Have had an incident today whereby a driver of ours refused to carry out a job instructed by a company we contract for every day. This was due to the fact that it would have caused him to have to drive for 10 hours for the second time this week. His refusal was on the grounds that a second 10 hour driving shift is only to be used in emergencies. He is not working tomorrow so that leaves only one day for a potential emergency! (He rarely uses drives for than 9 hours on any day of the week so this is not a regular occurence.) The company raised a complaint against him to us due to the lost work it caused. How do we stand as employers in dealing with this issue? Also I cannot find anywhere that states the second ten hour allowance can only be used as he states. Any advice appreciated.
The regulations have provisions for running out of driving hours due to unforeseen circumstances, so no need to keep a 10 in hand just in case.
Your driver refused to carry out a task that was legal and as his job is a driver, I think reasonable. His refusal could cost work with a regular customer, especially if it happens again. I’m sure he wouldn’t have much come back if you took disciplinary action.
Thanks everyone.
You’ve all confirmed what I thought was correct. That it was a case of him not wanting to do it then trying to state a DVSA ‘guide line’ as he called it to back it up. Will ask him to find it I think and see what he comes back with. What does concern me is that he was our transport manager until last month. Think there couds be some sour grapes somewhere.
Sounds like a normal driver, iv no idea why so many get above their station.
Not only as he pizzed the customer off, I’d have concerns about having to award damages to loss of normal business, but if you’ve been informed that the work you were carrying out would lead to new business, then you would have to award loss of future profits to your client.
Sounds like you need to go back to basics and check, and amend your driver contracts. If you can’t discipline them, you can’t stamp out this shoddy behaviour.
woodcraft1:
Thanks everyone.
You’ve all confirmed what I thought was correct. That it was a case of him not wanting to do it then trying to state a DVSA ‘guide line’ as he called it to back it up. Will ask him to find it I think and see what he comes back with. What does concern me is that he was our transport manager until last month. Think there couds be some sour grapes somewhere.
You need a serious review of your management system
woodcraft1:
Thanks everyone.
You’ve all confirmed what I thought was correct. That it was a case of him not wanting to do it then trying to state a DVSA ‘guide line’ as he called it to back it up. Will ask him to find it I think and see what he comes back with. What does concern me is that he was our transport manager until last month. Think there couds be some sour grapes somewhere.
You need a serious review of your management system
