work rights ?????

maz27

Partner normally works during the day, does some nightshift work as and when the job requires. Worked 6 nightshifts consisting of 8 hours, has been told he is not owed travelling time despite this being a verbal agreement for previous nightshifts.
Decided to opt into the european working time directive as can on ocassions, be expected to work 60/70 hours per week.
As a result of opting into the european working time directive, his works van has been taken off him which we are not too concerned about as he will use our private car to get to the yard for work, however was expected to then go from the yard to site with the car loaded with work tools. He refused to load the car with work tools. Took the car to site as transport for himself, whilst a works van with the company tools followed him to site!!!
No-one else in the company (van drivers or not) are expected to get themselves to site.
Since opting into the european working time directive he has been told when there are redundancies he will be the first to go despite prior to this he would be the last to go as was an asset to the company.
Other employees have been told this is what happens if you opt into the european working time directive. Now all are quaking in their boots to make one false move.
He has worked ther for 8 yrs with no history of sick leave. Currently signed off for 2 weeks by his doctor as his dad is suffering serious medical issues at present also.
He was thinking about employment tribunal but everything is getting too much, he's decided to terminate his contract.

withabix

How long has he worked there?

How long are the night shifts? (hours per night at work, not from when he leaves house to when he gets home)

What are his start and finish times?

What is the type of work?

What has the van got to do with anything?

maz27

Worked there 4 5 years, not normally a night shift worker.

Worked for 8 hours per night

maz27

Started at 10pm finished at 6am.

Has always had a works van for getting to and from yard to collect tools/materials for job duties.

Savvy_Sue

I don't know if answering the following questions would help other people give constructive advice, but I'm unclear as to the order in which these events happened. Could you give a timeline? It might help?

Also how long is your b/f signed off for atm?

withabix

He needs to ask his employer when they are going to start complying with the laws relating to night shift working. If they tell him to get knotted, just give the HSE a call.

Small company I presume?

Is he in a Union?

There is no requirement for the employer to give him a van (unless it is written into his contract and in any case if it was for personal use he would pay tax on the use of the van), however the employer cannot expect him to use his own transport other than to get to the depot OR the place of work, but not both.

getmore4less

maz27 wrote: »

Hi,
Would appreciate advice, partner worked 6 x nightshifts without a health assessment, has now opted n2 EWTD, boss has taken his works van from him, he's signed off with work related stress. Is he able to go 4 constructive dismissal??????:(

Expand so people have a clue what you are talking about.

"has now opted n2 EWTD" ?

Background would also help.

maz27

This has been going on for 2/3 weeks now.

It is a small company and no he's not in a union, didn't think he cld join whilst on sick leave. I thought u had 2 b with a union for 12 weeks 2 get advice and assistance.

He's signed off 4 2wks at moment

maz27

getmore4less wrote: »

Expand so people have a clue what you are talking about.

"has now opted n2 EWTD" ?

Background would also help.

European Working Time Directive = government legislation to prevent u being forced to work over 48 hours.

withabix

maz27 wrote: »

European Working Time Directive = government legislation to prevent u being forced to work over 48 hours.

...but only when averaged out over a 6 month period. It doesn't mean that the employer can't make you work more than 48 hours in a particular week, although they can't make you work more than 13 hours in a 24 hour period.

C_Mababejive

maz27 wrote: »

Hi,
Would appreciate advice, partner worked 6 x nightshifts without a health assessment, has now opted n2 EWTD, boss has taken his works van from him, he's signed off with work related stress. Is he able to go 4 constructive dismissal??????:(

He needs to qualify as a "night worker" to have a right to a health assessment.
The van has nothing to do with it.
Constructive dismissal?? what does his contract of employment say re working hours??