Using tracker to spy and harass drivers

[ukthugz]

Just need to know were I stand in regards to the current situation I’m in . working for a right bunch of [zb]s .
Currently working for a company driving powder tankers p.s also their on a red light with vosa which was unknown to me until I got tugged over for a routine road side safety inspection and Mr vosa let slip .
thing is they constantly spy on me at work using the tracker information to harass me or using empty threats to bully me into their way of thinking .

Were do I stand legally or what action should I take against them as the situation is not acceptable , and is causing me undue stress.

For example
Todays activities

started 6am finished 13.15

15 mins defect checks / debrief in morning
Drove 1 hour
Other work 1 hour
Drove 1 hour
Other work 40 mins
Break 15 min
Drove 1 hour
Other work 1 hour
Drove 45 mins
Pulled over had another 15 minute break
As I’m only round the corner from base but needed to stop to take break
As my working time would still be over 6 hours by the time I finished so I would legally need to have 30 mins break
2 minutes into break nameless body from work rings me
Asks why I stop
I tell him I’m on break
He Admits watching me on tracker and says should have had come in and had break back at base
I said No because breaks can’t be taken at start of shift or very end of shift need to be spread over the duration.
He threatens to report me to senior manager and say’s I’m not managing my drivers hours well, I reply go ahead I’m prepared to fight my corner, besides which why you harassing me on break ■■ as driver breaks are supposed to be un interrupted , he knows full well I’m on break …

Been having this sort of scenario constant with the same individual,

Question is were do I stand legally ?
Does he have right to interrupt my break >? miss use tracker info in this way >?
I Thought trackers were only ment for vehicle security ?
HOUND ME whilst on break Or ring me whilst driving ■■
Make idle threats of disciplinary action / bully boy tactics
Give me the giddy up treatment unnecessarily

Were do I stand in regards of the data protection act ? human rights act ? equality and diversity act ? legally
what course of action should I take , as the situation is becoming unbearable .?

Help , and thoughts please

[wheel_nut]

You are wrong, and where do you get this idea that breaks cannot be interrupted?

Why are you wrong?

Trackers are used to maximise the usage of a vehicle or its driver, they could also be used for load security or in the case of a driver becoming ill whilst driving.

started 6am finished 13.15

15 mins defect checks / debrief in morning
Drove 1 hour
Other work 1 hour
Drove 1 hour
Other work 40 mins
Break 15 min
Drove 1 hour
Other work 1 hour
Drove 45 mins
Pulled over had another 15 minute break

So you have driven for 3h 45m and done 2h 55m other work yet you have taken 30 minutes break to satisfy your own made up rules. You have another 2 hours in which to complete your remaining 15 minutes, maybe the planner needed your truck in the garage or trailer back to load, maybe he had another short run for you. You didn’t need to take the second 15 minute break just around the corner from base.

I don’t know why you think the data protection act, your human rights act, equality and diversity have been violated.

Legally you do not have a leg to stand on. They on the other hand could give you a verbal followed by a written warning and as they pay your wages, my advice would be to keep your head down for a while, preferably in the depot.

[rog]

No need for driving time breaks as the driving was less than 4.5 hours in total so that leaves RTD breaks

RTD is 6 hours 40 mins so a total breaks of 30 mins needed which can be in 2 x 15s and must not be right at the start or end of a shift

If you intended to do no more work after you got back to the yard then I cannot see what you did wrong

Does the company bother about the RTD? - if not then realistically you could do what you did with no breaks and nobody anywhere would be bothered

[m1cks]

I don’t think you’ll find much sympathy on this one.
You don’t have to answer your phone to them when they call. Call them back after your break. You could have taken your break at the start or end of your shift as long as you are doing a period of other work before (if at start) or after (if at end) of shift. This could be 5 minutes where you are returning keys and PODs to the office.
It’s not misuse of the tracker. They are installed to stop drivers swinging the lead and hanging jobs out.
Telling you he will report you to his senior manager is not a threat or bully boy tactics. If he did this without telling you, you’d be on here saying how two faced he was.
This had naff all to do with data protection. None of your personal details are involved.
Your human rights? Again naff all. I’m sure you will have signed a contract which states what’s expected of you and what procedures the company operate and that you are willing to abide by them.
Equality and diversity? Are you being treated differently to other employees because of your ■■■ or a disability. I’m imagining not.

It just sounds like you and this planner don’t get on. Either ■■■■ it up and get on with the job, leave and find something else or confront him (not physically) and ask what his problem with you is. If necessary, you can also go to ‘his’ manager to start a grievance if you truly believe it’s genuine.

[ukthugz]

See the problem is I would have required 2 x 15 to satisfy wt rtd and as pointed out I can’t have breaks at very start of shift or end of shift . if I pulled back into yard IIT would have been at end of shift, then I would be up against another possible infringement from tacho analysis.

Already sat through one disciplinary hearing this week, companys tacho analysis was incorrect not reading breaks or poa of my charts, worst thing was how could I be expected to explain my actions to someone who is chairing the hearing with no tacho law knowledge ( basically a puppet court ) .

As for the days event couldn’t have taken a 30 at my first break stop due to time constraints on second load as I needed to get their before they shut . so obviously I knew my shift durations likely to exceed 6 hrs working time so I would have been required to stop off on and take another 15 mins on the way back . didn’t like the attitude / manner in which I was spoken to , so will be putting in a grievance against said person as he more or less asked me to run bent for the day as workload was planned irresponsibly by said individual. legally their bound to plan workload in accordance with tacho regs aren’t they ? So were was the planning ? To allow for breaks.

