yes i agree they could sack me but i am still able to drive a lorry and service their other clients. it all depends how much of the business is for x ltd. I worked for a supermarket (not the last one) there were drivers that were banned from a store because the goods in staff were bloody rude and aggressive and would deliberately try and cause accidents. several drivers bit back the drivers that were banned just got sent to the other stores
Im sure there are people on here that have been banned from a site and still kept their jobs.
im not sure on the legality of that i thought there was such a thing as a shunting license but that might be if they need to go short distances on the road. Ignoring that if they need a shunter and he is a good worker why not.
If you can’t do the job they employed you to do they are quite within their rights to dismiss you.
What happens if you are the only driver in the yard available and that regular customer needs something now? The boss can’t send you so he loses confidence with the customer.
As regards yard shunter, that is a different job altogether and not naturally yours if you if you can’t do the work you were set on for.
Having said that it is up to the employer, if you are a good worker he may arrange it so he can keep you.
When I was TM a long serving driver lost his licence, over the limit in unusual circumstances. I asked the managers of our dyeworks if they could find him something there, and they did. Sadly he proved unsatisfactory in other ways some years later so went then.
Another driver of mine, but from an agency, lost his licence on the same grounds, as he wasn’t employed directly the case for keeping him on did not exist.
By the way the unusual circunstances of our driver and his drink drive ban were that he was on a night out at Christmas with a mate. It was agreed between them that his mate would be the ‘designated driver’ so Colin could have a drink at the party. Unfortunately, when the time came for them to go home, his mate was legless, so Colin took a chance and drove.
He still would have been alright but for his temper. He stopped in a perfect fashion at lights on a snow covered road but the car behind did not do so and rammed him… Both drivers got out and the guilty one, fully apologetic, came forward to exchange his details but Colin, furious, decked the bloke. As the man regained his feet he had in one hand his warrant card and in the other a little bag with a tube attached.
as i said to you both it all depends on how the work is distributed. if 90% of the work is into Canada or potentially so then obviously no point starting the guy. if they have 5 % into Canada and 95% into the rest of America then why not
An interesting thing happened here when I was driving for Gauthier. I met, at a customers premises, another Gauthier driver I had not seen before. A short time later I heard that he had been caught drink driving but then after a few more months had passed, I saw him again at another customer’s premises. I expressed surprise as I thought he had been banned. He explained that he was banned but had got what was known a a white licence, a permis blanc. In cases where a person’s employment depended on a licence, they were issued with this special one. It allowed them to drive to and from work, with no deviations or exceptions, and also to continue to drive his lorry in the course of normal work. I don’t know if it is still the case in France but I remembered being very astonished at the time.
I’ve seen that happen with one of my TM clients drivers; I felt sorry for the guy, because other than not knowing when to wind his neck in, he was probably the least troublesome driver who did everything by the book. But the particular client was about 90% of the hauliers work supply, so he lost his job for the sake of venting his spleen.
Shunting on site doesn’t legally require any kind of a licence, as long as the company doing the shunting have the thumbs up from their insurer, it’s private land, “all bets are off”. So no, there’s no official “shunting licence”
Edit: PUWER (1998) requirements are that there must be training, but does not stipulate the details of training
Losing your HGV entitlement means an employer can legitimately dismiss you - “Legal Prohibition” is one of the six main reasons for a sound dismissal. And I’m pretty certain any decent employer wouldn’t consider someone to be “a good worker” after they’d lost their entitlement, it’s easy enough to get a new pass keen to learn shunting and train them up, knowing they’re able to go on road if/when the company needs it.
Why not is because you would be a lame duck, even if the company almost never goes north of the border, they would not want to be hamstrung with a driver who couldn’t when sod’s law probably would dictate that he was the only one available when a new, propective, customer suddenly phoned.
obviously if i lost my license i would be sacked the point i was making is there is no legal requirement to sack me,
re shunting work. im assuming then that if i had to go on the public highway for any reason to get between yards or warehouses i would need a full licence
if i was employed by them they would of already assigned me work unless i was finished for the day so it doesn’t matter if i can go over the border or not.
Hmmm… This is I think a “generational POV” issue. Often I see online people arguing “legalities” in respect of employers, and issues that aren’t within an employees remit to insist on nor to reasonably expect. A common example I’ve seen on TN being “No legal reason for an employer not to offer an employee a driving job even though the would-be driver cannot produce a license”.
My generation (and others) have a simpler view: it is the employers choice who to employ. If the would-be candidate employee has a situation that is not to the employer’s liking, they can and do choose not to offer employment, either initially, or in a continuation situation.
Anyway, the company insurers would most likely be the determining “legal requirement”, and companies aren’t legally bound to keep people on when there’s a solid reason for letting them go.
There’s no “legal obligation” for a boss to dismiss an employee found in flagrante delicto with his 18 year old daughter, but it’s a fairly foregone conclusion most of the time
you really believed that poppycock ,the classic excuse for drink driving? im a sucker for a sob story too,well i used to be, employed several “nobody will give me a chance” types who shook my hand overly and beg forgiveness only to be up to all sorts within a month.
