his drivers for repeatedly damaging trucks, one which was only 2 days old, after consulting with the RHA. Apparently since October last year the rules for dismissing an employee have changed. I remember reading in a trade magazine that before you sack someone you have to give him/her the usual written and verbal warnings and then he must be interviewed and then he/she as the right of appeal. If I remember correctly, if the above is not complied with the employee has a right to go to a tribunal and his compensation will be 50% more. I think I am right in saying that your contract of employment should have been ammended to take into account the new legislation and if it wan’t then it is again in your favour if you go to a tribunal. Cannot remember where I read about it otherwise I would have posted the article, I will see if I can find it and post it as a FAQ.
I have now found the article, which was in Commercial Motor 9th December 2004. I have submitted it to Lucy to get approval and to post
David it would be useful if you could get in writing the reason he has sacked you.
Sounds to me as if he was just trying to save face in front of the other drivers by saying he had sacked you.
davidj247:
He carried on abusing me so I just got my gear and went home.
He’s now telling everyone that he’s sacked me
I’d take him at his word, he sacked you for pointing out a H & S issue that produces a load safety issue.
That should be worth a few hundred pounds (at the very least,) of unfair dismissal, especially if you can get someone to say he was told you were sacked by your ex boss.
Make life tough for zb.
jump or pushed - doesn’t matter, this sounds like a textbook case of constructive dismissal so if I were you I’d be down to the nearest CAB to get some advice.
Tribunals? Sounds like a load of fuss for nothing mate. Whats the point? Spite or compensation? Sounds like you won’t get much compensation if any. It would be a lot of stress just to make a point.
I’d tip brake fluid on the guys car, put it all down to the fact he’s a …(whatever the mods would edit out) and goo find another job asap.
I’ve found if you look hard enough you can find a decent job within a week. If not the agencies will tide you over for a few weeks. Signing on is such a faff. Haven’t had to since I got my licence. Plus it takes weeks for your first giro to come through.
I agree it’s constructive dismissal nut as you havn’t been there a year you have no rights to a tribunal.
I’ve been in this position myself if you did have a right it must be initiated within 3 months of the incident.
Just let him get on with it sooner or later he’ll go out of business as word soon travels in this job about cac local employers & his attitude will bite him on the arse when he’s desperate for drivers “but there dont seem to be any out there” thats because they know he’s a [zb] and dont bother ringing for an interview
I left my last job coz my employer decided that what hours I would work, at the initial job interview, actually differed from the hours he wanted me to do .(Nothing unusual there I hear you cry), after asking him for 2months to put me on the hours we agreed on, I’d had enough and told him that he needed another driver.
He was initially all apologetic, and said he was sorry to see me go etc etc. a good reference would be available, all the usual speil. Then he asked me if I was going to work a weeks notice, as per contract. I said I’d given him a weeks notice and was going sick with stress for last week. All of a sudden the offer of a reference was quickly withdrawn and he got a bit stroppy, so I done the only thing I could, and laughed at him, told him where to put his reference, and his behavior just reinforced why I was leaving.
Anyway, the point of this little tale…I then went and signed on a week later, they investigated why I’d left (It helps to write a letter of resignation containing “reasons” for going, ie H&S issues, pressure of workload etc.) and dole money followed a fortnight later, no penalties. Bearing in mind that dole is paid 2 weeks in arrears, I didn’t think that was too bad. Point is, if you have been treated unreasonably, then as long as it wasn’t your unreasonable behavior that was causal to you leaving, then dole office shouldn’t deny you money.
I don’t think there is any long term future in companies that operate like this and you did the right thing leaving, like previously mentioned a tribunal is a waste of time as you’ve been there less than a year and probably couldn’t prove anything anyway (unfortunately as I hate companies that behave like this )
just a quick update - the boss has passed a message on to me via my mate saying that if i apologise i can have my job back!! Fat Chance!!
I must have missed something here - apologise for being abused and questioning the safety of a load?? Crazy!!
davidj247:
just a quick update - the boss has passed a message on to me via my mate saying that if i apologise i can have my job back!! Fat Chance!!
I must have missed something here - apologise for being abused and questioning the safety of a load?? Crazy!!
ha ha ha by telling everyone you was sacked thats means you now have witnesses… which unfair dismisal cos all you did was point out that a pallet wasnt safe which is health and saftey he hasnt got a leg to stand on ( which incidently he wouldnt have speaking to me like that ).
before you erm and ahh about the unfair dismisal claim just sit down with a tinny and think about all the names he called you in front of people.
Until you have done a year with them the guy can dismiss you but has to give you a weeks notice,eithier in lieu or you work the notice,if he paid you the money(you dont say)there is nothing in LAW that you can do,if not you can take the sad ■■■■ to court on the grounds of with holding your wages/money.Just to add if you have any doubt over the way the trucks are run get in touch with the DOT.
.
Oooh, you little tease, you!
)