disciplinary meeting

ableandy

Just to summarise:

1. A disciplinary cannot happen on Monday as he has not been given at least 24hours written notice of the case against him.

2. If, when he gets the written notification it does not state that the outcome of the disciplinary could be his dismissal then they cannot dismiss him.

3. A worker is only entitled to a 20 minute break after 6 hours work, therefore the break rule is acceptable.

4. The company is entitled to dictate when the breaks are taken, that said it is a bit strange to say it must be taken in the first 6 hours as then it could be taken just 5 minutes after starting work, hardly very good from a Health & Safety point of view.

ableandy

Just been overtaken by other comments, has he opted out of the 48 hour agreement?

https://www.gov.uk/maximum-weekly-working-hours/weekly-maximum-working-hours-and-opting-out


There are rules about driving trucks:

https://www.gov.uk/drivers-hours/gb-domestic-rules

Goods vehicles
Daily driving limit

You must not drive for more than 10 hours in a day. The daily driving limit applies to time spent at the wheel actually driving on a public road. Off-road driving counts as duty time.

Duty time

If you work as a driver for a company, duty time is any working time. If you’re self-employed, duty time is only time you spend driving the vehicle or doing other work related to the vehicle or its load.

Daily duty limit

You must not be on duty for more than 11 hours in any working day. This limit doesn’t apply on any working day when you don’t drive.

ohreally

ableandy wrote: »

A worker is only entitled to a 20 minute break after 6 hours work, therefore the break rule is acceptable.

Break entitlement is if the shift is over 6hrs - which is not the same as above.

dorothyjeffery

its not HGV. its a 3.5 white van man, van. i have noted all the others things, thank you all so much. he hasnt opted out of anything. and still hasnt had anything in writing at all.

so much help here, its brilliant.

he has got to phone the firm first thing monday to try and change the time of the disciplinary. the lead driver cant be there for 11am and wants it changed to 4pm. dont really see how they can refuse. But who knows.

thank you all again.xx

swingaloo

What I don't understand is why, if he was so desperate to get home early because of his daughter he would have a nap when he was close to his yard.

dorothyjeffery

because he was falling asleep at the wheel. so took the 20 mins then, because he hadnt had the break earlier. he had been at the hospital a lot night before with the little one. and didnt take the break earlier because he didnt want to get caught on the dartford crossing in rush hour. that would have meant a really late return home. thats it really.

RuthnJasper

OP, I am sorry for what has happened. One of the manager's arguments might be that, if the company logo was on the vehicle and he was visibly asleep inside, it could be looked upon as bringing the company into disrepute...

Hopefully everything will be sorted in a fair and reasonable manner. Best wishes.

Tiddlywinks

Three issues spring to mind:

1. Company image - not good to see a driver snoozing in a van

2. Time sheets - the figures would be false as no break taken

3. Health and safety - the company has said that a break must be taken. Professional drivers need to take safety seriously. If an accident occurred where no break had been taken, the company could be held culpable. That is why they have strict policies in place to show that staff have clear direction. And that is why they will discipline someone who doesn't take appropriate breaks.

theoretica

As a defence argument, he was taking a break for safety when he needed it most having worked longer than the driving regulations permit (that is if he had started at 5 that morning).

dorothyjeffery

thank you all again.

for verification, its just a plain white van. no logo. and yes, he was taking a break for safety: 'tiredness kills' . by the same token, all the drivers who work there take breaks at different times OR dont take breaks at all. if they have to stop due to tiredness etc, they just do so. there is no taco in vans.

we shall just have to wait and see what happens tomorrow.