Company I work for have had me in for a disciplinary hearing last week and have handed me a written warning for infringements.
Total 5 infringements
3 for rt wtd
Saying I had insufficient breaks from duty’s supposed to have half hour break before 6 hours working time . I had 15’s I thought that’s all that’s required to satisfy legislation. Their analysis interpretation of the law has issued me with three infringements.
Another infringement was manual entry for 4.5 Hr driving break. It was at managers request to remove said tacho so it cud be shunted in yard. To be fair I didn’t write explanation on back off tacho just jotted it down in my diary.same person giving me the written warning asked me to remove it , so I thought manual entry H on back for break taken would suffice . nothing in legislation I can think of writing explanation on back of tacho for manual entry off a break .
Another instance 6 Hr rt wtd again stuck waiting in yard booked 1 1/2 hrs poa started at 6 am. had to move wagon during period as it was causing a problem with vehicle movements in yard so shunted it in yard back on poa.analysis says poa didn’t count as vehicle moved during duration . so my poa didn’t count having a knock on effect on my rt wtd break.
Wasn’t aware of requirement for tacho analysis as only driver not transport bod .I was only asked to shunt it not do other work with so driving mode to me wud have sufficed.
Had hearing chaired by person with no tacho knowledge at all , not qualified in my eyes to hand out infringement s, or explain errors of my way . written letter states due to tacho infringements not down to company policy.
Have 7 days to appeal. Help plz attend to fight em all guns blazing .
Is it written in company policy that you must have 30 mins for the 6 hours of working time? - if not then absolutely do not accept it if you took the required legal 15 min breaks
RTD breaks are not realistic legal infringements because no authority is bothered
The 4.5 driving break where the card was removed without a manual explanation was a silly thing to do
POA does count if vehicle moved - there is no law that says otherwise - not during the actual movement but each side of it is ok
Suggest you get your Union rep onto this if it goes any further
Not in union . was thinking of contacting ACAS for consultation, how can I clarify that no law broken on 6 Hr rt wtd when theyre addement I have. Who best to contact from ministry to approach for written confirmation that I have obeyed adhered to legislation by presenting them with examples.
The first thing to do is completely ignore this stuff about WTD infringements not being legal infringements, that’s completely untrue and if you try to argue that you will end up looking stupid.
Stick to the facts
The facts are that there is no legal requirement to have a 30 minute break before 6 hours working time, you only need to have 15 minutes before exceeding 6 hours working time, there is no legal requirement to write an explanation on a chart for manual entries unless it’s to explain none compliance of the regulations, there is no reason why you should not use POA and move the vehicle then go back onto POA, as long as you knew roughly how long you would be waiting you’ve done nothing wrong.
How long a period are the infringements over and when you received them were they explained to you ?
Infringements from last month for Feb , explanation given at hearing , not presented with evidence prior to hearing so didn’t know the charges or given time to mount a defence
Infringements explained ■■■■ poorly by someone who admitted that he doesn’t fully understand them and just read out what the analysis machine had said.
ukthugz:
Infringements from last month for Feb , explanation given at hearing , not presented with evidence prior to hearing so didn’t know the charges or given time to mount a defence
Infringements explained ■■■■ poorly by someone who admitted that he doesn’t fully understand them and just read out what the analysis machine had said.
My understanding of industrial law, which is very limited by the way, is that you should be given the right and the time to be represented at a disciplinary hearing, also you should have been presented with at-least a summary of the offences you’re accused of in advance.
I could be wrong about this but I’m sure someone will tell us if I am.
ukthugz:
Doesn’t a transport manager have legal duty to explain the infringements
I believe you should be given the infringements in writing and they should be explained to you.
ukthugz:
Not dhl . they also probably use the same analysis company
I would have a copy of the infringements and have them checked by another source.
a mate has just been pulled up for not having sufficient daily rest, he only works max sun to thurs and only actually worked 3 days the week in question
ukthugz:
Not dhl . they also probably use the same analysis company
I would have a copy of the infringements and have them checked by another source.
a mate has just been pulled up for not having sufficient daily rest, he only works max sun to thurs and only actually worked 3 days the week in question
Possible to have insufficient DAILY rest if working for one day … or did you mean to say WEEKLY rest?
ukthugz:
Not dhl . they also probably use the same analysis company
I would have a copy of the infringements and have them checked by another source.
a mate has just been pulled up for not having sufficient daily rest, he only works max sun to thurs and only actually worked 3 days the week in question
Possible to have insufficient DAILY rest if working for one day … or did you mean to say WEEKLY rest?
No Rog this guy finishes by 4 am and don’t start till 4pm there is no way he Could get an infringement for that
