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kingggy94

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Guest101

kingggy94 wrote: »

My partners company supply him a van to drive and collect everyone in his gang and get to different sites that they work on. The van has multiple issues with it and have done so for multiple months now. These issues are making the van unsafe, for example, both the air bag and seat belt light are constantly on, the breaks seize up, it sometimes won't go into gear...the list goes on!

My partner has asked multiple times to get it fixed however they won't. He's now said that he's refusing to drive it and therefore not go into work until it's fixed due to it being unsafe. They've said that they then won't pay him.

What are his rights in this instance and is there anything we can do?

Thank you in advance for any help!

Well surely he can make his own way to whatever site they're working on?


Obviously if hes not working, they wont pay him

Guest101

kingggy94 wrote: »

He doesn't own another vehicle. We are more than happy to buy one however he's worked there for over 10 years and they've always supplied the vehicle.

He is also expected to collect everyone else he works with which he would not be doing if he was driving his own vehicle.

Walk, cycle, bus, or car - the details aren't really relevant.


When you say expected, so no-one else can drive?


If you're saying the vehicle is not roadworthy, then he cannot drive it - that is the law. So if they dismiss him for that, it would be a very clear route for unfair dismissal.


If he's refusing to work, then obviously that is a very easy way to dismiss him.

Guest101

kingggy94 wrote: »

You're not understanding the question i'm asking and quite frankly being rude. - huh? I'm giving you advice for free and answering your question: What are his rights in this instance and is there anything we can do?

I'm not complaining about him not being paid. - So you don't need the money? Perhaps he can volunteer for a charity then. The question I was asking was how we can deal with getting the vehicle fixed - it's not your vehicle, so if they don't want to fix it, their issue. And they can deal with the H&SE fine that follows an accident. and get some advice on dealing with the company. - Obviously I don't understand the question with my little brain, what would you like advice on? It is in his contract that the vehicle would be supplied - ok and now it's not. Business reason. Employers can change contract. and therefore I would assume that would mean a roadworthy vehicle. - Indeed. But he's the one going to prison if he has an accident and someone gets hurt.

If you're just going to be rude and unhelpful then please do not reply.

Which bits were rude and unhelpful? I'll do my best to clarify why I said what I did

Savvy_Sue

I don't know how big the company is. If he's already talking to the boss, then he's a bit stuck on one level: if there's an HR dept or a Health and Safety manager, he should be talking to them as well as his boss.

There should be a named Health and Safety person, he should talk to them as well as his boss.

However, has he stated in writing what the issues with the van are? And has he done anything simple like checking that the tyre levels are legal? Because again, if they're not, he can't drive it, and that's easily demonstrable.

Undervalued

kingggy94 wrote: »

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Pleas do not delete your opening post. It is grossly rude to those who have taken the trouble to respond to your questions.

As it has been quoted in full in the first reply it is also completely pointless!

agrinnall

Undervalued wrote: »

Pleas do not delete your opening post. It is grossly rude to those who have taken the trouble to respond to your questions.

As it has been quoted in full in the first reply it is also completely pointless!

I feel you may have wasted your time in this instance, having also deleted what appears to be at least two subsequent posts (also quoted by Guest) I suspect the OP has disappeared for good.

Fluffybunny80

very odd, why not just delete the whole post? very confusing for new readers to the post too!

agrinnall

Fluffybunny80 wrote: »

very odd, why not just delete the whole post? very confusing for new readers to the post too!

It's not possible to delete post #1 (or at least, not for mere mortals on the forum, the techies behind the scenes can do it but would be unlikely to in this instance).