workers rights?

Question

I am having a few problems at work, I am a hgv driver and wish to work by the book, ie take my breaks as and when required...
the problem is I have a colleague who works bent, ie uses another tacho so he doesnt need a break...
Problem is the bosses love him, as he is quicker than me, and I feel the sack is near..
I am an experienced driver (15years) he has 12 months experience..
He has worked here 2 weeks more than myself, (4 months),
In the time of working the boss hasn't asked for a single tacho..

My question is, do I have any rights to appeal if the inevitable happens given the fact I have only worked 4 months with this company..

Thanks in advance

thank you so far, it seems I really have no rights, I had thought of threating to expose them I know they could be in a lot of trouble with the operators licence, I may even get them to agree to get another months wages , after all they wouldn't want me to report them to Vosa

Answer 1

No but you could go for constructive dismisal however I doubt whether it would be financially worth it.Sorry mate

Answer 2

I assume you're in the UK.

You DO have relevant employment rights; but you do not have rights udner the Unfair Dismissal legislation because you've not been there for at least a year.

However, under the Public Interest Disclosure Act (PIDA) you cannot be dismissed (or subject to any detriment) for a protected disclosure - such ars revealing that the employer (or another employee) is (or may be) guilty of a breach of duty or unlawful act.

Therefore, if you formally informed your boss (in writing) that chummy was acting unlawfully (the fact they may know that already is irrelevant) the employer could not sack you lawfully on the basis that you 'blew the whistle'.

You'd therefore be well advised to do just that sooner rather than later. It'll make sacking you very much more difficult.

You've got to bear in mind, however, that the practical effect of the above is unlikely to make you Mr Popular.

Answer 3

Your rights at work
There are laws to protect you at work, to ensure you get the pay that is due to you, that you get your holiday, maternity and sick pay rights, and that you are not unfairly dismissed or made redundant without compensation. These legal rights apply whether you work full- or part-time, provided you have worked long enough. If you are employed on a temporary contract you will get the same rights, provided you are employed directly rather than through an agency.

If you are self-employed you have fewer statutory rights. Some employers take advantage by offering work on this basis even where it is not genuinely self-employed. If this is happening to you, contact your T&G regional office or the legal department for advice on the relevant law.
http://www.tgwu.org.uk/Templates/Internal.asp?NodeID=89839

Answer 4

If you are aware someone is commiting a criminal offence you have a legal duty to tell someone about it.

If you don't inform your employers of bad practice before you are sacked they will have a case against you, not the other way around, so be careful.

Putting that aside why not just ask your boss how he thinks you are doing? At least you will be more certain where you stand.

Answer 5

If your employement contract says you are still within probation, and thus can be terminated for no reason within that time - nope.

I don't know the terms used, here, but is there a safety issue by this collegue using another tacho? If so, that's exposing the company to risk.

Answer 6

go to the Citizen's advice bureau. they will tell you honestly about your situation.

but if your boss agrees with him using two tachos then you are working for a dodgy haulage company and should be looking for another job. i know, easy for me to say, but i worked for a haulage company, in admin and bits as a transport manager and the owner would have had a heart attack if he knew one of his drivers was bent. anyway, that's all useless info.

go to the CAB cos they know all the UK law.
good luck

Answer 7

Not if they sack you. You have to be employed 12 months to claim unfair dismissal. If they make you redundant, you could claim unfair selection for redundancy. Or you could report the guy with the bent tacho to health and safety executive.

Answer 8

Speak to a union rep, or the CAB