ill keep this short
company i work based in the north west .for we do a lot of work for a company and deliver flat packed bespoke furniture/ shop fitting type stuff. to offices schools hotels etc. and 9 times out of 10 there is no flt meaning handball everything off with the shop fitters. can take hours to do at times.
my main point is last week i started at 6 30 am. it got to 13.00 was told next job pick up a load take it to eurostar terminal at st pancras station. fitters be there at 20.00 requested 20.00 delivery as only time can get on site.
i said how will this work as need stop by 21.30 due to wtd.
anyway i set off got there 20.00 as ever no flt to off load me fitters said take a good 2 hours get it all off.
i rang work at home recorded call to be on safe side.
anyway i told them need be parked up done by 21 .30 they said we know the rules better than you dont give us all this ■■■■ basically. leave your truck let them unloaded it. then when done drive to nearest place park up. i said be over 15 hours. anyway they reckon this is classed as an extreme circumstance said its fine. were class it as unforseen .
surley this isnt unforseen circumstances i for seen it at 13.00.
in the end did 16 and bit hours . but i thought unforseen was bad accident on motorway etc.
so who is right incase it ever happens again?
You’re right and they’re wrong, how can it be unforeseeable circumstances if it’s planned as this appears to have been 
You can legally go over your time to get to a suitable parking place if the circumstances cannot reasonably be expected to be foreseen.
By the way you didn’t need to be parked up by 21:30 because of the WTD, you needed to be parked up by 21:30 (assuming you had a reduced daily rest period available) because of the drivers hours and tachograph regulations which is a lot more serious than the WTD.
thats what i thought. yet management said weve been in this game hell lot longer than you. quick question . if this happens again and i drive off refuse to deliver as i know need to park up. would i have a case if i was then subsequently dismissed?
Extreme circumstances is definetly not to assist you company in making money,they basically told you to work over your time to meet a deadline to make money.
Next time tell them to duck off and make sure you have time to get parked,it’s your licence at stake and they would be arsed if you lost it…they’d simply replace you.
Well you cannot be told to break the law then sacked if you refuse so I would say yes you would have a case for unfair dismissal, but to be honest their biggest problem would be the DVSA if you could prove they were instructing you to ignore the drivers hours regulations, they would be putting their operators licence at risk.
There’s no way that those circumstances could be described as being unforseen.
They were telling you to take insufficient daily rest, as required within 24 hours of the start of the shift under the driver’s hours law.
Had they wanted you to be available to work that late in the evening they should have told you to start work later in the morning.
You should tell them that you will start your daily rest when required, either by leaving the delivery before it is complete with enough time to reach a parking place, or by stopping work at the required time and staying in that location for the night.
Next time insist they text, Email etc with such instructions which state that you will break the law to do what they want - bet they never ask again
ROG:
Next time insist they text, Email etc with such instructions which state that you will break the law to do what they want - bet they never ask again
^ This. And always reply to the text (which I’m 99% sure won’t appear) with the legal reasons (I.e. Out of hours due to starting at ■■.■■ etc) as to why you won’t be complying with their request.
That way you have a timed/dated record of the conversation - so they can’t pull the trick of “you never told us you would be out of time”.
I’ll be honest - I don’t think I’d have even attempted the tip if experience showed it was never gonna be done in time. Especially at that location as I’m guessing parking would be “interesting”.
It also spells out that you aren’t going to be pushed to do something daft.
It’s not being militant or a jobsworth - it’s keeping hold of your means of earning money - your license.
at the time i rang them but recored the phone call as i knew what thed say etc so recoreded it incase need it for any reason have them saying we know the rules better than you its unforeseen cant be helped. also there other response was your easily find a space in london to park. park in a housing estate or someware .
there happy sit in an office on google maps etc yet in real world they dont have a clue.
Been with these idiots long?
idiots is being kind and to long lol