As for data protection his job role isn’t a planner he’s an assistant supervisor he shouldn’t be privy to tracking info as it concerns data based on my personal movements for which I haven’t given consent.
As for human rights . laws against on being spied on and harrased at work I’m sure off.
Equality and diversity act being of Asian origin I seem to be the only driver who gets treated differently, other driver at work stops off and gets his paper and a cup of coffee every morning yet nothing said to individual. Another driver rips fuel pump out of ground at yard but no disciplinary action given . I get warned for stopping to use toilet as some drop sites don’t have adequate welfare facilities , if I need to stop to take a [zb] I blooming do so.

As for interrupting break answering unnecessary phone call is other work , so he’s disrupted by break period .

[tachograph]

ukthugz:
See the problem is I would have required 2 x 15 to satisfy wt rtd and as pointed out I can’t have breaks at very start of shift or end of shift . if I pulled back into yard IIT would have been at end of shift, then I would be up against another possible infringement from tacho analysis.

You would need a total of 30 minute break/breaks for your shift, but there would be nothing illegal about having your break at base then putting the tachograph on other work for a couple of minutes before finishing the shift.

Though your way does save you time.

ukthugz:
As for the days event couldn’t have taken a 30 at my first break stop due to time constraints on second load as I needed to get their before they shut . so obviously I knew my shift durations likely to exceed 6 hrs working time so I would have been required to stop off on and take another 15 mins on the way back . didn’t like the attitude / manner in which I was spoken to , so will be putting in a grievance against said person as he more or less asked me to run bent for the day as workload was planned irresponsibly by said individual. legally their bound to plan workload in accordance with tacho regs aren’t they ? So were was the planning ? To allow for breaks.

I can’t comment on his attitude because I wasn’t there, but technically I can’t see how he’s failed to plan your job legally, he hasn’t told you not to have the second break he just said you should have had it back at base.

It sounds to me that there is some personality conflict between the two of you, this is something you need to sort out.

ukthugz:
As for data protection his job role isn’t a planner he’s an assistant supervisor he shouldn’t be privy to tracking info as it concerns data based on my personal movements for which I haven’t given consent.

He’s an assistant supervisor, of course he’s entitled to know where you are.

Sorry but you’re way off the mark complaining about an infraction of the data protection act because someone in a supervisory position used the tracking system to see where you are.
I’m old school and hate tracking systems but have to admit that they do have a role in today’s transport industry and supervisors have a right to use them.

ukthugz:
As for human rights . laws against on being spied on and harrased at work I’m sure off.

He’s not spying on you, he’s tracking your movements, as much as that seems alien to me, and I’m sure it would seem alien to most older driver, it is part of today’s transport industry I’m afraid.

ukthugz:
Equality and diversity act being of Asian origin I seem to be the only driver who gets treated differently, other driver at work stops off and gets his paper and a cup of coffee every morning yet nothing said to individual. Another driver rips fuel pump out of ground at yard but no disciplinary action given . I get warned for stopping to use toilet as some drop sites don’t have adequate welfare facilities , if I need to stop to take a p**ss I blooming do so.

You certainly do have a right to be treated in an equal manner regardless of your ethnicity and failure to do so is a serious offence.
If you feel that you’re being treated differently because of your Asian background you need to sort this out, but talk of data protection and human rights will only harm your case, either you have a case under the race relations act or you don’t but in my opinion you should not cloud the issue with talk about human rights or data protection.

If you genuinely feel that you’re being discriminated against because of your race perhaps you could try discussing it with the person involved, I know this is easier said than done but you really need to clear the air on that issue.

ukthugz:
As for interrupting break answering unnecessary phone call is other work , so he’s disrupted by break period .

This is difficult, on the one hand you don’t have to answer the phone but on the other hand if you don’t the person who you clearly have a bad relationship with will most likely use it against you.

[ukthugz]

What about having hidden cameras or mics fitted into the cab ? Sometimes I get the distinct feeling their ease dropping on me and listening in on private conversations I have with other drivers? But have no way to be sure ? What’s the law regarding use of hidden surveillance equipment ?

[the_sarge]

Stop looking for a list of excuses, mate. If you think you are being discriminated against because of your ethnicity - list the evidence and deal with it, by using the law as it exists.
Everything else is just muddying the waters. Gotta admit you sound like a serial moaner and wannabe barrack-room lawyer and I would probably have a problem with you if you were working for me…

[tachograph]

ukthugz:
What about having hidden cameras or mics fitted into the cab ? Sometimes I get the distinct feeling their ease dropping on me and listening in on private conversations I have with other drivers? But have no way to be sure ? What’s the law regarding use of hidden surveillance equipment ?

But do you have any evidence that they are using hidden microphones of cameras, mate if you feel you have a genuine grievance that’s fine, but if you start talking about things you have no evidence of you’re just going to make yourself look stupid, you need to stick to the facts that you can back up with evidence.

[coffeeholic]

tachograph:

ukthugz:
What about having hidden cameras or mics fitted into the cab ? Sometimes I get the distinct feeling their ease dropping on me and listening in on private conversations I have with other drivers? But have no way to be sure ? What’s the law regarding use of hidden surveillance equipment ?

…you’re just going to make yourself look stupid…

Going to? I think that horse has already bolted.

[tachograph]

Coffeeholic:

tachograph:

ukthugz:
What about having hidden cameras or mics fitted into the cab ? Sometimes I get the distinct feeling their ease dropping on me and listening in on private conversations I have with other drivers? But have no way to be sure ? What’s the law regarding use of hidden surveillance equipment ?

…you’re just going to make yourself look stupid…

Going to? I think that horse has already bolted.

Nasty